Oklahoma Labor Laws & Overtime

Oklahoma's labor laws include a reference to a federal law requiring overtime pay for employees who exceed a certain number of hours on the job per week. The federal law that applies in Oklahoma ensures workers receive extra compensation when they work more hours than is standard. Employers may schedule employees for a higher number of hours per week only if they are willing to pay the premium wage rate.

Facts

• Oklahoma follows a federal law that requires overtime pay whenever employees work more than 40 hours in a week. Employees must receive 1 1/2 times their usual wage for any hours they work beyond 40. An employee who makes $10 an hour and works 45 hours one week would earn $15 for each of the five overtime hours. The lack of a specific state overtime law is irrelevant because federal standards still apply.

Exceptions

• The federal law, and hence Oklahoma law, does not require overtime pay in certain instances. The federal Fair Labor Standards Act does not apply to businesses with less than $500,000 in annual revenues or that have no transactions involving interstate commerce. Also, some categories of workers are exempt from the law, meaning they do not have a legal right to overtime pay. Examples include executive, administrative and professional employees; farm workers; employees of some seasonal recreational establishments; and railroad employees, air carrier employees and taxi drivers who receive compensation based on approved trip rates.

Misconceptions

• No federal law or Oklahoma state law limits the amount of hours an employee may have to work. Employers may schedule employees to work any number of hours as long as they pay for all hours worked, including overtime pay when applicable. Merely working weekends or holidays does not entitle an employee to extra pay, unless those hours push the employee past 40 for the week.

Significance

• Overtime is one area in which Oklahoma labor laws, through the federal overtime law, establish specific rights for employees. The other such area is minimum wage, which as of 2010 mandated an hourly wage of at least $7.25 for employees. In other aspects of the employer-employee relationship, Oklahoma allows employers to set policies of their choosing. Meal breaks, vacation pay and time off for holidays are examples of issues that state labor laws do not address. The state does require employers to follow policies they have established and apply them without discrimination.

Enforcement

• If you have worked overtime in Oklahoma without receiving appropriate compensation from your employer, contact a labor compliance officer in the wage and hour division of the Oklahoma Department of Labor at 888-269-5353 or 405-521-6100 for the Oklahoma City office, or 918-581-2400 for the Tulsa office. You also may go to the Department of Labor's website (see Resources) to download a wage claim form. The department will review your claim and, if it agrees with you, will pursue the wages on your behalf.