🇺🇸 Oklahoma Overtime Laws — 2026 UPDATE

Overtime Laws in Oklahoma 2026: Pay Rates, Exemptions & Tax Deduction (2026)

⚠️Informational only — not legal or tax advice.

Guide for Oklahoma overtime laws 2026

Last verified: March 3, 2026

Next scheduled review: June 3, 2026

Overtime in Oklahoma 2026

Table of Contents

Oklahoma Overtime Laws at a Glance (2026)

Oklahoma Overtime Law Overview (2026)
Item Details
Overtime threshold 40 hours per workweek
Overtime pay rate 1.5× regular rate of pay
Double time No — not required under Oklahoma or federal law
7th consecutive day rule No
State minimum wage (2026) $7.25/hour (equals federal minimum)
Exempt salary threshold (2026) Federal: $684/week ($35,568/year)
Daily overtime No — weekly calculation only
State overtime statute None — governed by federal FLSA
State enforcement agency Oklahoma Department of Labor — Wage & Hour Unit
Federal enforcement U.S. DOL Wage and Hour Division
Overtime tax deduction (federal) Up to $12,500/year (2025–2028) — FLSA-covered workers
Statute of limitations 5 years (state wage claims) / 2 years FLSA (3 if willful)

Governing law: Fair Labor Standards Act, 29 U.S.C. § 207; Oklahoma Protection of Labor Act, 40 O.S. §§ 165.1–165.9
Last verified: March 3, 2026

Does Oklahoma Have Its Own Overtime Law?

Oklahoma does not have a separate state overtime statute. Overtime in Oklahoma is governed entirely by the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207.

Under the FLSA, nonexempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. Oklahoma has no daily overtime requirement and no double-time obligation beyond what the FLSA requires.

The Oklahoma Minimum Wage Act (40 O.S. § 197.1 et seq.) establishes a state minimum wage, but it tracks the federal rate of $7.25/hour. The state law contains no overtime provisions of its own. Because Oklahoma law does not provide any overtime protections beyond federal law, the FLSA is the sole source of overtime rights for workers in the state.

Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207
U.S. DOL Overtime Page: https://www.dol.gov/agencies/whd/overtime
Oklahoma Department of Labor — Wage & Hour: https://oklahoma.gov/labor/workplace-rights/wage-hour.html

How Overtime Pay Is Calculated in Oklahoma

What Is a “Workweek”?

Under the FLSA, a workweek is a fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). A workweek does not have to start on Monday or align with a calendar week — the employer may designate any day and time as the start of the workweek.

Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours in one week and 30 hours the next, overtime is owed for the first week regardless of the second week’s hours.

Source: 29 C.F.R. §§ 778.104–778.105

Pay Rates

Under the FLSA, nonexempt employees in Oklahoma earn overtime at the following rate:

Time-and-a-half (1.5× regular rate):

  • All hours worked over 40 in a workweek

Oklahoma has no daily overtime requirement. Working more than 8 hours in a single day does not trigger overtime pay unless the employee’s total hours in that workweek exceed 40.

What Counts as the “Regular Rate of Pay”

The regular rate is not always the same as the hourly wage. Under 29 C.F.R. § 778.108, the regular rate includes:

  • Base hourly rate or salary equivalent
  • Non-discretionary bonuses and incentive pay
  • Shift differentials
  • Commissions
  • Piece-rate earnings

The regular rate does not include:

  • Discretionary bonuses (e.g., holiday gifts)
  • Employer contributions to benefit plans
  • Vacation, holiday, or sick pay when no work is performed

Calculation Example

Example — Weekly overtime in Oklahoma:

An employee earns $7.25/hour (Oklahoma/federal minimum wage) and works 48 hours in one workweek:

  • Regular pay: 40 hours × $7.25 = $290.00
  • Overtime rate: $7.25 × 1.5 = $10.875/hour
  • Overtime pay: 8 hours × $10.875 = $87.00
  • Total weekly gross pay: $377.00

For the current Oklahoma minimum wage used in this calculation, see the Oklahoma Minimum Wage page.

Source: 29 U.S.C. § 207; 29 C.F.R. §§ 778.108–778.122

Who Is Exempt from Overtime in Oklahoma?

Not all employees in Oklahoma are entitled to overtime pay. Certain employees are classified as “exempt” under the FLSA.

Federal FLSA Exemption Requirements

To be exempt from overtime under the FLSA, an employee must meet all three criteria:

1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly)

2. Salary level test: Earn at least $684 per week ($35,568 per year)

3. Duties test: Perform specific job duties in one of these categories:

Overtime Exemptions — Oklahoma (2026)
Exemption Key duty requirement
Executive Manages enterprise or department; directs 2+ employees; authority to hire/fire
Administrative Office/non-manual work related to management or business operations; exercises independent judgment
Professional Work requiring advanced knowledge in science or learning (prolonged specialized study)
Computer employee Systems analysis, programming, software engineering — $684/week salary OR $27.63/hour
Outside sales Primary duty is making sales away from employer's place of business

All three tests must be met simultaneously. An employee who earns $684/week on a salary basis but does not perform qualifying duties remains nonexempt and entitled to overtime.

Source: 29 C.F.R. Part 541 Federal regulations: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-541

What Happened to the 2024 DOL Salary Threshold Increase?

In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128 per week ($58,656/year) effective January 1, 2025.

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).

The salary threshold remains $684/week ($35,568/year) as of 2026.

Oklahoma Exempt Salary Threshold (2026)

Oklahoma does not set its own exempt salary threshold. The federal FLSA threshold of $684/week ($35,568/year) is the operative standard for Oklahoma workers.

Unlike a handful of states that set higher thresholds, Oklahoma employers need only meet the federal standard for exemption purposes.

Can Salaried Employees Get Overtime in Oklahoma?

Yes. Being paid a salary does not automatically make an employee exempt from overtime. Salaried employees who earn less than $684/week, or who do not meet the applicable duties test, are nonexempt and entitled to overtime pay for all hours over 40 in a workweek.

Source: 29 C.F.R. § 541.600; https://www.dol.gov/agencies/whd/overtime/screen75

Overtime Tax Deduction: "No Tax on Overtime" (2025-2028)

The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code section 225.

This deduction is available for tax years 2025 through 2028.

Who Is Eligible

  • Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. section 207)
  • Must have a Social Security number valid for employment
  • Cannot use the Married Filing Separately filing status

Who is NOT eligible:

  • Exempt (salaried) employees who do not receive FLSA overtime
  • Independent contractors (1099 workers) who are not FLSA-covered
  • Employees receiving overtime only under employer policy that exceeds FLSA requirements (if not also required by the FLSA)

What Is Deductible

The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.

Overtime Tax Deduction Example ($15/hr Regular Rate)
Overtime type What is deductible Example ($15/hr regular rate)
Time-and-a-half (1.5×) The "half" — 1/3 of total OT pay $7.50/hr per OT hour ($22.50 minus $15.00)

IRS shortcut for 2025: If you only know your total overtime pay and were paid time-and-a-half, divide the total overtime amount by 3. (Source: IRS Notice 2025-69)

Deduction Limits — Federal Overtime Tax Deduction (2025–2028)
Filing status Maximum annual deduction Phase-out begins
Single $12,500 $150,000 MAGI
Married filing jointly $25,000 $300,000 MAGI
W-2 Reporting — Federal Overtime Tax Deduction
Tax year Employer reporting requirement
2025 NOT required to separately report (transition year — IRS Notice 2025-62). Employers may voluntarily report in W-2 Box 14 as "QUAL OT" or provide a separate statement.
2026 and later REQUIRED to separately report qualified overtime compensation in W-2 Box 12, Code TT.

If an employer did not separately report overtime for 2025, the IRS allows employees to use “any reasonable method” to calculate the deductible amount, including:

  • One-third of total overtime pay (for time-and-a-half workers)
  • Payroll records or pay stubs showing overtime hours and rates
  • Employer statements or online portal information

What This Deduction Does NOT Do

  • Does NOT exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
  • Does NOT apply to state income taxes unless the state conforms — see Oklahoma section below
  • Does NOT change how much overtime pay an employee receives; it reduces taxable income when filing
  • Does NOT apply to overtime paid solely under employer policy that exceeds FLSA requirements

Source: IRS FAQs on Qualified Overtime Compensation Deduction; IRS Notice 2025-69; IRS Notice 2025-62; IRC section 225; P.L. 119-21, section 70202; Schedule 1-A (Form 1040) Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation

Oklahoma Income Tax and the Overtime Deduction

Oklahoma imposes a state individual income tax. For tax year 2025, the flat rate under 68 O.S. section 2355 is 4.75% on Oklahoma taxable income.

Oklahoma is a rolling conformity state with respect to the federal Internal Revenue Code, under Okla. Stat. Ann. tit. 68. This means Oklahoma automatically adopts changes to the IRC as enacted — including the IRC section 225 overtime deduction created by the One Big Beautiful Bill Act — without requiring separate state legislation.

As a result, the federal overtime tax deduction under IRC section 225 flows through to reduce Oklahoma taxable income. Oklahoma workers who claim the federal deduction on their federal return will also reduce their Oklahoma adjusted gross income by the same qualified overtime amount, lowering their state tax liability as well.

This is a meaningful benefit for Oklahoma workers compared to non-conforming states — such as Colorado, New York, Massachusetts, and the District of Columbia — that have actively decoupled from the IRC section 225 deduction.

Important: Oklahoma’s conformity position as of March 2026 has not included any enacted legislation to decouple from IRC section 225. Workers and employers should monitor the Oklahoma Tax Commission and the Oklahoma Legislature for any future changes.

Cross-reference: For Oklahoma income tax details, see the Oklahoma Income Tax page. Source: 68 O.S. section 2355; Oklahoma Tax Commission — https://oklahoma.gov/tax.html; Oklahoma Legislature — https://www.oklegislature.gov

Can an Employer Require Overtime in Oklahoma?

Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours at the applicable rate.

An employer may discipline or terminate an employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.

Oklahoma does not have additional mandatory overtime restrictions beyond the FLSA. Oklahoma is an at-will employment state. Employers in Oklahoma may require overtime, and at-will employees who refuse may face disciplinary action.

Protections That Always Apply

Regardless of mandatory overtime policies, the following protections apply in Oklahoma:

  • All overtime hours must be compensated at 1.5 times the regular rate of pay
  • Employers cannot retaliate against employees who file wage complaints (29 U.S.C. section 215(a)(3); 40 O.S. section 199)
  • Disability accommodation requests under the ADA may limit overtime requirements
  • Child labor laws restrict hours for employees under 18

Source: 29 U.S.C. section 207; 40 O.S. section 199 (Oklahoma Protection of Labor Act)

Industry-Specific Overtime Rules in Oklahoma

Healthcare (8-and-80 System)

Under 29 U.S.C. section 207(j), hospitals and residential care facilities may use a 14-day work period instead of the standard 7-day workweek for overtime purposes. Under this arrangement, overtime is due after more than 8 hours in a single workday OR more than 80 hours in the 14-day period, whichever results in greater overtime pay. This option requires a prior agreement between the employer and employees before the work is performed.

Oklahoma does not impose mandatory overtime restrictions on healthcare workers beyond the FLSA. There is no state law in Oklahoma limiting mandatory overtime for nurses or other healthcare personnel, unlike states such as New Jersey, Pennsylvania, and Washington.

Agriculture

Under the FLSA, agricultural workers are generally exempt from overtime pay requirements. This federal exemption applies in Oklahoma. Oklahoma has not extended overtime rights to agricultural workers by state law.

Source: 29 U.S.C. section 213(b)(12); https://www.dol.gov/agencies/whd/agriculture

Retail and Commission Employees

Under 29 U.S.C. section 207(i), retail or service employees paid more than half their earnings in commissions may be exempt from overtime if their regular rate exceeds 1.5 times the minimum wage. This federal exemption applies to qualifying Oklahoma retail employees.

Public Sector / Government Employees

Under 29 U.S.C. section 207(o), state and local government employers in Oklahoma may offer compensatory time off at 1.5 hours for each overtime hour worked instead of overtime pay, provided a prior agreement exists before the work is performed. The accrual cap is 240 hours (or 480 hours for public safety, emergency response, and seasonal employees). Employees must be permitted to use accrued comp time within a reasonable period.

Compensatory Time for Private-Sector Employers

Under the FLSA, private-sector employers in Oklahoma cannot offer comp time in lieu of overtime pay. Overtime hours must be compensated in wages at 1.5 times the regular rate. Oklahoma has no state statute altering this rule for private employers.

Source: 29 U.S.C. section 207(o); https://www.dol.gov/agencies/whd/flsa/comp-time

Transportation (Motor Carrier Exemption)

Employees whose duties affect the safe operation of motor vehicles in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption. This applies to certain drivers, helpers, loaders, and mechanics at motor carriers subject to U.S. DOT jurisdiction.

Source: 49 U.S.C. section 31502; 29 U.S.C. section 213(b)(1)

How to File an Overtime Wage Complaint in Oklahoma

Employees in Oklahoma who believe they have not received proper overtime pay have three options:

Option 1: Oklahoma Department of Labor — Wage & Hour Unit

Oklahoma Wage Claim Filing — State Enforcement
Item Details
Agency Oklahoma Department of Labor, Wage and Hour Unit
Filing page https://oklahoma.gov/labor/workplace-rights/wage-hour/wage-claim.html
Wage Claim Form (PDF) 2022_0914_WPR_WH_WageClaim Form (PDF)
Phone (405) 521-6100 / Toll-free: (888) 269-5353
Email wageclaims@labor.ok.gov
Address 409 NE 28th St., 3rd Floor, Oklahoma City, OK 73105
Deadline File promptly — collection is not guaranteed after significant time has elapsed

Workers must have already requested unpaid wages from their employer before filing. The ODOL notifies the employer within 10 working days of receiving a claim.

Option 2: U.S. Department of Labor — Wage and Hour Division

Federal Wage Complaint — U.S. DOL (FLSA)
Item Details
Online https://www.dol.gov/agencies/whd/contact/complaints
Phone 1-866-487-9243 (toll-free)
Deadline 2 years from violation (3 years if willful)

Option 3: Private Lawsuit

Employees may file a lawsuit in state or federal court under 29 U.S.C. section 216(b). FLSA remedies include back wages, liquidated damages equal to the unpaid amount, and attorney’s fees and court costs.

Under 40 O.S. section 165.3, if an employer willfully withholds wages upon termination with no bona fide disagreement, the employer is additionally liable for liquidated damages of 2% of unpaid wages per day the failure continues, up to a maximum equal to the total unpaid wages. This maximum is reached in approximately 50 days.

Retaliation Protection

Under the FLSA (29 U.S.C. section 215(a)(3)) and the Oklahoma Protection of Labor Act (40 O.S. section 199), employers cannot retaliate against employees for filing a wage complaint, participating in a wage investigation, or testifying in related proceedings.

Source: https://oklahoma.gov/labor/workplace-rights/wage-hour.html; 29 U.S.C. section 216(b); 40 O.S. sections 165.3, 199

Penalties for Overtime Violations in Oklahoma

Federal FLSA Penalties
Penalty type Amount
Back wages Full amount of unpaid overtime owed
Liquidated damages Equal to unpaid wages (effectively doubles the employee's recovery)
Civil monetary penalty Up to $2,451 per violation for willful or repeated violations (adjusted annually)
Criminal prosecution Willful: fines up to $10,000; second offense may include up to 6 months imprisonment

Source: 29 U.S.C. section 216; https://www.dol.gov/agencies/whd/overtime

Oklahoma State Penalties (40 O.S. section 165.3)

Oklahoma’s Protection of Labor Act provides additional penalties for willful nonpayment of wages upon termination:

  • Liquidated damages: 2% of unpaid wages per day the failure continues after the wages were earned and due
  • Cap: Total liquidated damages may not exceed the total unpaid wages (reached in approximately 50 days)
  • Combined recovery: If wages are willfully withheld for at least 50 days, the employee may recover up to double the unpaid wages (the original wages plus the accumulated daily penalty)
  • Attorney’s fees: Prevailing employees in state wage actions are entitled to attorney’s fees and court costs under 40 O.S. section 165.7

Source: 40 O.S. sections 165.3, 165.7 — https://www.oklegislature.gov/osstatuestitle.aspx

Oklahoma Overtime Law Updates (2025-2026)

Federal Changes Affecting Oklahoma

  • July 4, 2025: One Big Beautiful Bill Act (P.L. 119-21) signed, creating the IRC section 225 federal overtime tax deduction for FLSA-covered nonexempt workers, effective tax years 2025-2028. As a rolling IRC conformity state, Oklahoma automatically conforms to this deduction, which reduces Oklahoma state taxable income as well as federal taxable income.
  • November 15, 2024: U.S. District Court (E.D. Texas) vacated the DOL’s 2024 salary threshold rule in Texas v. U.S. Department of Labor (No. 4:24-cv-00499). The exempt salary threshold remains $684/week ($35,568/year).

Oklahoma-Specific Updates

  • No new state overtime legislation enacted in Oklahoma. Overtime continues to be governed exclusively by the FLSA.
  • The state minimum wage of $7.25/hour remains at the federal floor, producing a minimum overtime rate of $10.875/hour.
  • Oklahoma’s rolling IRC conformity (Okla. Stat. Ann. tit. 68) means the IRC section 225 overtime deduction automatically reduces Oklahoma taxable income without additional state legislation.
  • As of March 2026, the Oklahoma Legislature has not introduced standalone bills to create a state income tax exemption for overtime separate from the federal deduction.

Monitor https://www.oklegislature.gov for any future legislative developments.

Last reviewed: March 3, 2026 Next scheduled review: June 3, 2026

Frequently Asked Questions About Overtime in Oklahoma

Does Oklahoma have overtime laws?

Oklahoma does not have a separate state overtime statute. Overtime is governed entirely by the federal FLSA (29 U.S.C. section 207). Nonexempt employees must receive 1.5 times their regular rate for all hours worked over 40 in a workweek.

What is the overtime rate in Oklahoma in 2026?

The overtime rate is 1.5 times the employee’s regular rate of pay. Based on Oklahoma’s minimum wage of $7.25/hour, the minimum overtime rate is $10.875/hour. Oklahoma has no daily overtime requirement and no double-time obligation.

Does Oklahoma require daily overtime?

No. Overtime is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime pay unless total weekly hours exceed 40.

Is mandatory overtime legal in Oklahoma?

Yes. Employers may require adult employees to work overtime with no state-level cap. At-will employees who refuse may face termination. All overtime hours must be compensated at 1.5 times the regular rate.

Am I exempt from overtime in Oklahoma?

Exemption requires meeting all three FLSA criteria: (1) paid on a salary basis, (2) earning at least $684/week, and (3) performing qualifying executive, administrative, professional, computer, or outside sales duties under 29 C.F.R. Part 541. Oklahoma has no higher state threshold.

Can salaried employees get overtime in Oklahoma?

Yes. A salary alone does not create an exemption. Salaried employees who earn less than $684/week or do not meet the duties tests are nonexempt and entitled to overtime pay for all hours over 40 in a workweek.

Is overtime taxed in Oklahoma?

Overtime pay is subject to both federal and Oklahoma state income taxes. However, under the One Big Beautiful Bill Act (2025-2028), FLSA-covered nonexempt employees may deduct up to $12,500 (single filers) or $25,000 (joint filers) of the overtime premium from federal taxable income. Because Oklahoma has rolling IRC conformity, this deduction also reduces Oklahoma state taxable income.

How do I calculate the overtime tax deduction?

For time-and-a-half pay, the deductible amount is one-third of total overtime pay. If total overtime earnings were $9,000, the qualified overtime deduction is $3,000. See IRS Notice 2025-69 and https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation

How do I file an overtime complaint in Oklahoma?

File a wage claim with the Oklahoma Department of Labor at https://oklahoma.gov/labor/workplace-rights/wage-hour/wage-claim.html or call (888) 269-5353. You may also file with the federal Wage and Hour Division at https://www.dol.gov/agencies/whd/contact/complaints or call 1-866-487-9243.

Can my employer fire me for refusing overtime in Oklahoma?

In most cases, yes. Oklahoma is an at-will state and employers may discipline or terminate employees who refuse overtime, unless a law, contract, or collective bargaining agreement provides otherwise. However, employers cannot retaliate against employees who file wage complaints under 29 U.S.C. section 215(a)(3) and 40 O.S. section 199.

Can my employer give comp time instead of overtime pay in Oklahoma?

Private-sector employers cannot substitute comp time for overtime pay under the FLSA. Only state and local government employers may offer comp time at 1.5 hours per overtime hour, up to 240 hours (or 480 hours for public safety employees), with a prior agreement in place.

Does working on weekends or holidays count as overtime in Oklahoma?

No. Neither the FLSA nor Oklahoma law requires premium pay for weekend or holiday work as such. Overtime depends solely on total hours worked in the workweek exceeding 40.

What happens if my employer does not pay overtime in Oklahoma?

Under 29 U.S.C. section 216(b), employees may recover unpaid overtime wages plus equal liquidated damages, attorney’s fees, and court costs. Under 40 O.S. section 165.3, willful withholding of wages upon termination may also trigger 2% daily liquidated damages up to the full amount of unpaid wages, plus attorney’s fees.

What is the statute of limitations for overtime claims in Oklahoma?

Under the FLSA: 2 years from the violation (3 years if willful). Oklahoma’s general civil limitations period is 5 years under 12 O.S. section 95. FLSA overtime claims are subject to the shorter 2-to-3-year federal deadline.

Does Oklahoma require overtime for agricultural workers?

No. Agricultural workers in Oklahoma are exempt from FLSA overtime under 29 U.S.C. section 213(b)(12). Oklahoma has not extended overtime rights to farm workers by state law.

Are healthcare workers protected from mandatory overtime in Oklahoma?

Oklahoma has no state law restricting mandatory overtime for healthcare workers. Nurses and hospital staff may be required to work mandatory overtime, provided all overtime hours are compensated at 1.5 times the regular rate. This differs from states such as New Jersey, Pennsylvania, and Washington, which restrict mandatory overtime for healthcare personnel.

Sources and Verification

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Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current