labor lawAdivision of labor law center

 On July 24, 2008, when the federal minimum wage increased to $6.55 per hour, the Oklahoma state minimum wage increased, too. The state law for the Oklahoma minimum wage doesn’t even contain a dollar amount, but merely requires the state to match the federal minimum wage.

The increase in the federal minimum wage was the second in a series of three 70-cent increased mandated by the Fair Minimum Wage Act of 2007. The next increase in the federal minimum wage will occur on July 24, 2009, so the Oklahoma state minimum wage will increase on that date, as well.

The state minimum wage, according to the Oklahoma Department of Labor, applies to companies with at least 10 full-time workers in a single location. Also covered by the state minimum wage law are companies with annual revenue of $100,000 or more, no matter how many workers they employ.

The Oklahoma law excludes a number of employees from the state minimum wage. These employees are found in a wide range of industries, including charitable or non-profit organizations, domestic service in private homes, agriculture and newspaper distribution.

In addition, any Oklahoma employer covered by the Fair Labor Standards Act or FLSA is exempt from the stae minimum wage law. The FLSA is the primary statute covering the federal minimum wage, and applies to companies that have revenue over $500,000 per year. The FLSA also covers any business that engages in interstate commerce.

Another exemption under Oklahoma minimum wage law refers to companies with fewer than 10 workers and annual earnings of less than $100,000. This exemption is not well known, but it allows smaller companies to pay as little as $2.00 per hour.

Oklahoma employees who work less than 25 hours per week are also exempt from the state minimum wage. A number of salaried employees including managers, professionals, outside salespeople and executives are exempt from both federal and Oklahoma minimum wage laws.

No overtime law extists at the state level for Oklahoma employees. Instead, most employers must pay 1.5 times the usual hourly rate to employees when they work more than 40 hours per week, under federal law.

 

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