Oklahoma Minimum Wage Increase

July 15th, 2008 Posted by Amelia

On July 24, 2008 when the federal minimum wage increase to $6.55 per hour, the Oklahoma state minimum wage will, as well. This is the second in a series of 3 70-cent increases in the federal minimum wage introduced by the Fair Minimum Wage Act of 2007. The federal minimum wage will increase from $5.85 to $6.55 per hour.

 

By state statute, the Oklahoma minimum wage increases when the federal minimum wage does. In fact, according to the US Department of Labor, the Oklahoma state minimum wage statute doesn’t even contain a dollar amount. It simply adopts the federal minimum wage rate by reference.

 

The state minimum wage excludes any employer who is subject to the Fair Labor Standards Act or FLSA – the primary federal minimum wage statute. Employers with annual revenue of $500,000 or more, or those who engage in interstate commerce, are covered by the FLSA.

 

According to the Oklahoma Department of Labor, the state minimum wage applies to employers with 10 or more full-time employees at a single location. It also applies to all employers with revenue of $100,000 or more, regardless of the number of employees.

 

Under a little-known exemption, employers in Oklahoma with annual revenue of less than $100,000 and fewer than 10 employees, can legally pay workers as little as $2.00 per hour. Every employee over the age of 18 must be paid at least $2.00 per hour under the state law.

 

The Oklahoma minimum wage law specifically excludes a number of employees, including those in domestic service in private homes. It also excludes volunteers in charitable or non-profit organizations (but not businesses.)

 

Other individuals who are excluded from the state minimum wage include:

  • Federal government employees
  • Newspaper carriers or vendors
  • Agricultural workers
  • Temporary part-time workers
  • Students under 22 years old

  • Feed store employees
  • Reserve Deputy Sheriffs

  • Youths under 18 (unless they have graduated high school or vocational school)

    • The exemption for part-time workers applies to those who work less than 25 hours per week. The state law also exempts most executives, managers administrative or professional employees and outside salespeople, as does federal law.

     

    Oklahoma has no overtime law at the state level. Instead, employees are entitled to overtime under the federal FLSA. This law requires that most workers be paid 1.5 times their usual hourly rate when they work more than 40 hours in a workweek.   

     

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    Posted in Employment Laws, Minimum Wage, Oklahoma, Wage and Hour
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