Oklahoma Labor Law

1. Introduction

Oklahoma, located in the South Central region of the United States, has a dynamic economy with sectors ranging from energy and aviation to telecommunications and biotechnology. As in any state, the workforce is regulated by both federal and state laws, which ensure fair labor practices and create standards for employment conditions. These laws impact many aspects of workers' lives, including wages, hour regulations, leave policies, and workplace safety.

Understanding the specifics of Oklahoma's employment laws is vital for both employers and employees to maintain compliance and protect their rights. This comprehensive overview aims to shed light on the most significant statutes in Oklahoma state law, providing clarity on matters such as minimum wage, overtime pay, various forms of leave, breaks, termination protocols, unemployment benefits, and guidelines for maintaining a safe working environment. By delving into these topics, we can better understand how Oklahoma state law seeks to balance the interests of business with those of its workforce.

While federal laws set the baseline across the United States, state-specific legislation can complement or expand upon these minimum standards. Therefore, it is important to consider both levels of law when discussing employment regulations within Oklahoma. The subsequent sections of this article will explore in detail the current state laws that govern employment in Oklahoma, helping to navigate the intricacies of labor law in the Sooner State.

2. Minimum Wage laws

Like many states, Oklahoma's minimum wage law follows the federal Fair Labor Standards Act (FLSA). As of 2024, the minimum wage in Oklahoma is $7.25 per hour, the same as the federal minimum wage.

The minimum wage law applies to businesses with annual gross sales over $100,000 and/or businesses involved in interstate commerce. However, even if a business falls below this threshold, individual employees who engage in interstate commerce are still covered by the minimum wage law.

Additionally, Oklahoma state law has specific guidelines for tipped employees, such as waitstaff. According to the rules, employers are allowed to pay a lower cash wage to their tipped employees, as long as that wage plus the tips received equals at least the state minimum wage of $7.25 per hour. The mandatory minimum cash wage that an employer must pay a tipped employee is $2.13 per hour, in alignment with federal law.

It’s important to note that there are exceptions to the minimum wage law. These exceptions may apply to certain types of workers such as students, apprentices, learners, and individuals with disabilities. Employers should consult with the Department of Labor, Wage and Hour Division or a qualified labor law attorney to ensure they are in compliance with all wage regulations.

Overall, Oklahoma's minimum wage law aims to strike a balance between the needs of businesses and the cost of living for employees. This law changes periodically, so both employers and employees need to stay updated on any alterations that might affect their earnings or operating costs.

3. Overtime Regulations

Oklahoma's laws regarding overtime align with those under the federal Fair Labor Standards Act (FLSA). This means that all non-exempt employees – those who aren't salaried and are typically paid hourly – should be paid overtime whenever they work more than 40 hours during a single workweek.

The workweek is defined as a consistent 7-day period, and it does not need to coincide with the calendar week. It can begin on any day of the week and at any hour of the day, according to the discretion of the employer. However, once established, the workweek remains fixed and can only be changed if the intent is permanent and is not designed to evade the overtime requirements.

The rate for overtime pay is one and a half times the regular rate of pay. For example, an employee earning $10 per hour would be entitled to an overtime rate of $15 per hour.

There are some exceptions to the rules regarding overtime. Certain jobs, such as those related to agriculture, taxi driving, and live-in domestic help, may be exempt from overtime laws. Additionally, executive, administrative, and professional employees, computer professionals, and outside sales employees may also be exempted from overtime entitlement as long as they meet certain tests regarding job duties and are paid on a salary basis at not less than $684 per week. Employers should consult the FLSA or a labor law professional to determine which jobs are exempt from overtime requirements.

It’s worth noting that in Oklahoma, there is no requirement for double time pay, i.e., payment at twice the regular hourly rate, regardless of how many hours an employee works beyond the standard 40-hour workweek. This is a common misconception and is not required by federal or Oklahoma state law.

Overall, the purpose of overtime regulations is to incentivize employers to hire more workers rather than overly taxing their existing workforce. They also ensure that employees are compensated fairly for the additional time dedicated to their work.

4. Vacation Leave

In Oklahoma, there is no state law that mandates employers to provide vacation benefits, either paid or unpaid, to their employees. Much like many other U.S. states, it is left to the discretion of individual employers to offer vacation leave as part of their employees' overall compensation and benefits package.

If an employer chooses to provide such benefits, they have considerable freedom in determining the terms and conditions. They can set policies regarding vacation accrual, carryover allowances from one year to the next, as well as the potential forfeiture of accrued but unused vacation time. It's important for both employers and employees to understand that these parameters should be clearly defined in the company's policy or an employment contract.

Despite the absence of mandatory vacation leave laws, if an employer establishes a vacation policy, they are obligated to comply with its terms. If an employer promises to provide vacation, then they must do so. Failure to adhere to their own vacation policy can potentially result in legal repercussions under contract law principles.

Oklahoma law also lacks specifics when it comes to payout of accrued vacation time upon termination of employment. Whether an employee is entitled to receive payment for unused vacation time depends on the employer’s established policy or employment contract. In case the employer’s policy does not specifically address this situation, the general rule is that accrued vacation must be paid out upon termination as it is considered a form of earned wages.

In conclusion, while there is no legal obligation for employers in Oklahoma to provide vacation leave, many businesses opt to do so in order to maintain competitive benefits packages and attract quality employees. Both employers and employees should make certain they fully understand the terms of any vacation policy in place.

5. Sick Leave

Similar to vacation leave, sick leave policies in Oklahoma are not governed by a specific state-wide law requiring employers to provide paid or unpaid time off due to illness or health-related issues. The provision of sick leave is largely up to the discretion of individual employers.

Despite there being no state mandate, many employers elect to provide sick leave as a part of their comprehensive benefits package. These plans can be tailored to the employer's preferences and may include provisions such as the rate at which sick leave accrues, limitations on use, carryover and expiration policies, notification requirements for taking leave, and any rules regarding the documentation of illness.

However, even though there are no state-specific laws concerning sick leave in Oklahoma, employers still need to ensure they are compliant with relevant federal laws including the Family and Medical Leave Act (FMLA). The FMLA applies to employers with 50 or more employees and allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family and medical reasons, including the employee's own serious health condition.

In terms of using accrued sick leave during this period, the rules again default to the employer’s policy. Employers can require the employee to use accrued sick leave during the FMLA leave, or alternatively, the employee can choose to do so. However, using accrued sick leave will not extend the total duration of the FMLA leave.

When it comes to termination or resignation, Oklahoma law does not require employers to pay out unused sick leave unless such provisions are outlined in an employment contract or company policy. Therefore, both employers and employees should fully understand the terms of the policy in place to avoid any confusion or potential disputes.

To sum up, while Oklahoma law doesn't mandate employers to provide sick leave, many do so voluntarily as part of their benefits package, and they must follow federal guidelines in relation to FMLA. At the same time, employees should be well-informed about these policies to ensure they can effectively utilise their benefits.

6. Holiday Leave

Similar to the aforementioned leave policies, Oklahoma law does not require private employers to provide their employees with either paid or unpaid holiday leave. This is a decision that is left up to the employer’s discretion and typically outlined in an employment contract or company policy.

It is quite common for employers in Oklahoma to offer paid holidays as a part of their comprehensive benefits package, usually including major nationally recognized holidays such as New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Some employers may also offer additional paid holidays at their discretion.

If an employer chooses to provide holiday leave, they also have the discretion to set policies related to working on holidays and holiday pay rates. For instance, an employer may decide to pay employees time-and-a-half for working on a recognized holiday. However, it is important to note that neither federal nor state law in Oklahoma requires employers to pay employees any extra pay if they work on holidays unless it amounts to overtime under standard FLSA guidelines.

Employers also have the discretion to decide whether to count holidays as time worked when calculating overtime. For example, an employer's policy may state that paid holiday leave will not be considered as hours worked for the purposes of determining overtime. Again, there is no Oklahoma state law mandating otherwise.

When it comes to public employers, State of Oklahoma employees receive several paid holidays each year as specified by law. All offices of state government are closed on these days, with some essential service exceptions.

In conclusion, while there is no Oklahoma state law requiring private employers to provide holiday leave, many employers still choose to offer this benefit as part of their employee compensation packages. However, the specifics of these holiday policies can vary widely between different employers, so it’s essential for employees to understand their own company's policy.

7. Breaks

When it comes to break periods during work hours, Oklahoma's state laws align with federal standards as outlined in the Fair Labor Standards Act (FLSA). The FLSA does not require employers to provide breaks or meal periods to employees. However, if an employer chooses to do so, certain stipulations apply.

According to the FLSA, breaks that are 5 to 20 minutes long are considered part of the workday, for which employees must be paid. Therefore, if an employer in Oklahoma offers short breaks, they cannot be deducted from the employee's total hours worked per pay period.

On the other hand, meal periods typically lasting at least 30 minutes are not considered part of the workday, and employers are not required to pay employees for this time. However, during these periods, the employee must be completely relieved from duty. If the employee is required to perform any duties (even minimal duties such as answering a phone), then the time must be compensated.

While there are no state-specific laws regarding breaks in Oklahoma, in practice, many employers do provide breaks and meal periods to their employees. These policies can vary widely among employers based on factors such as the nature of work, company size, and industry. Employers may implement policies regarding break times as long as they comply with the federal FLSA requirements.

In terms of restroom breaks, the Occupational Safety and Health Administration asserts that employees should not suffer unnecessary restrictions on using toilet facilities, as delaying restroom use can lead to health problems. While there is no set amount of breaks employers must provide, they should implement reasonable bathroom break policies.

There are some exceptions and additional protections for certain groups of workers. For instance, nursing mothers may have rights under the federal "Break time for Nursing Mothers" law. According to this federal law, covered employers must provide reasonable break times and a private location, not a bathroom, for an employee to express breast milk for her nursing child for one year after the child's birth.

To sum up, while Oklahoma does not have specific state laws mandating breaks or meal periods, it follows federal guidelines under the FLSA. Employers should always comply with these regulations in their workplace policies. Both employers and employees should be familiar with these rules to ensure fair employment practices.

8. Employment Termination Laws

Oklahoma is a so-called "employment-at-will" state, meaning employers can terminate an employee at any time for any reason, or for no reason at all, except an illegal one. Similarly, employees are also free to leave their jobs at any time without consequence, although providing notice is typically viewed as professional conduct.

Despite this general rule, there are several significant exceptions that protect employees from wrongful termination. These exceptions include:

• Federal Anti-Discrimination law: Employers cannot terminate employees based on protected characteristics such as race, color, national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, citizenship status or genetic information.
• Federal and State Retaliation laws: It is unlawful for employers to retaliate against an employee who has complained about discrimination or harassment, participated in a complaint procedure, or complained about wage and hour violations.
• Public Policy Exceptions: Employers are not allowed to terminate employees for reasons that violate public policy. For example, an employer cannot terminate an employee for filing a workers' compensation claim, refusing to participate in illegal activities, performing a civic duty such as jury service, or exercising rights under the Occupational Safety and Health Act.
• Whistleblower protections: Whistleblowers are employees who report illegal activities of their employers. Under both federal law and Oklahoma law, whistleblower protections exist to protect these employees from retaliation, which can often take the form of wrongful termination.

Aside from these protections, Oklahoma law does not require employers to provide notice of termination in most cases or severance pay, unless it is stipulated in an employment contract or company policy. So while an employer is not generally required to provide a reason for termination, doing so can provide clarity and help avoid potential misunderstandings that could lead to legal action.

In the case of mass layoffs or company closures, the federal Worker Adjustment and Retraining Notification (WARN) Act may apply. The WARN Act requires employers with 100 or more full-time employees to provide a 60-day notice in advance of plant closings or mass layoffs. Oklahoma does not have a state law equivalent to the WARN Act, so only the federal provisions would apply.

Finally, when the employment relationship ends, Oklahoma employers are required by law (Okla. Stat. tit. 40, § 165.3A) to pay final wages by the next regular payday, regardless of whether the employee quit or was fired. If requested by the worker, these final wages must be paid by certified mail.

In summary, while Oklahoma is an employment-at-will state, several protections exist at both the federal and state level to ensure employees are not wrongfully terminated. Understanding these laws is vital for both employers to ensure they remain compliant and for employees to protect their rights in the workplace.

9. Unemployment Rights

In the state of Oklahoma, unemployment insurance provides temporary income for eligible workers who become unemployed through no fault of their own and are actively seeking work. The Oklahoma Employment Security Commission (OESC) is responsible for administering unemployment insurance benefits in the state.

To be eligible for unemployment benefits, a person must:

• Have received wages in at least two of their base period quarters.
• Have total base period wages that are at least 1.5 times the wages in the highest quarter of their base period.
• Be able to work, available for work, and actively seeking work each week benefits are claimed.

Oklahoma unemployment benefits typically replace about half of a worker's former wages, up to a maximum benefit amount. As of 2021, the maximum weekly benefit amount in Oklahoma is $539.

Unemployed individuals in Oklahoma can generally collect benefits for up to 26 weeks. Extended benefits may be available during times of high unemployment.

It's important to note that quitting your job without good cause or being dismissed due to misconduct can make you ineligible for unemployment benefits. Also, applicants may be disqualified if they refuse suitable work without a good reason.

A claim for unemployment benefits begins the week it is filed. Therefore, unemployed workers should file a claim as soon as possible after becoming unemployed. Claims can be filed online through the Oklahoma Employment Security Commission website.

Once a claim is filed, it usually takes about two to three weeks to receive the first benefit payment. However, it can take longer if there is an issue with the claim that needs to be resolved.

10. Workplace Safety

Workplace safety is a significant aspect of employment rights, ensuring that all employees have a safe and secure environment to conduct their work. In the state of Oklahoma, workplace safety laws are in place to protect employees from hazardous conditions that could potentially harm their health or wellbeing. These laws are regulated by both the federal Occupational Safety and Health Administration (OSHA) and the Oklahoma Department of Labor.

The Oklahoma Occupational Health and Safety Surveillance Program, under the Oklahoma State Department of Health, collects data on occupational injuries and illnesses. The main goal of this program is to provide scientifically valid information on the magnitude, frequency, severity, and causes of workplace injuries, illnesses, and deaths.

Oklahoma law requires employers to follow health and safety standards and regulations set by OSHA. Employers are required to keep their workplaces free from recognized hazards likely to cause death or serious physical harm to employees. Moreover, employers in Oklahoma also have certain responsibilities under these laws, which include:

• Maintaining conditions or adopting practices reasonably necessary and appropriate to protect workers on the job.
• Being familiar with and complying with standards applicable to their establishments.
• Ensuring employees have and use safe tools and equipment, including all necessary personal protective equipment.
• Posting OSHA citations and injury and illness summaries where workers can see them.

Employees, too, have rights under Oklahoma's OSH Act. They may request that OSHA inspects their workplace if they believe there is a serious hazard or that their employer is not following OSHA standards. During such inspections, an employee can speak privately with the OSHA inspector. Moreover, employees also have legal protection against retaliation or discrimination by their employer for their safety concerns or involvement in any OSHA-related activities.

It's worth noting that in Oklahoma, workers' compensation law is a significant part of workplace safety. In the event of a work-related accident or illness, these laws provide benefits to help replace lost wages and cover medical expenses. There are also benefits for permanent disability and death.

In conclusion, whether it's about safer tools and equipment or the right to voice concerns about working conditions, workplace safety laws play an essential role in protecting the rights and wellbeing of employees in Oklahoma.