Compliance Watch:
What are my overtime rights in Oklahoma?

July 5th 2024

In Oklahoma, overtime rights are governed by state and federal labor laws to ensure fair compensation for employees who work additional hours beyond the standard workweek. Understanding your overtime rights is essential to ensure fair compensation for the hours you work beyond the standard workweek.

This article provides a comprehensive overview of your overtime rights in Oklahoma, including eligibility criteria, pay rates, compensable time, and protections against violation of your rights.

This Article Covers

Understanding Overtime in Oklahoma
Common Questions About Overtime in Oklahoma
Legal Working Hours in Oklahoma
Overtime Eligibility in Oklahoma
    Overtime Payment Calculations in Oklahoma
      Receiving Overtime Payment in Oklahoma
      Violations of Overtime Law in Oklahoma

      Understanding Overtime in Oklahoma

      Is overtime pay mandatory in Oklahoma?

      Yes, overtime pay is mandatory in Oklahoma for non-exempt employees as governed by the Fair Labor Standards Act (FLSA). According to the FLSA, non-exempt employees must be paid overtime at a rate of one and a half times their regular rate of pay for all hours worked over 40 in a workweek.

      When do I qualify for overtime pay in Oklahoma?

      In Oklahoma, you qualify for overtime pay based on your:

      • Non-Exempt Status: You must be classified as a non-exempt employee. Non-exempt employees do not meet certain job roles and earn specific salary levels.
      • Hours Worked: You must work more than 40 hours in one single workweek. The FLSA requires that non-exempt employees receive overtime compensation for any hours worked over 40 in a workweek.

      These qualifications set forth the criteria for overtime eligibility.

      How much is overtime pay in Oklahoma?

      Overtime pay in Oklahoma is calculated at a rate of one and a half times their regular pay rate for all hours worked over 40 in a workweek. For example, the minimum wage in Oklahoma is $7.25 per hour, minimum wage earners overtime pay would be $10.88.

      Which laws govern overtime in Oklahoma?

      Oklahoma does not have its own state-specific overtime laws, it adheres to the standards and regulations set forth by the Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must receive overtime pay for hours worked over 40 in a workweek. Overtime pay must be at least one and a half times the employee’s regular rate of pay.

      Common Questions About Overtime in Oklahoma

      Do employers have to pay overtime in Oklahoma?

      Yes, employers are required to pay overtime to eligible employees. Under the FLSA, non-exempt employees must be paid at least 1.5 times their regular pay rate. Non-exempt employees typically include hourly workers and some salaried employees who do not meet the criteria for exemption.

      Exempt employees, such as those in executive, administrative, professional, and certain other roles are not entitled to overtime pay if they meet specific criteria related to their job duties and salary levels.

      Can an employee refuse to work overtime in Oklahoma?

      In most cases, employees in Oklahoma cannot refuse to work overtime if required by their employer. Employers have the right to require overtime work, and employees are expected to comply with such requirements unless there is a specific agreement or contract that states otherwise.

      Employees can be disciplined or terminated for refusing to work overtime unless they are protected by a contract, collective bargaining agreement, or specific labor laws.

      Can I take comp time instead of overtime pay in Oklahoma?

      In Oklahoma, public sector employees can receive comp time instead of overtime pay. However, the private sector employees are not entitled to comp time in place of overtime pay. According to the FLSA, private sector employers must receive monetary compensation for overtime work.

      Can I get overtime pay in Oklahoma without employer approval?

      Employers are required to pay for all hours worked by non-exempt employees, including any overtime hours, whether those hours are authorized or not. Under the FLSA, non-exempt employees are entitled to receive overtime pay for any hours worked over 40 in a workweek, regardless of whether the overtime work was approved in advance by the employer.

      While employers must pay for unauthorized overtime, they can still enforce policies that require employees to obtain prior approval before working overtime. In addition, employers can discipline employees for not following company policies regarding overtime, including requiring prior approval, but employers cannot withhold overtime pay as a form of discipline.

      Does Oklahoma have double-time pay?

      Oklahoma does not have regulations requiring employers to provide double-time pay for any circumstances. The FLSA does not mandate double-time pay either. Instead, employers are required to pay non-exempt employees overtime pay at a rate of one and a half times their regular rate for hours worked over 40 in a workweek.

      While Oklahoma law does not require double-time pay, employers may offer such pay benefits as part of their company policies or collective bargaining agreements.

      What is working ‘off-the-clock’ in Oklahoma?

      In Oklahoma, working ‘off-the-clock’ refers to any work performed by an employee for which they are not compensated. This includes any work-related activities that an employer knows or should know about but does not record or pay for, such as:

      • Preparing for work before clocking in (e.g., setting up equipment).
      • Continuing work after clocking out (e.g., responding to emails, finishing paperwork).
      • Performing work-related tasks during unpaid meal breaks or rest periods.
      • Attending mandatory meetings or training sessions outside of scheduled work hours.
      • Traveling between job sites or client locations for work purposes.

      Employers are required to compensate employees for all hours worked, failure to do so is a violation of state and federal labor laws.

      What are common ways employers avoid paying overtime in Oklahoma?

      Some employers in Oklahoma may attempt to avoid paying overtime through various means, which violate labor laws. Common ways employers might try to avoid paying overtime in Oklahoma include:

      • Misclassifying employees as exempt from overtime pay when they should be classified as non-exempt. Misclassification can occur by wrongly categorizing employees as exempt executive, administrative, or professional employees when their job duties do not meet the criteria for exemption.
      • Failing to accurately record and track all hours worked by employees, including overtime hours.
      • Pressuring employees to work ‘off-the-clock’ or altering time records.
      • Offering compensatory time off (comp time) instead of overtime pay. While comp time is allowed for public sector employees under certain conditions, this practice is generally prohibited in the private sector under federal law.
      • Manipulating work schedules by adjusting workweeks to start mid-week or requiring employees to work fewer hours to offset overtime.
      • Misclassifying employees as independent contractors.

      Can you work seven days in a row in Oklahoma?

      Oklahoma has no specific state statutes that prohibit employees from working seven days in a row. In addition, the FLSA does not limit the number of days an employee can work consecutively. However, it does require that non-exempt employees be paid overtime (at least one and a half times their regular rate) for hours worked over 40 in a workweek.

      How many ten-hour days can you work in a row in Oklahoma?

      Oklahoma labor laws do not mandate specific limits on consecutive workdays or prescribe maximum hours per day for most employees. Under the FLSA, there are no federal restrictions on the number of consecutive ten-hour workdays for most employees. However, certain industries may be subject to federal regulations regarding rest periods between shifts.

      What are full-time hours in Oklahoma?

      Full-time employment in Oklahoma is not specifically defined by state law and generally follows the employer’s policies. Typically, full-time employment is considered to be around 40 hours per week. However, employers have the discretion to set their definitions for full-time employment, some employers may consider employees working 35 hours or more per week as full-time.

      How many hours straight can you legally work in Oklahoma?

      Oklahoma labor laws do not mandate specific limits on consecutive hours worked in a single shift for most employees. However, the FLSA does not set a maximum number of hours that an employee can work in a day. It focuses on ensuring that employees are compensated fairly for overtime. Non-exempt employees must be paid overtime at a rate of one and a half times their regular pay rate for any hours worked over 40 in a workweek.

      Learn more about Oklahoma Break Law in our detailed guide.

      Is overtime after eight hours or 40 hours in Oklahoma?

      In Oklahoma, overtime pay is based on the total number of hours worked in a workweek. If an employee works more than 40 hours in a single workweek, they are entitled to overtime pay for those additional hours, regardless of how many hours they worked on any given day within that week.

      Does working on the weekend qualify for overtime pay in Oklahoma?

      Working on a weekend does not automatically qualify an employee for overtime pay in Oklahoma. To qualify for overtime pay, an employee’s total hours worked in a workweek must exceed 40 hours. If an employee works on the weekend but has not exceeded 40 hours in the workweek, they would not be entitled to overtime pay.

      How many hours off between shifts is required in Oklahoma?

      Oklahoma labor laws do not specify a minimum number of hours off between shifts for adult employees. Under the FLSA, no federal requirements for rest periods between shifts for adult employees. However, certain industries (e.g., transportation, healthcare, and emergency services) may be subject to federal regulations regarding maximum hours on duty and mandatory rest periods between shifts.

      What does ‘hours worked’ include in Oklahoma?

      In Oklahoma, ‘hours worked’ includes any time employees perform job-related duties, for which they are entitled to compensation. Here are some examples defining ‘hours worked’:

      • Time spent performing tasks directly related to the job, whether at the workplace or off-site.
      • Time spent attending training or meetings related to the employee’s job responsibilities.
      • Time spent waiting or being on-call to be available for work.
      • Time spent traveling for work-related purposes.
      • Time spent on rest breaks of less than 20 minutes.

      What is the most hours a salaried employee can work in Oklahoma? 

      No specific limit on the maximum number of hours a salaried employee can work in a week under the FLSA. However, employers must comply with federal regulations regarding overtime pay and consider health and safety implications when setting expectations for work hours.

      Learn more about Your Rights as a Salaried Employee in Oklahoma.

      What is the maximum number of hours an hourly employee can work in Oklahoma?

      No specific legal maximum limit on the number of hours an hourly employee can work in Oklahoma, but federal regulations establish standards for overtime pay. Employers should ensure compliance with these regulations and consider health and safety implications when scheduling work hours.

      Learn more about Your Rights as an Hourly Employee in Oklahoma.

      Overtime Eligibility in Oklahoma

      Who is eligible for overtime pay in Oklahoma?

      In Oklahoma, eligibility for overtime pay is determined based on the classification of employees under the Fair Labor Standards Act (FLSA). Non-exempt employees are those who are paid on an hourly basis and perform non-managerial, non-professional, or non-administrative duties.

      Who is exempt from overtime pay in Oklahoma?

      Exemptions from overtime pay in Oklahoma follow the guidelines established by the FLSA. Employees classified as exempt from overtime pay include those who meet certain criteria related to their job duties, salary level, and salary basis. Commonly recognized categories of exempt employees include:

      • Executive, Administrative, and Professional Employees: These employees must receive a fixed salary of at least $684 per week (or $35,568 annually). Their job duties involve management, specialized knowledge, or significant decision-making responsibilities.
      • Computer Employees: Employees in computer-related occupations who earn at least $684 per week or $27.63 per hour are exempt. This category includes systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field.
      • Highly Compensated Employees: Employees who earn $107,432 or more annually and perform office or non-manual work are considered highly compensated and are exempt if they customarily perform at least one of the duties of an exempt executive, administrative, or professional employee.
      • Outside Sales Employees: Employees primarily engaged in making sales or obtaining orders or contracts for services or the use of the facilities, and who regularly work away from the employer’s place of business, are exempt from overtime pay.
      • Agricultural or Horticultural Employees: Employees engaged in agriculture or horticulture are exempt from overtime requirements. This includes workers involved in farming, cultivation, and other agricultural activities.
      • Commissioned Sales Employees in Retail or Service Establishments: Employees who receive more than half of their earnings from commissions and have a regular rate of pay exceeding one and one-half times the federal minimum wage are exempt from overtime pay.
      • Motor Carrier Employees: Drivers, driver’s helpers, loaders, or mechanics involved in interstate or foreign commerce on public highways are exempt from overtime pay under the Motor Carrier Act exemption.

      Can salaried employees get overtime pay in Oklahoma?

      Yes, salaried employees in Oklahoma can receive overtime pay if they are classified as non-exempt under the Fair Labor Standards Act (FLSA). Non-exempt salaried employees are entitled to overtime pay for all hours worked over 40 in a workweek, regardless of whether they are paid on a salary basis.

      It is important to distinguish between exempt and non-exempt salaried employees. Exempt salaried employees are not entitled to overtime pay.

      Learn more in detail about Oklahoma Salaried Employees Laws and Oklahoma Overtime Laws.

      Overtime Payment Calculations in Oklahoma

      What is my regular rate of pay in Oklahoma?

      In Oklahoma, your regular rate of pay should not be less than the minimum wage. It is calculated by dividing your total weekly compensation by the total number of hours worked in a workweek. This regular pay is used to determine your overtime rate.

      For example, if you earn a weekly salary of $400 and work 40 hours in a workweek, your regular rate of pay would be $10 per hour ($400 / 40 hours).

      How do you calculate overtime in Oklahoma?

      Overtime pay is calculated at a rate of one and a half (1.5) times the employee’s regular rate of pay for all hours worked over 40 in a workweek. The regular rate of pay is determined by dividing the employee’s total weekly compensation by the total number of hours in a workweek.

      For example, if you earn a weekly salary of $400 and work 40 hours in a workweek, your regular rate of pay would be $10 per hour ($400 / 40 hours).

      To calculate your overtime rate, you would multiply your regular rate by 1.5. If your regular hourly rate is $10, then your overtime rate would be $15 per additional hour ($10 x 1.5).

      Finally, to calculate your overtime pay, you would multiply your overtime rate by the number of overtime hours worked. If you worked 48 hours in one single workweek, your overtime hours are 8. In this example, your overtime pay would be $120 ($15 x 8).

      How is overtime taxed in Oklahoma?

      Overtime pay is paid to eligible employees as additional compensation for hours worked beyond the standard 40 hours in a workweek. Overtime payment is included as part of the employee’s regular paycheck for the pay period in which the overtime hours were worked.

      Receiving Overtime Payment in Oklahoma

      How is overtime paid in Oklahoma?

      Overtime pay is paid to eligible employees as additional compensation for hours worked beyond the standard 40 hours in a workweek. Overtime payment is included as part of the employee’s regular paycheck for the pay period in which the overtime hours were worked.

      When do I receive my overtime paycheck in Oklahoma?

      In Oklahoma, the timing of when you receive your overtime paycheck depends on your employer’s payroll schedule. Overtime pay is usually included in your regular paycheck for the pay period in which overtime hours were worked.

      Most employers in Oklahoma pay their employees at least twice per month. For example, if you work overtime hours during the first week of a bi-weekly pay period, your overtime pay for those hours would be included in your paycheck for that pay period, which may be issued at the end of the second week.

      Violations of Overtime Law in Oklahoma

      What if my employer refuses to pay me overtime in Oklahoma?

      If your employer refuses to pay overtime in Oklahoma, you can file a complaint with the Wage and Hour Division or the Oklahoma Employment Security Commission.

      Employees can try to discuss the matter with their employer or Human Resources department as errors may occur during the payroll process. However, if the employer still refuses to pay overtime, employees can file a wage claim to ensure they receive the overtime pay they are owed.

      What is the penalty for failing to pay overtime in Oklahoma?

      In Oklahoma, the penalties for failing to pay overtime can vary depending on the circumstances of the violation. This includes:

      • Employers who fail to provide rightful wages are considered misdemeanors and must be punishable by fines up to $5,000 and a maximum prison sentence of 6 months.
      • Employers who intentionally or repeatedly refuse overtime payment may face a civil monetary penalty of up to $1,000 for each violation committed.
      • Employers with outstanding wages owed to their employees will pay a penalty equivalent to 10% of the unpaid wages.

      How can I file a wage claim for overtime in Oklahoma?

      Employees in Oklahoma can submit complaints to the Oklahoma Employment Security Commission (OESC) for a current, former, or potential employer who they believe has violated workplace laws. Complaints may include unpaid overtime wages. To file a wage claim, collect any relevant documentation related to your employment and hours worked. Provide the detailed wage claim, including any documentation that may support your claim.

      Employees must be aware that the statute of limitations for wage claims in Oklahoma is only up to two years. This may be adjusted to three years if the employer knowingly or willfully violated the overtime laws.

      Can employers retaliate against employees for making a wage claim in Oklahoma?

      Employers in Oklahoma are prohibited from retaliating against employees for exercising their rights under wage and hour laws, including filing wage claims. Retaliation can take many forms, including termination, demotion, reduction in hours, pay cuts, or other adverse employment actions.

      Learn more about Oklahoma Labor Laws through our detailed guide.

      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.