Oklahoma Minimum Wage 2026: $7.25 an Hour and the FLSA Overlap

It shall be unlawful to employ workers in any industry or occupation within the State of Oklahoma under conditions of labor detrimental to their health or morals and it shall be unlawful to employ workers in any industry within the State of Oklahoma at wages which are not adequate for their maintenance. Except as otherwise provided in the Oklahoma Minimum Wage Act, no employer within the State of Oklahoma shall pay any employee a wage of less than the current federal minimum wage for all hours worked. Amended by Laws 1983, c. 60, § 1, eff. Nov. 1, 1983.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

As used in this act: (a) "Commissioner" means the Commissioner of Labor; (b) "Wage" means compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by law; (c) "Employ" includes to suffer or to permit to work; (d) "Employer" means any individual, partnership, association, corporation, business trust, or any person or group of persons, hiring more than ten full-time employees or equivalent at any one location or place of business; provided, however, if an employer has less than ten full-time employees or equivalent at any one location or place of business but does a gross business of more than One Hundred Thousand Dollars ($100,000.00) annually, said employer shall not be exempt under the provisions of this act. This act shall not apply to employers subject to the Fair Labor Standards Act of 1938, as amended, and who are paying the minimum wage under the provisions of said act, nor to employers whose employees are exempt under paragraph (e) of this section.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

Every employer shall pay to each of his employees who have reached eighteen (18) years of age wages at a rate of not less than Two Dollars ($2.00) per hour. Regardless of other provisions of the Oklahoma Minimum Wage Act, every employee of the State of Oklahoma or any lessee or concessionaire thereof is hereby specifically covered by the Oklahoma Minimum Wage Act. Amended by Laws 1983, c. 60, § 2, eff. Nov. 1, 1983.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

A. To compute the minimum wage of any employee coming within the purview of the Oklahoma Minimum Wage Act, credit toward the minimum required wage shall be given for any tips or gratuities, meals, or lodging received by the employee provided that the employer pays a cash wage of not less than what is required under 29 C.F.R., Section 531.50(a)(1). B. To compute the minimum wage of any employee coming within the purview of the Oklahoma Minimum Wage Act should the minimum wage exceed the current federal minimum wage, credit toward the minimum required wage may be given for any tips or gratuities, meals, or lodging received by the employee. Added by Laws 1971, c. 70, § 2, eff. July 1, 1971. Amended by Laws 1980, c. 203, § 2, eff. Oct. 1, 1980; Laws 2025, c. 401, § 1, eff. Nov. 1, 2025.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

fees - Defenses. Any employer who is found by a court of competent jurisdiction to have paid an employee wages less than those to which such employee is entitled, under or by virtue of this act, shall be liable to such employee for double the full amount of such wages, less any amount actually paid to such employee by the employer, and for court costs, and such reasonable attorney fees as may be allowed by the court, which in no case shall be less than One Hundred Dollars ($100.00). Any agreement between such employee and the employer to work for less than such wage rate shall be no defense to such action. Laws 1965, c. 427, § 9, emerg. eff. July 8, 1965.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

Upon verified complaint by an employee or former employee that an employer has violated the provisions of Section 197.5 of this title by failure to pay the minimum wage thereby established, the Commissioner, or his authorized representative, is hereby empowered to make such investigation as deemed necessary to ascertain the facts concerning such charge. The Commissioner shall have the power to administer oaths and affirmations, require sworn statements, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence memoranda, and other records deemed necessary as evidence in connection with the investigation of any alleged violation of Section 197.5 of this title. All information obtained by the Commissioner, or his duly authorized representatives, shall be confidential and, except for the finding of the need for additional wages, as provided by Section 197.8 of this title, and information which is necessarily disclosed in court proceedings provided by Section 197.9 or 197.10 of this title, such information shall not be disclosed to any person. Laws 1965, c. 427, § 7, emerg. eff. July 8, 1965; Laws 1978, c.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

The Commissioner, after investigation, shall promptly make his finding in writing as to whether or not additional wages are due the employee. If the Commissioner finds that additional wages are due, ten percent (10%) of such amount due shall be added as penalty for such wage deficiency. The Commissioner shall mail said findings to the employer and to the employee by certified mail. Payment by the employer and acceptance by the employee of the amount so determined by the Commissioner shall absolve the employer of any further liability to the employee with respect to wages claimed by the employee for the period he was employed by the employer. Laws 1965, c. 427, § 8, emerg. eff. July 8, 1965; Laws 1978, c. 47, § 5, eff. July 1, 1978.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov

leave days. As a matter of public policy and due to an overriding state interest, the Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way mandated minimum wage and employee benefits regarding mandatory minimum number of vacation or sick leave days. Notwithstanding any exemption from state statutes previously allowed for certain municipalities pursuant to Section 1-101 of Title 11 of the Oklahoma Statutes, no municipality or other political subdivision of this state shall establish a mandatory minimum number of vacation or sick leave days, whether paid or unpaid, or a minimum wage rate which an employer would be required to pay or grant employees. Any existing or future ordinances, orders or regulations in this field, except as may be specifically provided in this section, are null and void. The provisions of this section shall not affect the minimum number of vacation or sick leave days, whether paid or unpaid, authorized by a municipality for its employees as a benefit of employment. Added by Laws 2014, c. 40, § 1, eff. July 1, 2014.

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov