Compliance Watch:

What are my rights as an hourly employee in Oklahoma?

Oklahoma’s statutory law permits an employer from deducting or withholding a portion of an employee’s pay only if:

• They have been empowered to do so by state or federal law, or
• The employee has given voluntary prior written consent to the payroll deduction, which has been signed by both the employee and the employer, and restricted to the following types of deductions: 
  • Repayment of a loan or advance which the employer made to an employee during the course of employment or to recover a payroll overpayment;
  • To compensate their employer for covering the cost of merchandise or uniforms purchased by the employee;
  • To contribute towards insurance premiums, retirement benefits or other investment benefits;
  • To compensate their employer for the breakage or loss of merchandise, inventory shortage, or cash shortage so long as the employee was the sole party accountable for the cash shortage or item damaged or lost.

Furthermore, Oklahoma’ statutory laws require employers to provide a statement that accurately outlies the deductions in payroll for the pay period where the deductions were made.

• Minimum wage: Oklahoma’s hourly wage earners are legally entitled under federal law to earn the state’s minimum hourly wage of $7.25.
• Overtime: Hourly employees in Oklahoma acquire the legal right to earn compensation fixed at one and a half times an employee’s regular hourly wage for working overtime hours.
• Worker’s compensation insurance: Oklahoma’s Administrative Workers’ Compensation Act requires all employers to grant insurance benefits for any accidental work-related injuries sustained by the employee or for the employee’s death arising from the course of their employment. Such benefits apply regardless of fault for the injury and whether the employee’s employment contract was made or if the injury was sustained within the state of Oklahoma. Furthermore, an employee is entitled to file a claim for worker’s compensation without facing retaliation from their employer as a consequence.
• Unemployment insurance benefits: In Oklahoma, employees are entitled to have their employers pay a contribution rate for their own unemployment benefits to the Oklahoma Unemployment Insurance Trust Fund. This insurance type aims to provide a temporary supply of income to individuals who have become completely or partially unemployed.
• Short-term and long-term disability insurance benefits: An employee who has sustained a disabling injury or illness is entitled to receive disability insurance benefits, which partially offsets lost wages in which they would have otherwise earned if they were not disabled. These insurance benefits are applicable to employees who suffer either a short-term or long-term disability and are typically calculated using their base salary at the time the disability occurred.

• Whistleblowing protection laws: The Oklahoma Whistleblower Act protects employees from being retaliated against by their employers for reporting any violations of law, policy, health and safety requirements in the workplace as well as discussing operations of the agency with authorities who are in a position to initiate or take investigative actions. Furthermore, employees who whistleblow in good faith are still covered by the Act even if the alleged violations that they have raised were found to have not occurred.
• Workplace safety: Under the Oklahoma Occupational Health & Safety Standards Act of 1970, employees are protected from having any adverse employment actions taken against them by their employers for reporting work hazards to the appropriate authorities. Additionally, the health and safety of employees are protected by their employers under this Act by ensuring employees are given safety training and are in a work environment that is free from recognized hazards that are likely to cause serious harm or death to employees.
• Protection from workplace discrimination: Oklahoma’s statutory laws protect employees from facing discrimination in the workplace. An example of workplace discrimination includes having personnel actions taken against an employee by their respective employer for reasons that are associated with their protected characteristics, which comprises their; race, color, religion, sex, national origin, age, genetic information.
• Child labor protection: With regards to the laws governing child labor, Oklahoma adheres to the requirements outlined in the FLSA. The federal provisions regulate the permitted working hours of minor employees and also restricts them from working in certain occupations that would risk their health and safety. Such restricted occupations include:
  • The involvement of operating or tending of hoisting apparatus or of any power-driven machinery that are not office machines.
  • The involvement of operating motor vehicles or service as helpers on such vehicles.
  • Public messenger service.
  • Occupations that are specifically declared to be hazardous to the health and well-being of minors below the age of 16 years by federal laws and regulations or as declared by the commissioner of labor.
  • The involvement of Manufacturing, mining, or processing.

Oklahoma, like many other U.S. states, generally follows the employment-at-will doctrine, allowing both employers and employees to terminate the employment relationship at any time without notice or justification. However, like all general legal principles, there are specific circumstances that apply, which may limit an employer’s broad discretionary ability in terminating their employees. The exceptions are as follows:

• Breach of employment contract: The terms of an employment contract may specify particular reasons that would consequently result in the termination of employment, such as failing to perform in accordance with the required work standards. In such circumstances, employers must ensure they honor the relevant contractual terms to avoid facing any legal consequences. 
• Retaliation: Under federal law, employers are prohibited from retaliating against their employees by taking personnel actions against them due to their participation in necessary or legally protected activities. An example of this involves terminating an employee who objects or exposes any employment practices which are discriminatory, unlawful or harmful in nature and violate the law.
• Workplace discrimination: Oklahoma’s statutory provisions establishes that an employer is prohibited from terminating an employee in a manner that is discriminatory in nature, such as terminating their employment based on their protected characteristics, which include their; race, color, religion, sex, national origin, age, genetic information.
• Public policy: Oklahoma employers are prohibited from dismissing their employees for complying with regulations established by public policy. Examples of adherence to public policies include when an employee:
  • Rejects the participation of unlawful activities upon the request of an employer.
  • Participates in activities that serve the public interest (such as serving their jury duty).
  • Reports workplace violations committed by an employer to the respective authorities.
  • Asserts their statutory rights (such as filing a claim for compensation).

Moreover, in Oklahoma, an employee who has been separated from work, either by dismissal or voluntary resignation, is entitled to be given their final paycheck by the next regularly scheduled pay date. Employers must ensure to promptly issue an employee’s final paycheck to avoid incurring any legal penalties enforced by the statutory provisions of state law.

Oklahoma’s employment laws do not mandate employers to offer severance pay to their terminated employees. However, if an employer chooses to offer such benefits, severance must be paid in compliance with the stipulations of the employment contract or with the terms of the company’s established policy.