Oklahoma labor laws follow the federal Fair Labor Standards Act (FLSA) to regulate overtime pay, ensuring employees are fairly compensated for hours worked beyond the standard 40-hour workweek. From shift differentials to alternative work schedules, understanding how overtime works in Oklahoma is important for both employees and employers.
This guide provides a clear breakdown of overtime rules to help ensure legal compliance and fair pay practices across the state.
This Article Covers:
Understanding Overtime in Oklahoma
- Which Overtime Laws Apply in Oklahoma?
- How are Overtime Laws in Oklahoma Different from Federal Laws?
- What is the Regular Rate of Pay in Oklahoma?
- How Much is Overtime Pay in Oklahoma?
- Who is Eligible for Overtime Pay in Oklahoma?
- Who is Exempt from Overtime Pay in Oklahoma?
Overtime for Hourly Rate and Salaried Employees in Oklahoma
- How Do You Calculate Overtime for Hourly Employees in Oklahoma?
- How is Overtime Calculated for Salaried Employees in Oklahoma?
Overtime for Complex Pay Structures in Oklahoma
- How Do You Calculate Overtime for Piece Rate or Commission Employees in Oklahoma?
- How Do You Calculate Overtime with Multiple Pay Rates in Oklahoma?
Additional Considerations for Oklahoma Overtime
- Are there Industry-Specific Overtime Rules in Oklahoma?
- Do Employees in Oklahoma Get Extra Overtime Pay for Working on Sundays or Holidays?
- How can Employers Ensure Compliance with Oklahoma Overtime Laws?
Understanding Overtime in Oklahoma
Which Overtime Laws Apply in Oklahoma?
Overtime in Oklahoma is governed by federal law, specifically the Fair Labor Standards Act (FLSA), as the state does not have its own separate overtime statute for most workers.
Employers must follow the FLSA’s rules, which require overtime pay at 1.5 times the regular rate of pay for any hours worked over 40 in a workweek.
Policies like those outlined by the Office of Management and Enterprise Services (OMES) guide how state agencies implement these requirements for public employees.
How are Overtime Laws in Oklahoma Different from Federal Laws?
Oklahoma generally follows federal overtime standards set by the FLSA, but certain policies adopted by state agencies add specific procedures or conditions.
For example, the OMES allows compensatory time instead of cash overtime for both exempt and non-exempt public employees, with set caps and expiration periods. These agency-level rules must still comply with FLSA standards but may offer alternate options, like workweek adjustments or comp time accrual, which are specific to operational needs.
While the state doesn’t expand overtime rights beyond federal law, it does establish internal rules for compliance and administration within public employment.
What is the Regular Rate of Pay in Oklahoma?
In Oklahoma, the regular rate of pay includes all base wages and nondiscretionary bonuses or differentials earned in a pay period. This total is divided by all hours worked to determine the rate used for overtime calculations.
How Much is Overtime Pay in Oklahoma?
In Oklahoma, non-exempt employees earn 1.5 times their regular rate of pay for all hours worked over 40 in a seven-day workweek. Including:
- Weekly Overtime: Employees must be paid time and one-half for hours worked beyond 40 in a single workweek.
- No Daily Overtime: Oklahoma does not require extra pay for working more than eight hours in a day unless it pushes the total beyond 40 hours for the week.
- Alternative Periods for Certain Roles: For specific roles, like probation and parole officers, overtime may be calculated using a 28-day cycle. In this case, time and one-half applies after 171 hours worked in that 28-day period.
- Comp Time Option: Public sector employees may receive compensatory time off instead of cash for overtime, at the same 1.5× rate, subject to caps and expiration periods.
To learn more, read our detailed guide on Oklahoma overtime laws.
Who is Eligible for Overtime Pay in Oklahoma?
In Oklahoma, non-exempt employees are eligible for overtime pay when they work more than 40 hours in a standard seven-day workweek. Some employees, like probation and parole officers, may follow a 28-day work period, with overtime eligibility triggered after 171 hours. Eligibility is based on actual job duties, not job titles.
For more information, check out our guide on overtime rights in Oklahoma.
Who is Exempt from Overtime Pay in Oklahoma?
Some employees in Oklahoma are exempt from overtime based on their job duties and classification. These exemptions include:
- Executive, administrative, and professional employees who meet the federal duties test and are paid on a salary basis
- Exempt employees defined in the Job Family Level Guide as “E” (fully exempt) or “EO” (exempt but overtime-eligible by policy)
- Employees whose duties primarily involve independent judgment, management, or advanced professional knowledge
- Probation and parole officers on a 28-day work cycle (overtime applies only after 171 hours)
- Volunteers performing services outside of their paid duties
- On-call employees, when their freedom of movement is not significantly restricted
- Employees who meet the exemption criteria outlined in the Fair Labor Standards Act (FLSA) and Oklahoma Merit Rules
- Outside sales employees regularly working away from the employer’s business
- Computer professionals earning at least $684 weekly or $27.63 hourly and performing specialized tech duties
- Highly compensated employees earning $107,432+ annually, with at least one duty of an exempt role
For more details of these exemptions In Oklahoma, view the Fact Sheet #17A.
Overtime for Hourly Rate and Salaried Employees in Oklahoma
How Do You Calculate Overtime for Hourly Employees in Oklahoma?
In Oklahoma, hourly employees are entitled to 1.5 times their regular rate of pay for hours worked beyond 40 in a single workweek. The regular rate includes all base pay and most nondiscretionary bonuses and differentials.
To find the overtime pay:
1. Determine the total base pay, including shift differentials and nondiscretionary bonuses. |
2. Divide that total by the number of hours worked in the week to get the regular rate. |
3. Multiply the regular rate by 1.5 for any hours worked over 40. |
Consider an example of an employee earning $18/hour and working 45 hours in a week.
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The calculation reflects that only actual hours worked count toward overtime eligibility—paid leave or holidays are excluded. This ensures that employees are fairly compensated for extended work.
To learn more, you can read our guide on your rights as an hourly employee in Oklahoma.
How is Overtime Calculated for Salaried Employees in Oklahoma?
For salaried nonexempt employees in Oklahoma, overtime is calculated by first converting the salary into an hourly rate based on a 40-hour workweek. The steps are:
1. Weekly Salary to Hourly Rate: Divide the weekly salary by 40. |
2. Calculate Overtime Pay: Multiply the hourly rate by 1.5 for every hour worked over 40 in a week. |
Take the example of a salaried employee earns $800 per week and works 48 hours:
- Hourly Rate: $800 ÷ 40 = $20
- Overtime Hours: 8
- Overtime Pay: 8 × ($20 × 1.5) = $240
- Total Weekly Pay: $800 + $240 = $1,040
Additionally, agencies may issue “Overtime Straight” (regular rate) and “Overtime Premium” (the extra 0.5x) as separate entries on the payslip.
Read more about Oklahoma salaried employees laws.
Overtime for Complex Pay Structures in Oklahoma
How Do You Calculate Overtime for Piece Rate or Commission Employees in Oklahoma?
In Oklahoma, overtime for employees paid on a piece rate or commission basis is calculated based on their regular rate of pay, which must reflect actual earnings and total hours worked. This ensures compliance with the FLSA, which Oklahoma follows.
Method 1: Piece or Commission Earnings Divided by Hours Worked
To find the regular hourly rate, total weekly earnings from piecework or commissions are divided by the total number of hours worked. Overtime is then calculated at 1.5 times this regular rate for any hours worked beyond 40 in a week.
For example, an employee earns $600 from piecework in a 40-hour week.
- Regular Rate: $600 ÷ 40 = $15/hour
- Overtime Rate: $15 × 1.5 = $22.50/hour
- Any additional hours beyond 40 are paid at $22.50/hour.
Method 2: Average Hourly Rate Including Overtime Hours
Alternatively, total weekly earnings (including those from hours beyond 40) may be divided by all hours worked, to get an averaged rate for calculating additional half-time owed on top of the straight-time pay.
For example, a worker earns $550 in a 35-hour week, including 5 overtime hours.
- Regular Rate: $550 ÷ 35 = $15.71/hour
- Overtime Premium: $15.71 × 0.5 = $7.86/hour for 5 hours = $39.30 extra
- Total Pay: $550 + $39.30 = $589.30
These methods ensure compliance with federal regulations, which Oklahoma public employers follow.
How Do You Calculate Overtime with Multiple Pay Rates in Oklahoma?
In Oklahoma, when an employee works two or more jobs for the same employer at different pay rates during the same workweek, the overtime rate must be calculated using the weighted average method, in compliance with the Fair Labor Standards Act (FLSA).
Here’s how it works:
1. Calculate total earnings at each rate: Multiply the hours worked at each rate by that rate. |
2. Add all earnings together. |
3. Divide total earnings by total hours worked to find the weighted average regular rate. |
4. Multiply any overtime hours (those over 40 in a workweek) by 1.5 times the weighted average rate. |
Consider an employee who works at two different pay rates within the same workweek in Oklahoma, which follows FLSA overtime rules.
- Hours and Pay: The employee works 30 hours at a rate of $14 per hour and an additional 15 hours at $10 per hour.
- Total Earnings: (30 hours × $14) + (15 hours × $10) = $420 + $150 = $570
- Total Hours Worked: 30 + 15 = 45 hours
- Weighted Average Regular Rate: $570 ÷ 45 hours = $12.67 per hour
- Overtime Pay: 5 overtime hours × ($12.67 × 1.5) = 5 × $19.01 = $95.05
The weighted average rate of $12.67 is used as the basis for calculating overtime because the employee performed different types of work at different rates under the same employer. This method ensures accurate and fair compensation for the extra hours worked.
Additional Considerations for Oklahoma Overtime
Are there Industry-Specific Overtime Rules in Oklahoma?
Yes, Oklahoma applies specific overtime rules to certain job categories and agencies. For example, probation and parole officers operate under a 28-day work period, with overtime only applying after 171 hours worked.
Also, exempt overtime-eligible (EO) employees may receive overtime based on prevailing market conditions, as defined by the Oklahoma Job Family Level Guide.
State agencies may also implement internal overtime or compensatory time policies aligned with public safety, corrections, or other essential services.
Do Employees in Oklahoma Get Extra Overtime Pay for Working on Sundays or Holidays?
No, under the FLSA—which Oklahoma follows—there is no requirement for extra overtime pay simply for working on Sundays or holidays, unless the total hours exceed 40 in a workweek. Any additional compensation for these days would be at the employer’s discretion.
How can Employers Ensure Compliance with Oklahoma Overtime Laws?
To stay compliant with Oklahoma overtime laws and FLSA standards, employers should:
- Track employee work hours accurately, including overtime and compensatory time.
- Calculate regular pay rates correctly, including shift differentials and nondiscretionary bonuses.
- Prevent unauthorized overtime but compensate it if worked.
- Keep detailed timesheets and records in accordance with FLSA rules.
- Follow defined procedures for exempt and nonexempt classification per the Job Family Level Guide and relevant state policy documents.
- Use endorsed HCM systems like Workday@OK to manage payroll, timesheets, and compliance across state agencies
These practices help avoid violations and ensure employees are paid correctly for all hours worked.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.