Oklahoma employment law overview

Oklahoma has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as the minimum wage. 

Select Oklahoma employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Oklahoma employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Oklahoma Anti-Discrimination Act (OADA) prohibits employers from discriminating on the basis of protected characteristics, including: 

• Race; 
• Color; 
• Religion; 
• National origin; 
• Disability; 
• Age (40 and over); 
• Sex (including pregnancy); and 
• Genetic information. 

The OADA, which applies to employers that have one or more employees, also prohibits harassment and retaliation. 

Equal pay 

Oklahoma employers are prohibited from paying female employees at a rate less than the rate at which male employees are paid for comparable work on jobs that have comparable requirements relating to skill, effort and responsibility, except where the payment is made based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or factors other than sex. 

Pay transparency 

Oklahoma does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Oklahoma does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Oklahoma does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Oklahoma does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

A mother may breastfeed her baby in any location where the mother is otherwise authorized to be. An employer may provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for her child to maintain milk supply and comfort. The break time, if possible, must run concurrently with any break time, paid or unpaid, already provided to the employee. An employer is not required to provide break time under the law if to do so would create an undue hardship on the employer’s operations. 

Access to personnel files 

Oklahoma law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Oklahoma courts generally enforce private employee whistleblower protections. Oklahoma law includes a narrow exception to the at-will employment rule. The exception serves to protect employees discharged for either: 

• Acting in furtherance of an Oklahoma public policy; or 
• Refusing to act contrary to an Oklahoma public policy. 

In either case, whistleblowers in Oklahoma shoulder the burden of identifying an Oklahoma public policy goal that is: 

• Clear and compelling; and 
• Articulated in existing Oklahoma constitutional, statutory or jurisprudential law. 

Scheduling 

Oklahoma does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Oklahoma employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Under the Credit Services Organization Act, employers may obtain consumer reports for any employment purpose, such as employment screening. The employer must first give applicants written notice that a consumer report will be used and that they may obtain a free copy. 

Ban the Box and Fair Chance 

Oklahoma does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Oklahoma requires a contractor or subcontractor to register with and participate in E-Verify to verify information regarding the contractor’s or subcontractor’s new hires before they enter into a contract with a public employer for the physical performance of services inside Oklahoma. 

Additionally, an employer participating in E-Verify is subject to certain posting requirements.  

Wage and hour 

Oklahoma employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Employers covered by the Oklahoma Minimum Wage Act must pay nonexempt employees at least the federal minimum wage. The statute applies only to employers with at least 10 full-time employees and/or that gross more than $100,000 annually. It does not apply to employers subject to the federal Fair Labor Standards Act. 

Certain employees are exempt from state minimum wage requirements, such as farm workers, domestic servants, outside salespersons and transportation employees. The law also exempts minors under the age of 18 who have not graduated high school or a vocational training program. 

The law allows an employer to credit tips, lodging, board or uniforms against an employee’s minimum wage. 

Overtime 

Oklahoma does not have a state overtime law applicable to private employers. 

Meal and rest breaks 

In Oklahoma, children under the age of 16 years must be permitted a half-hour cumulative rest period if they work for more than five consecutive hours or a one-hour cumulative rest period if they work for eight or more consecutive hours worked. 

Child labor 

Child labor laws in Oklahoma restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under the age of 18 are prohibited from working in underground mines or in establishments that sell or dispense low-point beer for on-premises consumption (unless owned by a parent). 

Minors under the age of 16 are prohibited from working in occupations deemed hazardous to their health and well-being and, in general, from occupations involving: 

• Communications and public utilities; 
• Construction, including demolition and repair; 
• Manufacturing, mining or processing; 
• Operation of hoisting apparatus or power-driven machinery; 
• Operation of, or service as helpers on, motor vehicles; 
• Public messenger service; 
• Rail, highway, air, water, pipeline or other types of transportation; and 
• Storage and warehousing. 

Additional prohibitions exist for minors under age 15. 

Oklahoma generally prohibits minors under the age of 16 from working: 

• More than three hours on a school day; 
• More than eight hours on a nonschool day; 
• More than 18 hours in a week in which school is in session; 
• More than 40 hours in a week in which school is not in session; and 
• Before 7:00 a.m. and after 7:00 p.m. (after 9:00 p.m. from June 1 through Labor Day or if there is no school the following day). 

A minor under the age of 16 years must be given a one-hour rest period for each eight consecutive hours worked. However, they may not work more than five consecutive hours without a 30-minute cumulative rest period. 

Pay and benefits 

Oklahoma employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Oklahoma employers may pay employees in cash or by check, cashier’s check, draft or otherwise, as long as the employees can redeem them or receive payment in cash without discount. 

Pay frequency and lag time 

Employers must pay nonexempt employees at least twice a month, on paydays designated in advance. Exempt employees may be paid monthly. 

Paydays may not occur more than 11 days after the end of each pay period. Employees must be paid no later than three days after each pay period ends. 

Pay deductions 

An employer may not make deductions from employees’ wages for the cost of required medical exams or employer-provided training. An employer must have employees’ written permission to make deductions for legitimate reasons, including, but not limited to: 

• Repayment of a company loan, advance or wage overpayment; 
• Payment for merchandise or uniforms; 
• Payment for benefits or insurance premiums; 
• Contributions to a deferred compensation plan or other investment plan; or 
• Compensation for breakages or cash shortage, if the employee was the only individual responsible. 

Pay statements 

Every payment of wages must include a brief itemized statement listing all deductions. 

Wage theft 

Oklahoma does not have a wage theft law applicable to private employers. 

Health care continuation 

Oklahoma’s health care continuation coverage law applies to employers with fewer than 20 employees. The law gives former employees the right to purchase continued health care coverage of two distinct types: 

• Full coverage for up to 63 days, if coverage is terminated for any reason other than the employee’s gross misconduct or termination of the group policy; or 
• Limited coverage for up to three months for basic coverage, or up to six months for major medical coverage, if the employee was covered under the group health plan for at least six months and the employee was terminated or the group health plan was terminated. 

Temporary disability insurance 

Oklahoma does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Oklahoma employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Oklahoma does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Oklahoma does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Oklahoma has laws related to time off and leaves of absence, including but not limited to:

• Jury duty leave; 
• Voting leave; 
• Military leave; and 
• Day of rest requirements. 

Health and safety 

Oklahoma employers may be required to follow certain requirements with respect to employee health and safety.

Occupational safety and health  

Private sector employers in Oklahoma fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing 

Under the Standards for Workplace Drug and Alcohol Testing Act, Oklahoma employers may require drug and alcohol testing of job applicants, but only after making a conditional job offer. The employer must bear the costs of the tests and follow procedures set by the state Board of Health. An employer may take an adverse employment action against applicants who refuse to take a test or who test positive. The law does not apply if the employer is conducting drug and alcohol tests under federal law. 

Smoke-free workplace 

Oklahoma prohibits smoking in indoor workplaces. Prohibited smoking also includes smoking or vaping marijuana. An employer must post appropriate signage. 

Weapons in the workplace 

Oklahoma employers may limit, restrict or prohibit weapons, including firearms, in the workplace. However, Oklahoma law generally permits employees to transport and store a firearm in a locked motor vehicle in a company parking lot. 

Safe driving practices 

Oklahoma prohibits texting while driving. 

Organizational exit 

Oklahoma employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees must be paid their final wages, less offsets, by the next regular payday. Employers must pay final wages through its regular pay channels or, if the employee requests, by certified mail postmarked on or before the next regular payday. 

Oklahoma law defines wages to include vacation pay earned or due under an employment agreement or an established employer policy.

An employer may pay up to $3,000 of wages due to a deceased employee to the employee’s designated beneficiary. If there is no designated beneficiary, wages may be paid to the employee’s surviving spouse, or dependent children if there is no surviving spouse. 

Mass layoffs 

Oklahoma does not have its own version of the federal WARN Act. 

AI in employment 

Oklahoma does not have a law related to AI in employment applicable to private employers.