Oklahoma employment rules for employers

Oklahoma employers with ten or more full-time employees at any one location, or with annual gross sales over $100,000, must pay at least $7.25 per hour. (U.S. DOL WHD, State Minimum Wage Laws (Oklahoma))

“Employers with ten or more full time employees at any one location or employers with annual gross sales over $100,000 irrespective of number of full time employees. Basic Minimum Rate (per hour): $7.25”

“The federal and state minimum wage of $7.25 per hour has been in effect since July 24, 2000.”

dol.gov · oklahoma.gov

One more case for this topic is not verified yet. Check the official source.

Oklahoma employees (except exempt employees) must be paid at least twice each calendar month (semi-monthly). (U.S. DOL WHD, State Payday Requirements)

“Oklahoma X”

“Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month. State, county, municipal and exempt employees shall be paid a minimum of once each calendar month.”

dol.gov · oklahoma.gov

No state meal break requirement for adult employees in private employment. (U.S. DOL WHD, Meal Period Requirements Under State Law for Adult Employees in Private Sector)

“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”

“Neither federal nor state law requires employers to provide breaks to employees that are 16 or older.”

dol.gov · oklahoma.gov

No state rest break requirement for adult employees in private employment. (U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector)

“1 States not listed do not require paid rest periods.”

“Neither federal nor state law requires employers to provide breaks to employees that are 16 or older.”

dol.gov · oklahoma.gov

Whether the employee is fired or quits, wages must be paid in full (less offsets and amounts in bona fide dispute) by the next regular designated payday for the pay period in which the work was performed. (40 O.S. § 165.3(A), as published by the Oklahoma Department of Labor (Wage Law compilation))

“Whenever an employee’s employment terminates, the employer shall pay the employee’s wages in full, less offsets and less any amount over which a bona fide disagreement exists, as defined by Section 165. 1 of this title, at the next regular designated payday established for the pay period in which the work was performed”

“No. An employer may wait until the next regularly designated payday regardless of whether you quit or were fired.”

oklahoma.gov · oklahoma.gov

Whether the employee is fired or quits, wages must be paid in full (less offsets and amounts in bona fide dispute) by the next regular designated payday for the pay period in which the work was performed. (40 O.S. § 165.3(A), as published by the Oklahoma Department of Labor (Wage Law compilation))

“Whenever an employee’s employment terminates, the employer shall pay the employee’s wages in full, less offsets and less any amount over which a bona fide disagreement exists, as defined by Section 165. 1 of this title, at the next regular designated payday established for the pay period in which the work was performed”

“No. An employer may wait until the next regularly designated payday regardless of whether you quit or were fired.”

oklahoma.gov · oklahoma.gov

Oklahoma has no mandatory benefits law. If the employer has a written policy (like an employee handbook) that promises payout of vacation, that vacation payout is legally considered wages; eligibility depends on the employer's policy. (Oklahoma Dept. of Labor, Protect Your Pay)

“If your employer has a written policy (like in an employee handbook) that promises payout of vacation, sick leave, or bonuses—those are legally considered wages.”

“Oklahoma has no mandatory benefits law. However, if the employer has an established policy providing for benefits, the employee may or may not be eligible depending upon the employer’s eligibility criteria.”

oklahoma.gov · oklahoma.gov

Oklahoma recognizes a narrow tort (the Burk tort, from Burk v. K-Mart Corp.) for an at-will employee fired for refusing to violate, or for acting consistently with, a clear and compelling public policy articulated in Oklahoma constitutional, statutory or decisional law. (U.S. Court of Appeals, 10th Cir., No. 06-5205, citing Burk v. K-Mart Corp., 770 P.2d 24, 29 (Okla. 1989))

“Under Oklahoma law, a tort claim can be premised on the termination of an at-will employee in violation of a public policy.”

“In Burk, the Oklahoma Supreme Court carved out a narrow exception to the Oklahoma employment-at-will doctrine by recognizing a tort cause of action "where an employee is discharged for refusing to act in violation of an established and well-defined public policy or for performing an act consistent with a clear and compelling public policy."”

govinfo.gov · govinfo.gov

Oklahoma recognizes implied employment contracts, including ones based on handbooks and policy manuals (Hinson v. Cameron; Hayes v. Eateries); courts balance factors such as separate consideration, length of employment, handbooks, detrimental reliance and promotions, and vague assurances are not enough. (Wood v. Handy & Harman Co., No. 06-5226 (10th Cir. Aug. 1, 2008) (unpublished), quoting Bowen v. Income Prod'g Mgmt., 202 F.3d 1282, 1284 (10th Cir. 2000), citing Hinson v. Cameron, 742 P.2d 549, 554-55 (Okla. 1987))

“To determine whether the parties intended to form a contract, five factors are balanced: (a) evidence of “separate consideration” beyond the employee’s services; (b) length of employment; (c) employer handbooks and policy manuals; (d) detrimental reliance by the employee; and (e) promotions and commendations.”

“Notably, these cases are based on Oklahoma Supreme Court decisions such as Hayes v. Eateries, Inc., 905 P.2d 778 (Okla. 1995), and Hinson v. Cameron, 742 P.2d 549 (Okla. 1987), that apply principles of implied contract to employee handbooks and manuals.”

ca10.uscourts.gov · govinfo.gov

Oklahoma does not imply a covenant of good faith and fair dealing in at-will employment (Burk v. K-Mart Corp.), so an at-will employee cannot sue for a bad-faith termination. (Langston v. Therma-Tru Corp., No. 6:07-cv-00250 (E.D. Okla. Jan. 18, 2008), citing Burk v. K-Mart Corp., 770 P.2d 24, 27 (Okla. 1989))

“Under Oklahoma law, there is no implied covenant of good faith and fair dealing in at-will employment contracts.”

“After the Burk decision, a terminated at-will employee cannot bring suit against a former employer for an alleged bad faith termination.”

govinfo.gov · govinfo.gov