Minimum Wage Legislation in Oklahoma

1. What is the current minimum wage in Oklahoma and how does it compare to federal minimum wage?

The current minimum wage in Oklahoma is $7.25 per hour, which is the same as the federal minimum wage.

2. Has there been any recent legislation to increase the minimum wage in Oklahoma?
No, there has not been any recent legislation to increase the minimum wage in Oklahoma. The state’s minimum wage has remained at $7.25 per hour since 2008.

2. Has there been any recent legislation proposed to increase the minimum wage in Oklahoma?

Yes, there have been several proposed legislations in Oklahoma to increase the minimum wage.

One example is House Bill 1084, which was introduced in February 2021 and seeks to raise the state’s minimum wage from $7.25 to $10.50 by January 2022, with additional incremental increases every year until it reaches $15 in 2026.

Another proposal is State Question 796, which was filed in May 2020 and aims to amend the Oklahoma constitution to gradually increase the minimum wage to $9.50 by January 2021 and then $12 by January 2023.

In addition, some localities in Oklahoma have taken steps to increase their own minimum wages. For example, the city of Norman passed an ordinance in October 2019 that would raise the local minimum wage for all city employees and contractors to $13 per hour by January 2022.

However, none of these proposals have been passed into law yet. It remains a controversial issue in Oklahoma, with some arguing that increasing the minimum wage could harm small businesses and result in job losses.

3. Are there any exemptions or exceptions to the minimum wage law in Oklahoma?

Yes, there are several exemptions and exceptions to the minimum wage law in Oklahoma. These include:

– Tipped employees: Employers can pay tipped employees a lower minimum cash wage of $2.00 per hour, as long as their tips make up the difference between this rate and the regular minimum wage.
– Full-time students: Individuals who are enrolled full-time in a recognized educational institution can be paid 85% of the regular minimum wage.
– Learners, apprentices, and messengers: These workers may be paid 75% of the regular minimum wage for the first 90 days of employment.
– Disabled workers: Workers with disabilities that impair their productivity may be paid a subminimum wage under certain conditions.
– Agricultural workers: Agricultural workers who work on a piece-rate basis may be exempt from the minimum wage law.
– Certain commissioned employees: Employees who earn commissions may have different rules for calculating their minimum wage.
– Small businesses: Businesses with less than 10 full-time employees or gross annual sales of less than $100,000 are not required to pay the state minimum wage.

Additionally, there are certain industries that may have their own specific exemptions or exceptions under federal or state law. It is important for employers to research and understand these exemptions to ensure compliance with state and federal laws.

4. How often does the minimum wage in Oklahoma get reviewed and potentially adjusted?


The minimum wage in Oklahoma is reviewed every year by the Oklahoma Department of Labor. The possibility of adjusting the minimum wage is evaluated during this annual review. However, any changes to the minimum wage must be approved by the state legislature and signed into law by the governor.

5. Is there a difference in minimum wage for different industries or job types within Oklahoma?


Yes, there is a difference in minimum wage for different industries and job types within Oklahoma. The current minimum wage in Oklahoma is $7.25 per hour for most employees, but some industries have a lower minimum wage. Tipped employees in the hospitality industry are only required to be paid a minimum of $2.13 per hour, as long as their tips bring their total compensation to at least the regular minimum wage of $7.25 per hour. Agricultural employees also have a lower minimum wage of $2.00 per hour if they work on a farm that did not generate sales of at least $500,000 in the previous calendar year.

Additionally, certain job types may have different minimum wage requirements based on their classification under state or federal laws. For example, youth workers (ages 14-17) may be paid 85% of the regular minimum wage for the first 90 days of employment. Domestic workers, such as housekeepers and childcare providers, may also have a specific minimum wage set by state law.

It’s important for both employers and employees to understand the applicable minimum wage requirements for their industry and job type in Oklahoma to ensure fair compensation is being provided.

6. Have there been any significant changes to the minimum wage laws in Oklahoma over the past decade?


Yes, there have been a few changes to the minimum wage laws in Oklahoma over the past decade.

1. In 2016, the state minimum wage was increased from $7.25 to $7.50 per hour.

2. In 2018, the state minimum wage was increased again from $7.50 to $7.85 per hour.

3. The tipped minimum wage, which applies to employees who receive tips as part of their compensation, also saw an increase in 2018 from $2.13 to $2.13 to match the federal tipped minimum wage.

4. In 2020, voters approved State Question 788 which legalized medical marijuana and included a provision for employers to set their own policies regarding drug testing and use by employees.

5. Additionally, many municipalities in Oklahoma have passed local laws that set their own higher minimum wages above the state level. For example, in 2015 Tulsa passed an ordinance that gradually increased its municipal minimum wage from $2 less than the federal rate to matching it by January 2020.

6. There have also been ongoing discussions and efforts by various advocacy groups and lawmakers to raise the state minimum wage above its current level of $7.85 per hour.

7. How does Oklahoma’s minimum wage compare to neighboring states?


As of January 2021, the minimum wage in Oklahoma is $7.25 per hour, which is the same as the federal minimum wage.

In comparison to neighboring states, Arkansas has a state minimum wage of $11.00 per hour, Texas has a state minimum wage of $7.25 per hour, Kansas has a state minimum wage of $7.25 per hour, and Colorado has a state minimum wage of $12.32 per hour.

This shows that Oklahoma’s minimum wage is lower than many of its neighboring states and is on par with only one other state (Texas).

8. Is it legal for employers in Oklahoma to pay less than minimum wage, such as through tip credits or youth wages?


Yes, it is legal for employers in Oklahoma to pay less than the minimum wage in certain circumstances. Employers can use tip credits to pay employees who receive tips a lower cash wage than the minimum wage, as long as the total amount earned through tips and the cash wage combined equals at least the minimum wage. Additionally, employers can pay a youth minimum wage to workers who are under 20 years old for the first 90 consecutive days of employment. This youth rate must be at least $4.25 per hour but cannot be higher than the federal minimum wage of $7.25 per hour.

9. Are small businesses exempt from paying the state minimum wage in Oklahoma?

Yes, small businesses in Oklahoma may be exempt from paying the state minimum wage depending on their annual gross sales. Businesses with annual gross sales of $100,000 or less are not required to pay the state minimum wage. However, they must still comply with federal minimum wage laws.

10. What is considered a livable or fair wage according to cost of living in Oklahoma?


According to the MIT Living Wage Calculator, the livable wage for a single adult in Oklahoma is $11.93 per hour. This takes into account basic expenses such as food, housing, transportation, healthcare, and taxes. A fair wage would depend on individual circumstances and may vary based on factors such as education level, job skills, industry, and experience. However, generally speaking, a fair wage would provide enough income for an individual or family to meet their basic needs and maintain a reasonable standard of living.

11. Does Oklahoma have a plan for gradually increasing the minimum wage towards a certain target amount?


No, Oklahoma does not currently have a plan for gradually increasing the minimum wage.

12. Are there any debates or controversies surrounding the current minimum wage laws in Oklahoma?


Yes, there are debates and controversies surrounding the current minimum wage laws in Oklahoma.

One of the main controversies is the fact that Oklahoma’s minimum wage is currently lower than the federal minimum wage of $7.25 per hour. This means that workers in Oklahoma earn less than workers in most other states, which can create economic hardship for low-wage workers.

Another debate centers around whether or not the minimum wage in Oklahoma should be increased. Supporters of an increase argue that it would help lift families out of poverty and stimulate the economy, while opponents argue that it could lead to job loss and hurt small businesses.

There is also debate over whether or not certain groups, such as tipped workers and youth workers, should be exempt from the minimum wage requirements. Some argue that these exemptions create unfair and exploitative working conditions for these groups.

Additionally, there are discussions about implementing a living wage instead of a minimum wage in Oklahoma. A living wage takes into account the cost of living and aims to ensure that full-time workers can cover their basic expenses, unlike the minimum wage which may not provide enough income for individuals to make ends meet.

Overall, there are ongoing debates and controversies surrounding Oklahoma’s minimum wage laws as advocates continue to push for higher wages and better working conditions for low-wage workers in the state.

13. Do employees who receive tips have a separate, lower minimum wage requirement in Oklahoma?

Yes, employees who regularly receive tips as part of their job duties have a separate, lower minimum wage requirement in Oklahoma. According to state law, employers may pay tipped employees a minimum cash wage of $2.00 per hour if they earn at least $20 in tips each month and the combined wages and tips equal or exceed the state minimum wage rate of $7.25 per hour ($5.75 per hour for employees of businesses with annual gross revenues of less than $100,000). If an employee’s wages and tips do not equal the state minimum wage rate for all hours worked in any given week, the employer must make up the difference in cash. The amount of tips received by an employee must be reported and substantiated by the employee to the employer under federal law.

Employees who are not tipped employees, such as those who work in fast food establishments or other service industries where tipping is not customary, are subject to the general minimum wage rate of $7.25 per hour ($5.75 per hour for employees of businesses with annual gross revenues of less than $100,000).

14. Are non-profit organizations exempt from paying their employees at least state minimum wage in Oklahoma?


No, non-profit organizations in Oklahoma are subject to the state minimum wage law and are required to pay their employees at least the state minimum wage.

15. What are the consequences for employers who violate the state’s minimum wage laws in Oklahoma?


Employers who violate the state’s minimum wage laws in Oklahoma may face penalties such as fines, back wages owed to employees, and possible criminal charges. The amount of fines and penalties may vary depending on the severity of the violation and the employer’s history of violations. In addition, employers who willfully or repeatedly violate minimum wage laws may be subject to additional penalties and sanctions. Employees also have the right to file a complaint with the Oklahoma Department of Labor against their employer for non-compliance with minimum wage laws.

16. How does overtime pay affect employees who are paid at or near the state’s minimum wage level in Oklahoma?

Overtime pay does not impact the minimum wage rate in Oklahoma. Employees who are paid at or near the state’s minimum wage level are still entitled to receive overtime pay for any hours worked over 40 in a workweek at a rate of 1.5 times their regular hourly rate. For example, an employee who is paid $8 per hour and works 45 hours in a week would be entitled to receive their regular pay of $8 for the first 40 hours, and then an additional $12 ($8 x 1.5) for the five hours of overtime worked.

17. Are there any specific industries or job types that are exempt from following state-level minimum wage laws in Oklahoma?


No, there are no specific industries or job types that are exempt from following state-level minimum wage laws in Oklahoma. All employers and employees are subject to the state’s minimum wage requirements, unless they fall under one of the federal exemptions outlined by the Fair Labor Standards Act.

18. If an employee works remotely for a company based outside of Oklahoma, do they still receive at least state-mandated minimum wage?


Yes, all employees working remotely for a company are entitled to at least the state-mandated minimum wage regardless of where the company is based. The minimum wage laws of the state where the employee is physically performing their work apply. In this case, if the employee works remotely in Oklahoma, they will be entitled to the state’s minimum wage.

19. Are there any age restrictions for employees earning the minimum wage in Oklahoma?


No, there are no age restrictions for employees earning the minimum wage in Oklahoma. As long as an employee is legally allowed to work in the United States, they are entitled to receive at least the minimum wage for their work.

20. In what ways does Oklahoma enforce compliance with their minimum wage laws?


Oklahoma enforces compliance with their minimum wage laws in the following ways:

1. Department of Labor: The Oklahoma Department of Labor is responsible for enforcing the state’s minimum wage laws. They conduct investigations, inspections, and audits to ensure that employers are paying their employees at least the minimum wage.

2. Employee Complaints: Employees who believe they are being paid below the minimum wage can file a complaint with the Oklahoma Department of Labor. The department will then investigate and take action against non-compliant employers.

3. Civil Penalties: Employers who violate Oklahoma’s minimum wage laws may face civil penalties, which can include fines and back pay for impacted employees.

4. Criminal Penalties: Employers who willfully violate Oklahoma’s minimum wage laws may also face criminal penalties, such as imprisonment or steep fines.

5. Record-Keeping Requirements: Employers in Oklahoma are required to keep accurate records of their employees’ hours worked and wages paid. This ensures that employees are receiving at least the minimum wage as mandated by law.

6. Public Awareness Campaigns: The Oklahoma Department of Labor conducts public awareness campaigns to educate employers and employees about their rights and responsibilities under the state’s minimum wage laws.

7. Workplace Postings: Employers in Oklahoma must display posters or notices in a conspicuous location informing employees about their rights to minimum wage and overtime pay.

8. Regular Compliance Audits: The Oklahoma Department of Labor conducts regular audits to ensure that employers are complying with state labor laws, including the minimum wage requirement.

9. Cooperation with Federal Agencies: The Department of Labor often collaborates with federal agencies such as the Wage and Hour Division of the United States Department of Labor to enforce compliance with minimum wage laws at both state and federal levels.

10. Legal Action: In cases where an employer is found to be deliberately violating minimum wage laws, legal action can be taken against them by either impacted employees or government agencies on their behalf.