Oklahoma Labor Law Guide 2026: Wages, Overtime, Breaks, and Final Pay
Oklahoma labor laws for employers in 2026: the $7.25 state minimum wage and its coverage tiers, federal overtime, no adult break law, pay at least twice a month, final pay by the next regular payday, and child labor limits for 14 and 15 year olds.
Oklahoma's employers span energy, aerospace around Tulsa and Oklahoma City, agriculture, and a sizable customer service and back-office sector drawn by low costs. The Oklahoma Department of Labor's Wage and Hour Unit enforces the state Minimum Wage Act, the Protection of Labor Act on wage payment, and the Child Labor Act. The state adopts the federal minimum wage and overtime standards but adds its own rules on pay frequency, final pay, deductions, and minors.
- Oklahoma's minimum wage is $7.25, matching the federal rate, and it applies to employers with 10 or more full-time employees or more than $100,000 in annual sales; smaller employers not covered by the FLSA fall under a $2.00 state rate
- Voters rejected State Question 832, which would have raised the rate to $15, in June 2026, so no increase is scheduled
- Overtime follows the federal 40-hour rule; the state has no overtime law of its own
- Employees must be paid at least twice a month, and final wages are due by the next regular payday whether the employee quit or was fired
- 14 and 15 year olds are limited to 3 hours on a school day and must get a 30-minute break every 5 hours or 1 hour every 8
Minimum Wage in Oklahoma
The Oklahoma Minimum Wage Act sets the state rate at $7.25 per hour and ties it to the federal minimum. The Department of Labor explains the coverage line: "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." Employers below both thresholds and outside FLSA coverage fall under a $2.00 per hour state rate that dates from 1960s legislation, though in practice almost all employers are covered by the FLSA's $7.25.
Tipped employees can be paid a $2.13 cash wage with a $5.12 tip credit. Oklahoma preempts cities and counties from setting a local minimum wage. Voters rejected State Question 832, a proposal to raise the rate to $15.00 by 2029, on June 16, 2026. The Oklahoma minimum wage guide covers the ballot measure, the coverage tiers, and the tipped rules.
Overtime Rules
Oklahoma has no state overtime statute. The Department's FAQ directs employers to the federal rule: time and a half for hours over 40 in a workweek for non-exempt employees, with questions referred to the US Department of Labor. There is no daily overtime and no state salary threshold beyond the federal $684 per week.
Worked example at the state minimum: an employee at $7.25 who works 45 hours earns $290.00 for 40 hours plus $54.38 for 5 overtime hours at $10.875, or $344.38 gross. The overtime calculator covers other rates, and our overtime pay laws in the US guide explains the regular-rate calculation with shift differentials.
Meal and Rest Breaks
Oklahoma does not require breaks for adults. The Department states: "Neither federal nor state law requires employers to provide breaks to employees that are 16 or older." The Child Labor Act does require breaks for younger workers.
| Break type | Requirement | Applies to |
|---|---|---|
| Meal break | Not required by state law | Employees 16 and older |
| Rest break | Not required by state law | Employees 16 and older |
| Minor's break | 30 minutes for every 5 hours worked, or 1 hour for every 8 hours worked | Employees 14 and 15 |
| Paid vs unpaid | Short breaks paid under federal rules; 30-minute duty-free meal periods may be unpaid | All employees |
The rest and meal break laws by state guide compares Oklahoma with neighboring states, and the break time calculator sets break schedules for any shift length.
Paid Sick Leave and Other Leave
Oklahoma has no paid sick leave law and preempts local mandates. Leave rights come from federal law plus a few state statutes.
| Leave type | Oklahoma rule |
|---|---|
| Paid sick leave | Not required |
| Family and medical leave | Federal FMLA only |
| Jury duty | Employers may not discharge an employee for jury service; leave is unpaid unless policy provides pay |
| Voting | Up to 2 hours of paid leave to vote on election day or during early voting if the employee's shift does not allow 3 hours outside work while polls are open, with notice the day before |
| Military | Federal USERRA plus state protection for National Guard members |
| Volunteer firefighters | Protected leave to respond to emergencies |
Oklahoma's paid voting leave is more generous than most states. See paid sick leave laws in the US and jury duty laws in the US for the broader comparison.
PTO Payout and Final Paychecks
Oklahoma's Protection of Labor Act sets pay frequency and final pay rules. The Department's FAQ states: "Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month." On separation, "An employer may wait until the next regularly designated payday regardless of whether you quit or were fired." The employee can request payment by mail.
Vacation and PTO payout depends on the employer's policy. The FAQ notes that "Oklahoma has no mandatory severance pay law" and that vacation is a matter of employer discretion, although Oklahoma courts have treated earned vacation as wages when the employer's policy promises it. A written policy that spells out forfeiture at separation is the safest approach. See PTO payout laws by state.
Deductions from pay require written authorization from the employee for anything beyond taxes and court orders. The Department lists loans, uniforms, and merchandise losses as permissible only "provided written employee agreement exists."
Exempt vs Non-Exempt Employees
Oklahoma applies the federal exemption tests. Exempt status requires a salary of at least $684 per week and primarily exempt executive, administrative, professional, computer, or outside sales duties. Note that the Protection of Labor Act's twice-a-month pay rule excludes exempt employees, so classification affects pay frequency as well as overtime. Our exempt vs non-exempt employees guide and the FLSA exemption flowchart cover the tests.
Child Labor Rules
The Oklahoma Child Labor Act regulates workers under 16 most closely. A work permit issued by the school is required for 14 and 15 year olds before employment begins, and employers must keep it on file.
| Age group | School in session | School not in session | Hours of day | Other rules |
|---|---|---|---|---|
| 14 and 15 | 3 hours a day, 18 hours a week | 8 hours a day, 40 hours a week | 7 AM to 7 PM; 7 AM to 9 PM when school is out | 30-minute break per 5 hours or 1 hour per 8 hours; work permit required |
| 16 and 17 | No state daily or weekly cap | No cap | No state night restriction | Barred from hazardous occupations |
| Under 14 | Not permitted except newspaper delivery, entertainment, and family businesses |
The Department's wage and hour FAQ confirms the mandatory breaks for 14 and 15 year olds. See child labor laws in the US for the federal hazardous occupation orders that also apply.
How Oklahoma Compares With Neighboring States
Oklahoma's $7.25 rate matches Texas and Kansas, but its neighbors to the north and east have moved: Arkansas is at $11.00, Missouri reached $15.00 in January 2026, Colorado is at $15.16 with a 2027 step to $15.71, and New Mexico is at $12.00. For employers with locations across the region, the practical differences are Oklahoma's twice-a-month pay rule, its next-payday final pay deadline, and its mandatory breaks for 14 and 15 year olds, none of which Texas requires. Missouri and Colorado both add paid leave or break mandates that Oklahoma does not have.
Other Oklahoma Employment Rules
- Pay frequency. At least twice a month for non-exempt employees, with paydays no more than 11 days after the end of the pay period under the Protection of Labor Act.
- Wage claims. The Department's Wage and Hour Unit accepts wage claims for unpaid wages, including final pay and unauthorized deductions, and can assess liquidated damages.
- E-Verify. Required for public employers and contractors; private employers must verify work authorization but are not required to use E-Verify.
- Drug testing. The Oklahoma Standards for Workplace Drug and Alcohol Testing Act sets procedures employers must follow, including a written policy and confirmation testing.
- Medical marijuana. Employers cannot refuse to hire or discipline a license holder solely for a positive marijuana test, except for safety-sensitive positions defined in a written policy.
- Local preemption. Cities and counties cannot mandate wages, benefits, or leave for private employers.
Hiring, Termination, and Record-Keeping
Oklahoma is an at-will state. The Oklahoma Anti-Discrimination Act covers employers of any size for most protected classes and is enforced by the Attorney General's Office of Civil Rights Enforcement, with federal law covering employers with 15 or more employees. Employers may not retaliate against employees who file wage claims.
Keep records of hours worked, wages, and deductions for at least 3 years under federal law, plus work permits and time records for minors. Post the Oklahoma minimum wage notice, the child labor poster where minors work, workers' compensation and unemployment notices, and the federal posters. A time card calculator paired with a written timekeeping policy makes the twice-monthly payroll and next-payday final pay calculations routine.
Frequently Asked Questions
Is Oklahoma an at-will state? Yes, subject to anti-discrimination and anti-retaliation protections.
Does Oklahoma require lunch breaks? Not for employees 16 and older. 14 and 15 year olds must get a 30-minute break every 5 hours or a 1-hour break every 8 hours.
When is the final paycheck due in Oklahoma? By the next regular payday, whether the employee quit or was fired.
Does Oklahoma have paid sick leave? No. There is no state mandate, and local governments cannot pass one.
How many hours can a minor work in Oklahoma? 14 and 15 year olds can work 3 hours on a school day and 18 in a school week, or 8 hours a day and 40 a week when school is out, between 7 AM and 7 PM (9 PM in summer). 16 and 17 year olds have no state hour limits.
What is the minimum wage in Oklahoma? $7.25 an hour for employers with 10 or more full-time employees or more than $100,000 in annual sales. Voters rejected a $15 increase in June 2026.
How often must Oklahoma employers pay employees? At least twice a month for non-exempt employees.
Does Oklahoma pay out unused vacation? Only if the employer's policy provides for it.
Sources
- Oklahoma Department of Labor: Wage and Hour FAQs
- Oklahoma Department of Labor: Wage and Hour Unit
- Oklahoma Department of Labor: Protect Your Pay
- US Department of Labor: State Minimum Wage Laws
- US Department of Labor: State Payday Requirements
Reviewed September 2026
Laws change through legislation and agency guidance. The voting leave, drug testing, medical marijuana, work permit, and 11-day payday rules above are stated from general knowledge of Oklahoma statutes and should be confirmed with the Oklahoma Department of Labor before you rely on them.
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