(650) 332-8623Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Explore Oklahoma labor laws with this 2025 guide on wages, breaks, overtime, and rights. Stay updated on key regulations and compliance rules.
What’s New in 2025?
Oklahoma Meals and Breaks
No LawMeal and Rest Breaks
Oklahoma does not require employers to provide meal or rest breaks to employees aged 16 or older. Employers may choose to offer these breaks as part of company policy or a collective bargaining agreement.
Reasonable TimeBreastfeeding Breaks
Private employers in Oklahoma are encouraged to provide reasonable unpaid breaks for lactating employees, as long as it does not cause undue hardship. All breastfeeding breaks should be taken in a private, sanitary space that is not a restroom.
Oklahoma Leave and Paid Time Off (PTO)
FMLA provides up to 12 weeks of unpaid, job-protected leave per year.
It applies to employers with 50 or more employees and covers eligible public and private employees who meet the required hours worked.
Oklahoma does not mandate sick leave for private employees. Private employers may choose to offer paid or unpaid sick leave as part of company policy.
For public employees, however, paid sick leave is required for full-time state employees. Employees accrue sick leave based on the number of hours worked per pay period, excluding overtime. There is no limit to the amount of sick leave that can be accumulated.
All employers in Oklahoma are required to provide up to two hours of paid leave for employees to vote if they do not have a three-hour window to vote outside of their regular work hours.
State employees earn annual leave based on years of service, starting with 15 days per year for employees with under five years of service. This leave is paid and can accumulate up to 80 days.
The law requires private employers to grant leave for military duties but does not mandate paid leave.
However, state employees in the National Guard or Reserve forces receive 30 paid workdays of leave per fiscal year for military duties, with partial pay thereafter.
State employees are eligible for up to five workdays of paid leave for bone marrow donation and up to 30 workdays of paid leave for organ donation.
Enforced leave allows state employees to take up to 10 paid days off for family or personal emergencies, such as family illness or bereavement.
There is no legal requirement for private employers in Oklahoma to provide bereavement leave. Any bereavement policy in the private sector would depend on individual company policies or employment contracts,
Oklahoma Wages and Overtime
$7.25/hourMinimum Wage
The minimum wage in Oklahoma is $7.25 per hour, which matches the federal minimum wage. Employers with at least 10 full-time employees or those grossing over $100,000 annually must comply with this minimum wage requirement.
1.5x HourlyOvertime Rate
In Oklahoma, non-exempt employees must be paid 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. This requirement is in line with federal wage laws under the Fair Labor Standards Act (FLSA).
$2.13/hourMinimum Tipped Wage
The minimum tipped wage in Oklahoma is $2.13 per hour. Employers must ensure that employees earn at least the full minimum wage of $7.25 per hour when tips are included.
2x MonthlyPay Frequency
Employers in Oklahoma are required to pay employees at least twice a month. However, state, county, and municipal employees can be paid once per month.
Currently, there are no cities or counties in Oklahoma with a minimum wage that differs from the state minimum wage of $7.25 per hour, which aligns with the federal minimum wage.
In Oklahoma, certain workers can be paid sub-minimum wages under specific conditions:
- Tipped Employees: Paid $2.13 per hour, but total earnings (wage plus tips) must meet the $7.25 minimum. Employers cover any shortfall.
- Students: Full-time students in work-study or working 20 hours or less per week can be paid 85% of the minimum wage, roughly $6.16 per hour.
- Young Workers: Employees under 20 years old can earn $4.25 per hour for their first 90 days.
- Workers with Disabilities: Sub-minimum wages apply based on the individual’s ability to perform duties.
- Learners and Apprentices: May earn below minimum wage if in training programs, subject to specific exemptions.
In Oklahoma, executive, administrative, and professional employees are exempt from overtime if they meet specific criteria under the FLSA.
- Current Salary Threshold: $684 per week ($35,568 annually).
- New Threshold (2025): $1,128 per week ($58,656 annually) from January 1, 2025.
Exemptions also depend on job duties that align with managerial, administrative, or specialized roles. The upcoming change aims to expand overtime protections to more workers.
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OK Prevailing Wages
Oklahoma does not have its own state-specific prevailing wage law. In fact, the Oklahoma Supreme Court ruled the state’s prevailing wage unconstitutional. As a result, Oklahoma follows the federal Davis-Bacon Act for prevailing wages on federally funded construction projects.
The Davis-Bacon Act requires contractors and subcontractors working on federal or federally-assisted construction projects to pay their laborers and mechanics at least the locally prevailing wages and benefits for similar projects in the area. The U.S. Department of Labordetermines these rates.
Oklahoma Prevailing Wage Resources
OK Child Labor Laws
<14 Years
Laws in Oklahoma for children under 14
- Generally, children under 14 are not allowed to work in Oklahoma, except in specific exempt situations such as working on family farms or delivering newspapers. These exemptions allow for limited employment opportunities, but protections are in place to ensure children are not exploited
14-15 Years
Laws in Oklahoma for children 14 to 15
16-17 Years
Laws in Oklahoma for children 16 to 17
- For minors aged 16 to 17 in Oklahoma, there are no limitations on working hours or times.
- They are permitted to work in non-hazardous occupations. However, certain exemptions exist for those enrolled in vocational training programs, allowing them to work in restricted roles if the work is part of a structured training program.
Other Essential Oklahoma Labor Laws
Health and Safety Standards in Oklahoma
In Oklahoma, the Department of Labor prioritizes the safety and health of both public and private sector workplaces. They offer various programs and services designed to prevent workplace accidents and promote a culture of safety.
In Oklahoma, employers must…
- Comply with state and federal safety standards, including OSHA regulations. Free OSHA consultations are available for compliance support.
- Eliminate hazardous conditions, with the Safety Standards Division conducting inspections for industries like boilers, elevators, and fire safety systems.
- Maintain safety documentation and provide employee training on safety protocols.
In Oklahoma, employees should…
- Report unsafe conditions to the Department of Labor or through OSHA’s confidential channels.
- Follow all safety protocols and use required personal protective equipment.
- Know their rights under PEOSH if employed in the public sector.
Report health and safety violations (unsafe working conditions) in Oklahoma to…
- Employees: Report a Fatality or Severe Injury
- Employees: File a Complaint
- Employers: Occupational Licensing and Advisory Commission
- Employers: Safety Standards Division
Hiring and/or Firing Employees in Oklahoma
Oklahoma is an at-will employment state. This means that employers or employees can terminate employment at any time, with or without cause, as long as the reason is not illegal, such as discrimination or retaliation for protected activities.
Oklahoma is a right-to-work state. Employees cannot be compelled to join or pay dues to a union as a condition of employment. Employers are prohibited from requiring union membership or payments, protecting workers’ freedom of association.
Oklahoma allows employers to conduct background checks in compliance with state and federal laws. Employers must obtain consent from applicants and adhere to regulations regarding criminal record use.
Employers can also conduct drug tests based on specific conditions such as pre-employment, post-accident, and reasonable suspicion. However, random testing is restricted to safety-sensitive roles.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination based on race, color, religion, sex, pregnancy, national origin, age (40+), disability, or genetic information.
Employees can report discrimination to the EEOC or the Oklahoma Office of Civil Rights Enforcement (OCRE).
Anti-Discrimination Laws in Oklahoma
Oklahoma enforces anti-discrimination laws through the Office of Civil Rights Enforcement (OCRE) and the U.S. Equal Employment Opportunity Commission (EEOC). These laws protect employees and job applicants from unfair treatment in the workplace based on specific protected characteristics.
Employers in Oklahoma may not discriminate against job applicants based on…
- Race, color, or national origin
- Religion
- Sex (including pregnancy and gender identity)
- Age (40 or older)
- Disability or genetic information
Employee Resignation or Termination in Oklahoma
Oklahoma is an at-will employment state, allowing employers or employees to end employment at any time, for any legal reason. However, there are exceptions to this rule. Employers cannot terminate employees in retaliation for exercising their rights or reporting illegal conduct.
Discrimination-based terminations, such as those based on race, sex, or age, are also prohibited. If a contract or employee handbook outlines specific termination policies, employers must follow those guidelines.
Unemployment Benefits in Oklahoma
Workers in Oklahoma are eligible for unemployment benefits if they…
- Earned at least $1,500 during the entire base period and have total wages of at least 1.5 times their highest quarter earnings.
- Are unemployed through no fault of their own, such as layoffs, reduction in hours, or job loss unrelated to performance.
- Are able, available, and actively seeking employment. Claimants must perform at least two work searches each week.
Use this website to start your application for unemployment benefits in Oklahoma:
Oklahoma Employment Security Commission
COBRA Benefits in Oklahoma
Separated employees in Oklahoma may extend employer-provided health care coverage through COBRA, which stipulates…
- Employees who lose their job-based health insurance due to qualifying events such as job loss, reduction in hours, divorce, or other specified life events can opt for COBRA continuation coverage.
- Standard COBRA coverage lasts up to 18 months for job loss or reduced hours. Certain events like the death of the employee, divorce, or a dependent aging out can extend coverage up to 36 months.
- For employees of small businesses with fewer than 20 employees, Oklahoma’s Mini-COBRA law allows continued health coverage for up to 12 months under similar qualifying events.
Final Paychecks in Oklahoma
Separated employees in Oklahoma must receive their final paychecks…
- By the next regularly scheduled payday following their termination.
- Through standard payment methods like direct deposit or physical check, or by certified mail if requested.
- Including all earned wages and any overtime pay accrued during the final pay period.
Looking for other state-specific labor laws? Here are some of our related guides for review and comparison purposes:
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OK Recordkeeping Requirements
Employers in Oklahoma must adhere to federal and state recordkeeping requirements to ensure compliance with employment laws.
1 Year
Employers must retain these documents for at least one year:
- Personnel or employment records, including hiring, promotion, demotion, and termination files.
- Records related to involuntary terminations for one year from the date of termination.
2 Years
Employers must retain these documents for at least two years:
- Wage rate records, job evaluations, and seniority or merit systems.
- Records explaining pay differences based on the Fair Labor Standards Act (FLSA) or Equal Pay Act (EPA)
3 Years
Employers must retain these documents for at least three years:
- Payroll records, time cards, collective bargaining agreements, and records used to compute wages.
- Records of additions or deductions from employee wages
4 Years
Employers must retain these documents for at least four years:
- Employment tax records, including forms and proof of tax payments, per IRS guidelines
6 Years
Employers must retain these documents for at least six years:
- Plans such as pension plans or health insurance plans, and related documents, must be retained for the entire period the plan is in effect and for at least one year after its termination. This ensures compliance with ERISA requirements.
Penalties for Labor Law Noncompliance in Oklahoma Wages
$500+Wage Violations
Employers can face administrative fines of $500 per violation for failing to pay earned wages, and up to 2% of unpaid wages per day in liquidated damages until wages are paid in full.
$1,000+Overtime Pay Violations
Under federal FLSA guidelines, willful violations can result in civil penalties up to $1,000 per incident and criminal fines up to $10,000, along with mandatory payment of back wages.
$500+Child Labor Violations
Employers in violation of child labor laws face fines of up to $500 per incident or up to $1,000 for multiple related offenses. They may also face misdemeanor charges leading to imprisonment.
$50+Voting Leave Violation
Employers failing to comply with voting leave laws are subject to a civil penalty ranging from $50 to $100 per violation.
In Oklahoma, labor law violations are investigated and addressed by…
- Oklahoma Department of Labor: Enforces state labor laws, including wage, hour, child labor, and workplace safety. Investigates wage disputes, overtime, and safety issues.
- Oklahoma Office of Civil Rights Enforcement (OCRE): Handles complaints of employment discrimination based on protected categories like race, gender, age, and disability.
- U.S. Department of Labor, Wage and Hour Division (WHD): Enforces federal wage laws, including overtime, minimum wage, and FMLA compliance.
Employees in Oklahoma have rights that protect them from discrimination, ensure fair wages, and provide safe working conditions. They are entitled to equal employment opportunities without discrimination based on race, color, religion, sex, national origin, age, or disability.
Workers have the right to receive at least the minimum wage and be compensated for overtime hours worked. Employees are also protected under the Oklahoma Occupational Safety and Health laws, which require safe workplaces. Additionally, employees are free to report violations without fear of retaliation from employers.
Oklahoma follows federal minimum wage laws, requiring employers to pay employees at least $7.25 per hour. Employers with ten or more full-time employees or those grossing over $100,000 annually must adhere to this rule.
Additionally, tipped employees must earn at least $2.13 per hour in direct wages, with employers making up any shortfall to reach the minimum wage of $7.25. For overtime, employees must be paid 1.5 times their regular pay rate for all hours worked over 40 in a workweek, as mandated by federal law.
Oklahoma does not have state laws requiring meal or rest breaks for employees aged 16 or older. Employers may provide breaks based on company policy or agreements, but they are not legally obligated to do so.
However, for minors aged 14 to 15, state law mandates a 30-minute meal break if they work more than five hours in a day. Although breaks are not required, federal law recommends paid breaks of 20 minutes or less as compensable time, while meal breaks of 30 minutes or more can be unpaid if the employee is fully relieved of duties.
Yes, Oklahoma follows at-will employment laws, allowing employers or employees to end the employment relationship at any time, with or without cause, and without prior notice. However, exceptions exist where termination cannot be based on illegal reasons, such as discrimination, retaliation for reporting violations, or exercising legal rights.
If an employee has an employment contract or the employer’s policies outline specific termination rules, those must be followed. Despite being an at-will state, employers must still comply with federal and state laws protecting employees’ rights.
Yes, overtime pay is mandatory in Oklahoma for non-exempt employees under the Fair Labor Standards Act (FLSA). Employers must pay 1.5 times an employee’s regular hourly rate for all hours worked over 40 in a workweek.
While Oklahoma does not have specific overtime laws, the state adheres to federal FLSA guidelines, ensuring fair compensation for extra hours worked. However, certain employees, such as executive, administrative, and professional roles, may be exempt from overtime pay if they meet specific salary and job duty criteria.
Yes, employees in Oklahoma can sue for wrongful termination if they believe their dismissal violated state or federal laws. Common grounds for wrongful termination claims include discrimination based on race, gender, age, disability, or retaliation for reporting workplace violations or refusing to participate in illegal activities.
Oklahoma’s at-will employment status does not protect employers from wrongful termination lawsuits if they breach employment contracts, violate anti-discrimination laws, or dismiss employees for reasons deemed illegal. Employees must provide evidence to support their claims in order to pursue legal action.
Oklahoma does not legally require employers to provide a termination letter when ending an employee’s employment. However, employers may choose to issue one as part of their internal policies or at the employee’s request.
A termination letter can outline the reason for dismissal, effective date, and final compensation details. While it is not mandatory, providing a termination letter can help clarify the circumstances of the termination and minimize potential misunderstandings or disputes. Employers must still follow applicable state and federal laws when terminating employees.
