Employment and labor laws in Oklahoma [Updated 2024]
Employment laws benefit both employers and employees by protecting workers from unsafe working conditions and discrimination and providing employers with guidance on pay, hiring, terminations, and more.
US employers are required to follow both federal and state regulations. In Oklahoma, most of the state laws mirror federal ones. Still, there are a few local regulations that must be adhered to, such as laws pertaining to workers’ compensation and employees' rights to private social media accounts. To avoid penalties, it’s essential to comply with local labor and employment laws.
Let Rippling’s Professional Employer Organization service manage your tax registration and compliance with Oklahoma's regulations so you can scale faster.
Employment vs. labor law: What’s the difference?
Many people often use "employment law" and "labor law" interchangeably. But there are legal distinctions between the two. Employment law deals with issues related to the relationship between an employer and an individual employee. Labor law, on the other hand, pertains to matters between an employer and a group of employees, typically a labor union.
Here’s a quick breakdown of each term:
- Employment law covers hiring practices, wages, hours, overtime, child labor laws, discrimination, and retaliation.
- Labor law covers union-related topics, such as membership, dues, collective bargaining, and any other group activities.
Wages and hours in Oklahoma
If a company pays its employees in Oklahoma, it must comply with both state and federal laws to ensure that employees' rights are protected. The Oklahoma Department of Labor (ODOL) is responsible for enforcing these laws, which include the Fair Labor Standards Act (FLSA).
Minimum Wage in Oklahoma
Since July 24, 2009, the Oklahoma minimum wage has been $7.25, which is the same as the federal minimum wage. Per Oklahoma state laws, employers must pay their employees the regular minimum wage if their company has at least 10 full-time employees or gross profits of more than $100,000 annually, with a few exemptions.
When setting hourly wages for employees, Rippling automatically flags minimum wage law violations based on the states where employees are located.
Overtime pay in Oklahoma
Oklahoma doesn’t have any state-specific laws regarding overtime or the maximum number of hours an employee can work. Therefore, the state follows the overtime pay standards established by the FLSA. Under the FLSA, if non-exempt employees work more than 40 hours in a workweek, they’re entitled to compensation at a rate of at least one and a half times their regular pay rate for all additional hours worked.
Rippling’s payroll software makes sure you adhere to overtime laws, automatically applying the correct pay rates when an employee’s hours trigger overtime pay requirements.
Pay transparency in Oklahoma
Pay transparency laws require companies to disclose salary ranges to job applicants and employees. These laws foster trust between employers and employees and help prevent wage discrimination based on factors such as age, gender, and race. So far, the state of Oklahoma has not passed any pay transparency laws, but that could change in the future.
Rippling detects and alerts you of compensation band adjustments during onboarding, allowing you to approve special cases while blocking others.
Breaks and rest periods in Oklahoma
Oklahoma employers aren’t legally required to provide rest or meal breaks to their employees. However, many employers still choose to offer rest breaks and meal breaks to help prevent employee burnout. Under the FLSA, if a break lasts between five and 20 minutes, it must be paid, while breaks lasting more than 20 minutes can be unpaid—as long as the employee is able to leave their work area and be fully relieved of their duties for the entire break time.
In Oklahoma, employers aren’t required to provide breaks to express breast milk if doing so would create an undue hardship on their operations.
Leaves of absence in Oklahoma
Oklahoma has few laws regarding leave, but those that exist closely follow federal guidelines. Here's what you need to know.
Vacation time
Private employers in Oklahoma aren’t required to provide paid or unpaid vacation leave, but employees are entitled to it if it’s stipulated in their employment contracts.
Family and medical leave
Although Oklahoma labor laws don’t require employers to provide family and medical leave to their employees, employers with 50+ workers must comply with the federal Family and Medical Leave Act (FMLA). The FMLA allows qualifying employees to take up to 12 weeks of unpaid leave each year to recover from a serious illness or injury, care for a family member, welcome a new child, or take care of other personal circumstances.
Military leave
Employees on active duty or authorized training in the military have the right to take a leave of absence from work under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Once they return, they’re entitled to reinstatement to their previous position with the same seniority, pay, and benefits.
Jury duty leave
In Oklahoma, an employer isn’t required to pay an employee for time spent responding to a jury summons or serving on a jury. However, it’s illegal to discharge an employee or require them to use paid vacation leave for jury duty.
Voting leave
Under Oklahoma law, employees are entitled to two hours of time off to vote as long as they don’t have at least three hours before or after their shift when the polls are open (if they do, their employer isn’t required to give them any time off). Employees must make their request for voting leave at least three days in advance, and the employer can choose the time when they can go vote. Voting leave must be paid if the employee provides proof that they voted. Employers who fail to comply with this law may face fines.
Holiday leave
Private employers aren’t legally required to offer paid or unpaid holiday leave. However, employees are entitled to holiday leave if it’s included in their employment contract.
Pregnancy disability leave in Oklahoma
Oklahoma doesn’t have specific state laws regarding pregnancy disability; therefore, the FMLA applies when employees qualify.
Under the FMLA, employers must provide up to 12 weeks of unpaid leave for protected pregnancy reasons for non-exempt employees. These reasons include, but are not limited to:
- Severe morning sickness
- Loss of the pregnancy
- Childbirth
- Recovery from childbirth
It’s illegal for an employer to fire an employee due to pregnancy-related disability. Employees are entitled to unpaid time off without the risk of losing their jobs under the FMLA.
Paid sick leave in Oklahoma
Oklahoma has no state-specific laws mandating paid or unpaid sick leave beyond the federal Family and Medical Leave Act.
Rippling helps you automate and customize your leave policy with full visibility into how your employees use it.
Workplace safety in Oklahoma
Employers are responsible for ensuring that the working environment is safe and healthy for all employees. This includes providing occupational safety training to workers, identifying and eliminating hazards, and implementing policies that safeguard employees from injuries, illnesses, or fatalities in the workplace.
The United States has established federal laws that ensure safe workplaces for employees. These laws are enforced by the Occupational Health and Safety Administration (OSHA). While some states have additional regulations to supplement these laws, Oklahoma has no OSHA statutes of its own.
Oklahoma does have child labor laws, though. In the Sooner State, minors under 16 years of age are barred from working in manufacturing, mining, and other hazardous industries.
Rippling's PEO offers a pay-as-you-go workers' comp plan, allowing you to scale your business stress-free in Oklahoma and across the US.
Discrimination and harassment laws in Oklahoma
The Oklahoma Anti-Discrimination Act prohibits discrimination in employment, housing, and public accommodation. Employers also need to abide by federal laws, which include the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the National Labor Relations Act (NLRA). It’s illegal for employers to discriminate against or harass employees based on a range of factors, including:
- Race
- Ethnicity
- Ancestry
- Religion
- National origin
- Disability
- Sex
- Sexual orientation
- Gender
- Citizenship status
- Genetic information
- Age (40 and over)
The Office of Civil Rights Enforcement (OCRE) enforces Oklahoma's anti-discrimination laws. Employers are required to comply with these laws throughout the entire employment relationship, from the hiring process to payment, promotions, and termination.
Harassment can take various forms, such as verbal, physical, or visual actions, and can happen at work or outside of it. In Oklahoma, it's against the law for anyone to harass an employee at work, regardless of your company's size. Harassment can include offensive jokes, insults, racial or sexual slurs, physical or sexual assaults, verbal threats, inappropriate objects or images, and any other behavior that disrupts an employee's well-being and job performance.
The law protects you from being discriminated against if you report workplace harassment or participate in an investigation. Employers are responsible not only for their behavior but also for the actions and words of their employees, even if they are unaware of them.
While not legally required in Oklahoma, it is recommended that employers offer sexual harassment training to their employees in all states. Rippling's Learning Management System provides training courses that are customized according to each employee’s location to ensure compliance with state regulations.
Unions in Oklahoma
When employees join together to promote fair working conditions, they form a labor union. Unions negotiate with employers over the terms of employment contracts to advocate for better wages, increased overtime pay, and improved benefits, such as better healthcare.
Under the National Labor Relations Act (NLRA), US labor law guarantees employees certain rights, including the right to:
- Organize or join a union to negotiate with their employer.
- Bargain collectively by choosing their own representatives.
- Discuss their employment terms and conditions with coworkers.
- Take action to improve working conditions; employees can file complaints with their employer or the government or seek help from a union.
- Strike and picket, depending on the reason.
- Abstain from joining a union.
The National Labor Relations Act (NLRA) prohibits any form of coercion by employers or labor unions toward employees for supporting or not supporting a union. For example, employers can’t terminate workers for joining a union as a condition of employment, and labor unions aren’t allowed to threaten employees who choose not to become members.
In addition to federal legislation, Oklahoma is a right-to-work state. Under right-to-work laws, employees have the right to decide whether or not they want to become union members.
FAQs about Oklahoma labor and employment laws
Are independent contractors covered under Oklahoma employment laws?
No, independent contractors in Oklahoma are exempt from employment laws governing wages and working hours. Our analyzer tool ensures you correctly classify workers to comply with employment laws.
Does at-will employment exist in Oklahoma?
Yes, Oklahoma is an at-will employment state—meaning either the employer or the employee can end the employment relationship without notice or reason.
What privacy rights do employees have in Oklahoma?
Federal law provides privacy protection for electronic communications, but employers in Oklahoma can generally monitor their employees' internet and email usage on work computers if they are used “for business purposes.” However, it’s illegal for employers to ask applicants or employees for their social media usernames and passwords, according to Oklahoma statute §40-173.2.
Are background checks legal in Oklahoma?
Yes. In Oklahoma, employers can conduct background checks on job applicants and employees as long as they have the applicant's or employee's prior consent.
Are whistleblowers protected in Oklahoma?
It depends. The Oklahoma whistleblower law is designed to promote and safeguard the disclosure of improper governmental activities while also preventing any form of retaliation against public employees who report illegal activities. However, in the private sector, there are few safeguards in place. Specific state-level protections are limited to child labor, workers’ compensation claims, and age discrimination cases.
Is workers’ compensation coverage required in Oklahoma?
Yes. Per Oklahoma state law, most employers are required to provide workers' compensation coverage to their employees, with a few exceptions. Coverage is typically obtained through a private insurance company. The Oklahoma Workers' Compensation Commission (OWCC) is responsible for managing and processing workers' comp claims.
Are there required healthcare benefits in Oklahoma?
Federal law requires employers with 50 or more full-time employees to provide health insurance coverage. Oklahoma doesn’t have any additional mandates for employers to follow.
Are Oklahoma employers required to provide bereavement leave?
Employers in Oklahoma aren’t legally required to provide any type of bereavement leave, whether paid or unpaid, or to allow time off for employees to attend the funeral of an immediate family member.
What employee protections are available in Oklahoma if layoffs occur?
Oklahoma employers with 100+ full-time workers must comply with the federal Worker Adjustment and Retraining Notification (WARN) Act, which mandates a 60-day notice period for mass layoffs.
Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.
