Oklahoma Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Oklahoma employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Oklahoma
- Minimum wage
- $7.25 per hour, equal to the federal minimum wage. Unless federal law covers the job, the state minimum applies to employers with at least 10 full-time employees, or gross sales over $100,000 a year, or that are involved in interstate commerce. Oklahoma Minimum Wage Act (40 O.S. § 197.1 et seq.); 40 O.S. § 160
- Final paycheck if fired or laid off
- Due by the next regular payday for the pay period in which the work was done, through normal pay channels or by certified mail if the employee asks. 40 O.S. § 165.3
- Meal and rest breaks
- No state requirement for workers 16 and older; company policy controls. Mandatory breaks apply only to children under 16. Oklahoma Department of Labor, Labor Law in Oklahoma (FAQ 4)
- Unused vacation / PTO payout
- Not required by state law. If the employer has a written policy (such as a handbook) that promises payout of vacation or sick leave, that pay is treated as wages and must be paid as promised. 40 O.S. § 165.1 et seq.; Oklahoma Department of Labor guidance
Last verified: 2026-10-26
Pay
| Minimum wage | $7.25 per hour, equal to the federal minimum wage. Unless federal law covers the job, the state minimum applies to employers with at least 10 full-time employees, or gross sales over $100,000 a year, or that are involved in interstate commerce. Cities may not set their own minimum wage. No state increase is scheduled. The federal minimum wage also applies to most employers. |
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| Tipped minimum wage | For employers covered by federal law, the cash wage can be as low as $2.13 per hour with a tip credit of up to $5.12, as long as tips bring the employee to at least $7.25 per hour. |
| Overtime | Oklahoma has no state overtime law. Employers covered by the federal FLSA must pay time and one-half for hours over 40 in a workweek. |
| How often you must be paid | At least twice each calendar month on regular paydays set in advance. Exempt employees and public employees may be paid monthly. Payday can be no more than 11 days after the pay period ends, and the employer has 3 more days after payday to pay. Source: 40 O.S. § 165.2 |
| Pay stubs | Required with every payment of wages, on paper or electronically, showing an itemized list of all deductions. Workers who are denied pay stubs can file a Pay Stub Claim with the Department of Labor. Source: 40 O.S. § 165.2 |
Breaks and leave
| Meal and rest breaks | No state requirement for workers 16 and older; company policy controls. Mandatory breaks apply only to children under 16. |
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| Paid sick leave | No statewide paid sick leave law. State law also bars cities and other local governments from requiring employers to give paid or unpaid sick or vacation days. Source: 40 O.S. § 160 |
Leaving a job
| Final paycheck if fired or laid off | Due by the next regular payday for the pay period in which the work was done, through normal pay channels or by certified mail if the employee asks. An employer that willfully withholds undisputed wages can owe 2% of the unpaid wages per day, up to the amount owed. Source: 40 O.S. § 165.3 |
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| Final paycheck if you quit | Due by the next regular payday, the same as when an employee is fired. Source: 40 O.S. § 165.3 |
| Unused vacation / PTO payout | Not required by state law. If the employer has a written policy (such as a handbook) that promises payout of vacation or sick leave, that pay is treated as wages and must be paid as promised. |
| Unemployment benefits | Oklahoma Employment Security Commission (OESC). Create an account and verify your identity on the OESC claimant portal, then file your claim and weekly certifications online. Phone line for weekly claims: 405-525-1500. |
Firing, retaliation and discrimination
| Job discrimination complaints | Office of Civil Rights Enforcement in the Oklahoma Attorney General's Office. An employment discrimination complaint must be filed within 180 days of the last discriminatory act. After the investigation, a person who receives a right-to-sue notice has 90 days to file suit. The federal EEOC handles federal claims against employers with 15 or more employees. |
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Where to get help in Oklahoma
Employment Law FAQ
What is the minimum wage in Oklahoma?
$7.25 per hour, equal to the federal minimum wage. Unless federal law covers the job, the state minimum applies to employers with at least 10 full-time employees, or gross sales over $100,000 a year, or that are involved in interstate commerce. Cities may not set their own minimum wage.
What is the tipped minimum wage in Oklahoma?
For employers covered by federal law, the cash wage can be as low as $2.13 per hour with a tip credit of up to $5.12, as long as tips bring the employee to at least $7.25 per hour.
What are the overtime rules in Oklahoma?
Oklahoma has no state overtime law. Employers covered by the federal FLSA must pay time and one-half for hours over 40 in a workweek.
Are breaks required by law in Oklahoma?
No state requirement for workers 16 and older; company policy controls. Mandatory breaks apply only to children under 16.
When do I get my final paycheck if I'm fired in Oklahoma?
Due by the next regular payday for the pay period in which the work was done, through normal pay channels or by certified mail if the employee asks. An employer that willfully withholds undisputed wages can owe 2% of the unpaid wages per day, up to the amount owed.
When do I get my final paycheck if I quit in Oklahoma?
Due by the next regular payday, the same as when an employee is fired.
Does an employer have to pay out unused PTO in Oklahoma?
Not required by state law. If the employer has a written policy (such as a handbook) that promises payout of vacation or sick leave, that pay is treated as wages and must be paid as promised.
How often must employees be paid in Oklahoma?
At least twice each calendar month on regular paydays set in advance. Exempt employees and public employees may be paid monthly. Payday can be no more than 11 days after the pay period ends, and the employer has 3 more days after payday to pay.
Do employers have to give pay stubs in Oklahoma?
Required with every payment of wages, on paper or electronically, showing an itemized list of all deductions. Workers who are denied pay stubs can file a Pay Stub Claim with the Department of Labor.
Is paid sick leave required in Oklahoma?
No statewide paid sick leave law. State law also bars cities and other local governments from requiring employers to give paid or unpaid sick or vacation days.
Where do I file a job discrimination complaint in Oklahoma?
Office of Civil Rights Enforcement in the Oklahoma Attorney General's Office. An employment discrimination complaint must be filed within 180 days of the last discriminatory act. After the investigation, a person who receives a right-to-sue notice has 90 days to file suit.
How do I apply for unemployment in Oklahoma?
Oklahoma Employment Security Commission (OESC). Create an account and verify your identity on the OESC claimant portal, then file your claim and weekly certifications online. Phone line for weekly claims: 405-525-1500.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.