FAQs - Wage and Hour

Employers must set regular pay dates within eleven (11) days of the end of the pay period. Employers have an additional three (3) days after a regularly scheduled pay date to issue payment. If you have earned wages that have not been paid on the regularly scheduled date and the additional three (3) days has passed, you can download and submit a Wage Claim form from www.labor.ok.gov. You can also contact a labor compliance officer at the Oklahoma Department of Labor’s Wage and Hour Unit at (405) 521-6100 or (888) 269-5353.

Neither federal nor state law requires employers to provide breaks to employees that are 16 or older. Oklahoma Child Labor Laws require mandatory break and lunch periods for 14 and 15-year-old workers. Otherwise, breaks and lunch periods are considered benefits and remain at the discretion of the employer.

The federal and state minimum wage of $7.25 per hour has been in effect since July 24, 2000.

No. Unless otherwise covered by federal wage and hour laws, an Oklahoma employer must comply with state minimum wage laws if the company has at least 10 full-time employees or equivalent and/or grosses more than $100,000.00 annually.

Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month. State, county, municipal and exempt employees shall be paid a minimum of once each calendar month.

Oklahoma has no mandatory benefits law. However, if the employer has an established policy providing for benefits, the employee may or may not be eligible depending upon the employer’s eligibility criteria. Read your employee handbook for specific policies at your workplace.

If the company is required to comply with Federal wage and hour laws, time and one half should be paid to non-exempt employees for all hours worked over 40 in the work week. For additional information, contact the U.S. Department of Labor at (405) 231-4158 or (918) 581-6303.

Yes. Employers have the right to schedule the minimum and maximum number of hours that employees may or may not work. Employers can change employees’ hours without notice and may require employees to work overtime. For additional information, contact the U.S. Department of Labor at (405) 231-4158 or (918) 581-6303.

Yes. These may be in either a paper or electronic format.

Yes. An employer may require an employee accept the payment of wages by direct deposit. However, the employer cannot require that a particular bank be used unless the employer also provides an option of payment in cash or check. An employer can also provide payment of wages by payroll debit cards, but this form of payment must be voluntary.

Oklahoma has no mandatory severance pay law. However, as with any benefit, severance may be payable in accordance with the employer’s established policy. Read your employee handbook for specific policies at your workplace.

No. An employer may wait until the next regularly designated payday regardless of whether you quit or were fired.

Deductions may be legal, depending on the circumstances. Some legal deductions are made pursuant to express statutory authority, such as state and federal tax withholding and FICA. An employer is also required to withhold wages pursuant to a court order. An employer and employee can also agree to certain deductions so long as the agreement is in writing and signed by both parties. These deductions may include: -Repay a loan or advance to recover a payroll overpayment, -for the cost of merchandise purchased by the employee, -uniforms, -insurance premiums, -retirement or other investment plans, -for breakage or loss of merchandise, inventory shortage, or cash shortage so long as the employee was the sole party responsible for the cash shortage or item damaged or lost. If you are concerned that your employer may be taking illegal deductions, you should contact the Oklahoma Department of Labor's Wage and Hour Unit for more information.

Probably not. Employers are only required to pay non-exempt employees for actual times worked. However, exempt employees must typically be paid their full salary irrespective of the time actually worked. For more information on exempt employee contact your nearest U.S. Department of Labor office.

Harassment and/or discrimination based upon constitutional protections (gender, race, creed, religion, color, national origin, age physical or mental disability, marital status etc.) may be addressed by contacting the federal Equal Employment Opportunity Commission at www.eeoc.gov or the Oklahoma Office of Civil Rights Enforcement at www.oag.ok.gov.

The Oklahoma Supreme Court ruled the state prevailing wage unconstitutional. For information about the federal prevailing wage, contact the U.S. Department of Labor at www.dol.gov.

No.

If the employee is a non-exempt worker wages do not have to be paid. If the employee is an exempt worker, the Fair Labor Standards Act (FLSA) states that the employer is to pay wages for the period of time the worker is absent from work due to jury duty. However, the employer can offset an amount received by the employee as jury fees for a particular week against the salary due for that week.