Oklahoma Labor Laws (2025 Guide)

What’s New in 2025

No significant updates to Oklahoma employment laws are currently scheduled for 2025.

Labor Law Posters

Federal Labor Law Posters
State Labor Law Posters

Wage and Hour Laws

Minimum Wage

Oklahoma adopts the federal minimum wage for employers with 10 or more full-time employees at one location or those with gross annual sales of over $100,000. The minimum wage for these employers is $7.25/hour. 

For all other employers, the state’s minimum wage applies ($2.00/hour). 

Certain workers are exempt from these minimum wage laws, including:

• Farm workers.
• Domestic workers.
• Newspaper vendors.
• Bona fide executive, administrative, and professional employees.
• Outside salespersons.
• Non-permanent part-time employees.
• Under-18s who haven’t graduated.
• Under-22s enrolled in high school, college, university, or a vocational training program.

Cities and municipalities can’t set their own minimum wages. 

Tipped Minimum Wage

Employers can count tips, meals, and lodging towards the minimum wage, but only up to 50% of the required wage. This means employers can pay employees $3.63/hour if tips, meals, and lodging bring employees’ total wages to $7.25/hour. 

Mandatory tip pooling is allowed. 

Overtime Laws

Oklahoma doesn’t have any overtime laws. 

Employers may be covered by the federal Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must be paid 1.5 times their regular rate of pay for any hours over 40 they work in a week. 

Certain employees are exempt from the overtime provisions of the FLSA, including:

• Bona fide administrative, executive, and professional employees who meet work duties and salary threshold requirements.
• Computer employees who meet the salary threshold requirements.
• Outside salespersons.

Learn more about these exemption requirements in this fact sheet.

Break Laws

Meal and Rest Breaks

General meal and rest breaks aren’t mandatory in Oklahoma. 

However, many employers offer them. Where they do, federal law applies. Any break under 20 minutes or longer breaks where the employee isn’t fully relieved of their duties must be paid. 

Private employers may provide reasonable unpaid breaks for breastfeeding employees to express milk, unless doing so would cause the employer undue hardship. Where possible, these breaks should run concurrently with any other breaks the employee has.

Minor employees under 16 years of age must have:

• A 1-hour break for 8 hours worked, or
• A 30-minute break for 5 hours worked.

Recordkeeping Requirements

Employers must keep records of each employee’s wages, hours, employment conditions, and practices for the whole time that person is employed and at least 5 years after they’ve left the job. 

Scheduling Laws

The state has no predictive scheduling laws requiring mandatory notice periods or compensation for last-minute schedule changes. 

Employee Compensation and Benefits

Reporting Time Pay

Reporting time pay isn’t mandatory in Oklahoma. Employees have to be paid only for the hours they work if they show up for a shift but are sent home early. 

Payday Frequency and Method

Employees must be paid twice a month, at a minimum. Paydays must be regular and set in advance. 

Some types of employees, including state employees and managerial employees exempt under the FLSA, can be paid once a month. 

There can’t be more than 11 days between the end of a pay period and a payday. 

Employers can pay employees by cash, check, or direct deposit. Employers can have mandatory direct deposits but can’t require employees to use a specific bank. Employees can also ask to be paid by payroll debit card. 

Paystub Requirements

Each payday, employers must give employees a statement of itemized deductions. 

Pay statements can be provided to employees in hard copy or electronically. 

Wage Deductions and Garnishments

Employers must make mandatory deductions from wages, including payroll tax withholdings. 

Other deductions are allowed if the employee and employer agree to them in writing. These deductions include:

• Paying back a loan or a payroll overpayment.
• Buying items from the employer.
• Cost of uniforms.
• Insurance premiums.
• Contributions to retirement or investment plans.
• Covering the cost of lost or damaged items, inventory shortages, or missing cash if the employee was the only one responsible for the loss or damage.

Under state law, judgment creditor garnishments are limited to whichever of the following is less:

• 25% of the employee’s weekly disposable earnings.
• The amount by which their weekly disposable earnings exceed 30 times the federal minimum wage.

Disposable earnings are the earnings left after legally required deductions (like taxes) have been made.

If the employee has dependents, they may be able to protect more of their earnings based on undue hardship. 

Federal law limits other types of garnishments:

• Child support. Capped at 50% of an employee’s disposable earnings (60% if the employee has no dependents).
• Federal student loans. Capped at 15% of the employee’s pay. 
• Federal taxes. The Internal Revenue Service (IRS) uses a specific calculation to determine how much of an employee’s earnings are exempt. 

Final Paycheck Laws

When an employee leaves, they must be given their final paycheck by their next regular payday, whether they quit or were terminated. 

Employers who don’t do this become liable for liquidated damages. Damages are calculated at 2% of the unpaid wages for each day they fail to pay or the total of the unpaid wages—whichever is less.

Workers’ Compensation

Workers’ compensation insurance in Oklahoma covers employees in the event of a work-related injury, illness, or death. Depending on the circumstances, it can provide benefits to cover medical costs, replace wages (including as a result of temporary partial and total disability and permanent disability), the cost of vocational training, and death benefits for the workers’ families. 

Most Oklahoma employers require workers’ compensation insurance, which covers the majority of employees with some narrow exceptions. Many obtain insurance through a private insurer, although other ways exist, such as becoming self-insured. 

Employees must report their work-related injury or illness to their employer immediately (within 30 days).  

Employers must provide employees with any immediate medical attention needed. They must also file a First Notice of Injury with the Workers’ Compensation Commission (WCC) within 10 days of becoming aware of an illness or injury resulting in more than 3 days off work. 

If a workers’ compensation dispute arises, the parties can seek a hearing before the WCC. An Administrative Law Judge (ALJ) first tries to resolve the matter. Alternatively, it proceeds to a formal hearing. 

Appeals of an ALJ’s decision must be made to the WCC within 10 days of the order. Further appeals go to the Supreme  Court. 

Unemployment Insurance

Individuals who lose their jobs may be able to access unemployment insurance (UI) benefits while looking for work. 

Employers must report employees’ wages each quarter and pay taxes to the Oklahoma Employment Security Commission, contributing to a fund for UI benefits. 

Eligibility criteria for UI benefits include that the individual must:

• Have lost their job through no fault of their own.
• Be able and available to look for and start work.
• Have earned at least $1,500 during their base period (the first 4 of the last 5 completed calendar quarters).
• Meet the 1 and 1/2 rule—their total earnings during the base period must be at least 1.5 times what they made in their highest-earning quarter of that period.

To file for UI benefits, individuals must create an account with the Oklahoma Employment Security Commission and provide any required information and documentation. They must also register for work via EmployOklahoma. 

Individuals generally receive up to 16 weeks of benefits. The current maximum weekly benefit amount is $541.

Employers and individuals can appeal UI benefits decisions. To do this, they must file their appeal within 10 days of receiving the notice of determination. If either party wishes to appeal the hearing officer’s decision, they can appeal to the Board of Review. They also have 10 days after the mailing date of the Appeal Tribunal decision to do so. 

Workplace Rights and Protections

Discrimination and Harassment

Oklahoma’s anti-discrimination law prohibits employers from discriminating against someone based on:

• Race.
• Color.
• Religion.
• Sex.
• National origin.
• Age.
• Genetic information.
• Disability.

This prohibition applies to all employers, except domestic workers and workers employed by a parent, spouse, or child. 

Employers also can’t discriminate against someone for using tobacco products outside of work hours or make non-smoking a condition of employment. 

Employers must make reasonable accommodations for people with disabilities, unless doing so would cause their business undue hardship. 

If someone believes they’ve been a victim of employment discrimination, they can file a complaint with the Office of Civil Rights (OCR) or the federal Equal Employment Opportunity Commission (EEOC). They must do so within 180 days of the alleged discrimination (this extends to 300 days if filing a complaint with the EEOC that relates to a protected characteristic also covered by state law). 

Individuals can bring a civil action against an employer only after receiving a Notice of a Right to Sue from the OCR. 

Leave Laws

❌ Family and Medical Leave	Oklahoma doesn’t have a state family and medical leave act.  Employees may be eligible for unpaid leave under the federal Family and Medical Leave Act (FMLA).  To be eligible for this leave, employees must: • Work for an employer with 50 or more employees within 75 miles. • Have worked for the employer for at least 12 months and 1,250 hours in the last year. The FMLA offers up to 12 weeks of unpaid leave for: • Employees’ own serious health conditions. • Employees to care for family members with a serious health condition. • The birth or placement of a child. • Situations arising from a family member’s active duty. FMLA leave is also job-protected.
❌ Paid Sick Leave	Oklahoma currently has no paid sick leave laws. It’s up to employers whether they offer it. Eligible employees may be able to access unpaid FMLA for this purpose.
❌ Paid Family Leave	Paid family leave isn’t mandatory. Qualified employees may be able to access unpaid FMLA for this purpose.
❌ Pregnancy and Parental Leave	Oklahoma doesn’t require private employers to provide pregnancy or parental leave. However, under the state’s anti-discrimination laws, employees with a pregnancy-related disability must be treated the same as employees with other disabilities. Eligible employees may be able to access unpaid FMLA for this purpose.
❌ Vacation and Personal Leave	Vacation and personal leave aren’t mandatory for private employers in Oklahoma. Where employers offer it, they should comply with the terms of their policies or employment contracts.

Other Mandatory Leave

Military Leave	No state laws require private employers to provide employees with military leave.  However, the federal Uniform Services Employment and Reemployment Rights Act (USERRA) applies. Under USERRA, employees who are members of the uniformed services (including the Army, Reserves, and National Guard) have the right to take job-protected leave to attend military service or training.  This leave is initially for up to 5 years, but can be extended in certain circumstances.
Jury Duty Leave	Employees are entitled to unpaid leave to attend jury duty if they give their employer reasonable notice. Employers can’t ask employees to use other accrued leave to respond to a jury summons.  If 2 employees who work for an employer with 5 or fewer employees are summoned simultaneously, the court will postpone one employee’s service.
Voting Leave	Employees can access voting leave if they don’t have 3 consecutive hours before or after their shift to vote.  These employees are entitled to 2 hours’ leave to vote. Workers who require more time due to travel to the voting location must be given the time they need.  Employees must give employers at least 3 days’ notice of their intention to take this leave. Employers can choose the hours employees take leave.  Employees who provide proof of voting can’t be subject to loss of compensation for taking leave.

Child Labor Laws

The minimum employment age in Oklahoma is 14. There are limited exceptions to this, including farm workers or those working for their parents. 

Before they can work, 14 and 15-year-olds must each obtain a work permit from the Oklahoma State Department of Education via their school. Employers must keep a record of these employees’ work permits. 

14 and 15-year-olds are also entitled to breaks:

• 1 hour for every 8 hours worked.
• 30 minutes for every 5 hours worked.

Here are the restrictions on the hours and types of jobs minor employees in Oklahoma can work:

	14 and 15-year-olds	16 and 17-year-olds
Limits on hours	Can’t work: • More than 3 hours/school day (outside of school hours) • More than 18 hours/school week • More than 8 hours/non-school day • More than 40 hours/non-school week • Before 7am or after 7pm (this extends to 9pm between June 1 and Labor Day)	No restrictions
Limits on types of work	Under state law, these minors can’t work in various occupations, including: • Manufacturing • Mining • Operating power-driven machinery (outside of office machines) • Driving a motor vehicle Further FLSA restrictions also apply.	No restrictions under state law; however, FLSA restrictions apply.

Penalties for violating Oklahoma’s child labor laws include a maximum $500 fine or 10–30 days’ imprisonment. 

Workplace Safety and Health

Workplace health and safety for private employees in Oklahoma is covered by the federal Occupational Safety and Health Act, overseen by the Occupational Safety and Health Administration (OSHA). 

The Oklahoma Department of Labor’s Safety and Health Division has several resources to support workplace safety and health, including workplace consultations and training. The Division also includes the Safety Standards Division, which enforces industry-specific safety regulations, and the Licensing Division. 

Employer obligations under OSHA include:

• Providing a workplace that’s safe and free from recognized hazards.
• Complying with OSHA standards relevant to their industry.
• Displaying the OSHA poster that outlines rights and responsibilities.
• Providing safety training in languages workers understand.
• Keeping records of work-related injuries and illnesses (only applies to employers with more than 10 employees).
• Not retaliating against workers for reporting hazards or violations.

Employers must also report any workplace fatalities to OSHA within 8 hours and any injuries resulting in the loss of an eye, amputation, or inpatient hospitalization within 24 hours. 

OSHA gives employees the right to a safe work environment. They also have the right to access employer safety records, report a safety issue without fear of retaliation, and file formal complaints with OSHA. 

Labor Union Regulations

Oklahoma has been a right-to-work state since 2001. As a result, employers can’t force workers to join a union as a condition of employment, nor can they force them to pay union fees. 

Private employees in Oklahoma are usually covered by the federal National Labor Relations Act (NLRA). This gives them the right to:

• Form, join, support, or not join a union.
• Collectively bargain with employers regarding employment conditions.
• Speak to coworkers about wages and other conditions.
• Engage in strikes and protests (subject to limitations).
• Be protected from retaliation for exercising these rights.

Employment Contracts and Severance

Employment Contract Laws

Employment is presumed to be at-will in Oklahoma. This means that, in the absence of an employment agreement saying otherwise, employers and employees can end the employment relationship at any time, for any legal reason or no reason at all. 

Non-competes are generally unenforceable in Oklahoma, except those relating to the sale of goodwill of a business or the dissolution of a partnership.

In employment contracts, employers can restrict a former employee from:

• Directly soliciting goods or services from the employer’s established customers.
• Directly or indirectly soliciting the employer’s current employees and independent contractors.

Severance Pay

There’s no requirement for severance pay in Oklahoma. Where employers provide it, they should follow the relevant terms of their policies or employment contracts. 

Additional State-Specific Employment Laws

Workplace drug and alcohol testing	Employers can test applicants and employees for drug and alcohol use in certain circumstances, but must test in accordance with state standards. Medical marijuana is legal in Oklahoma. It’s illegal for an employer to penalize a job applicant or employee purely because they hold a medical marijuana license or have tested positive for marijuana.  There are exceptions to this, including where the employee doesn’t have a valid medical marijuana license, they use or are under the influence of marijuana at work, or the duties of their role are safety-sensitive.
Smoke-free workplaces	Smoking—including cigarettes, marijuana, and marijuana vapes—is prohibited in indoor workplaces. Employers can also ban smoking near the entrance of a workplace.
Mini-COBRA	The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows individuals to temporarily continue their health insurance coverage under certain conditions, such as job loss. However, COBRA coverage is available only through employers with 20 or more employees. Oklahoma’s mini-COBRA law extends this to allow for the continuation of health insurance coverage for employees not covered by federal COBRA for at least 63 days.
Social media privacy	Oklahoma employers can’t require employees or job applicants to: • Share usernames, passwords, or other login info for their personal social media accounts. • Access their private social media accounts in front of the employer, unless it’s part of an investigation allowed by law. Employers are prohibited from retaliating against individuals who don’t provide these details, including refusing to hire applicants.

Legal Resources for Employers and Employees

The Oklahoma Department of Labor and its Employment Standards Division provides information and resources for employers and employees about relevant employment laws. 

These resources may help employees looking for information regarding their workplace rights:

• Oklahoma Bar Association’s Employee Rights brochure.
• Legal Aid Services of Oklahoma’s OKLaw .
• The American Bar Association’s Oklahoma Free Legal Answers.

Disclaimer

The information presented on this website about labor laws in Oklahoma is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.