Oklahoma Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 4, 2026
Last Reviewed: February 4, 2026
Applicable Period: 2026
Jurisdiction: State of Oklahoma, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Oklahoma Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Oklahoma
- Current Minimum Wage Rates in Oklahoma 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Oklahoma
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Oklahoma Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Oklahoma establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Oklahoma adopts the federal minimum wage of $7.25 per hour, which has remained unchanged since 2009. The state allows a tip credit for tipped employees and maintains specific employer size exemptions that may affect coverage.
Minimum wage regulations in Oklahoma operate under Oklahoma Statute Title 40, Section 197.2 alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state or local minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. Oklahoma permits tip credits, and a state preemption law prohibits local jurisdictions from enacting higher minimum wage ordinances.
This page provides an authoritative overview of Oklahoma minimum wage law for 2026, including current rates, tipped employee provisions, employer exemptions, enforcement procedures, and the upcoming State Question 832 ballot initiative. All information is compiled from official government sources.
| Oklahoma Minimum Wage — 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | Federal rate applies | — | Oklahoma Statute § 40-197.2 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | FLSA |
| Tipped minimum wage (federal) | $2.13/hour | — | FLSA § 203(m) |
| Tipped minimum wage (state) | $3.625/hour (50% of minimum) | — | Oklahoma Statute § 40-197.16 |
| Tip credit allowed | Yes | — | State and federal law |
| Next scheduled increase | Pending SQ 832 vote (June 2026) | Jan 1, 2027 (if approved) | State Question 832 |
| Rate adjustment mechanism | Fixed (legislative action required) | — | Oklahoma law |
| Local minimum wages | Prohibited by state law | — | SB 1023 (2014) |
Last verified: February 4, 2026 via Oklahoma Department of Labor
Overview of Minimum Wage Law in Oklahoma
Legal Authority
Oklahoma minimum wage requirements are established under Oklahoma Statute Title 40, Section 197.2, which provides that employers must pay no less than the current federal minimum wage. The Oklahoma Department of Labor administers and enforces minimum wage regulations in Oklahoma. The Oklahoma Minimum Wage Act was last amended in 1983 to adopt the federal minimum wage by reference.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. Oklahoma law adopts the federal minimum wage rate by reference, requiring employers covered by the FLSA to pay at least $7.25 per hour. Because Oklahoma’s statutory minimum equals the federal minimum, most covered employers must comply with the federal rate. The state law primarily extends minimum wage protection to employers and employees who may fall outside federal coverage.
Coverage Scope
Oklahoma minimum wage law applies to employers with ten or more full-time employees at any one location or employers with annual gross sales exceeding $100,000. Oklahoma Statute Title 40, Section 197.4 defines covered employers. The Act does not apply to employers subject to the Fair Labor Standards Act who are paying the minimum wage under federal law. Specific industries and employee types are exempt under state law. Employers not subject to state minimum wage requirements but covered by federal law must comply with FLSA standards.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal, state, or local. In Oklahoma, because the state adopts the federal rate and local ordinances are prohibited, employers must identify whether they are subject to state requirements or federal requirements, and pay whichever minimum wage rate applies to their specific situation.
Current Minimum Wage Rates in Oklahoma 2026
Standard Hourly Minimum Wage
As of 2026, the standard minimum wage in Oklahoma is $7.25 per hour for covered employees, matching the federal minimum wage established under the Fair Labor Standards Act. This rate applies to employers with ten or more full-time employees at one location or employers with annual gross sales exceeding $100,000.
Oklahoma has adopted the federal minimum wage by statute since 1983. The $7.25 hourly rate has remained unchanged since July 24, 2009, when the last federal minimum wage increase took effect. Oklahoma is one of 20 states that maintains a minimum wage equal to the federal rate.
Small Employer Provisions
Oklahoma’s minimum wage law includes specific provisions for small employers who fall below the coverage thresholds:
Small Employers (fewer than 10 employees AND annual sales below $100,000): $2.00 per hour
Applies to: Employers not covered by the Oklahoma Minimum Wage Act
Authority: Oklahoma Statute § 40-197.5
Important limitation: Employers covered by the Fair Labor Standards Act must still pay at least the federal minimum wage of $7.25 per hour, regardless of the state small employer provision.
These size-based variations recognize that very small businesses may face different economic constraints than larger enterprises. However, most employers are covered by federal law, which supersedes the state’s $2.00 minimum for small employers. Employers should verify their classification with both the Oklahoma Department of Labor and the U.S. Department of Labor to ensure proper rate application.
Youth and Training Wages
Federal Youth Minimum Wage: $4.25 per hour
Eligibility: Employees under age 20
Duration: First 90 consecutive calendar days of employment
Authority: FLSA provisions
The federal Fair Labor Standards Act permits employers to pay employees under age 20 a training wage of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20, whichever comes first, employers must pay the full standard minimum wage.
Federal Student Learner Wage: $6.16 per hour (85% of minimum wage)
Eligibility: Full-time students working part-time (up to 20 hours per week)
Requirements: Enrollment in qualifying educational institutions
Authority: FLSA student learner provisions
Oklahoma state law does not establish separate youth or training wage provisions beyond what is permitted under federal law. Employers utilizing federal youth wage provisions must comply with all FLSA requirements and restrictions.
| Potential Future Increase — State Question 832 | |
|---|---|
| Oklahoma voters will decide on State Question 832 in the June 16, 2026 primary election. If approved, the initiative would increase Oklahoma’s minimum wage according to the following schedule: | |
| Effective Date | Proposed Rate |
| January 1, 2027 | $12.00 |
| January 1, 2028 | $13.50 |
| January 1, 2029 | $15.00 |
| January 1, 2030 and beyond | Annual adjustment based on Consumer Price Index |
Important Implementation Details:
- Governor Stitt’s executive order placing the measure on the ballot specified that if approved, the increase would take effect January 1, 2027
- The measure would not apply retroactively—no increases would occur in 2025 or 2026
- Beginning in 2030, the minimum wage would adjust annually based on inflation
- The initiative would expand coverage to include certain workers currently exempt from the Oklahoma Minimum Wage Act
According to Oklahoma State Question 832, the measure gathered sufficient signatures in 2024 but was placed on the 2026 ballot rather than the 2024 general election. As of February 2026, the vote remains pending.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
Oklahoma permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage.
State tipped minimum wage: $3.625 per hour (50% of standard minimum)
Federal tipped minimum wage: $2.13 per hour
Applicable rate: Employers may use the federal rate of $2.13 per hour
Maximum tip credit: Up to $5.12 per hour (federal); or up to $3.625 per hour (state)
Total minimum compensation: $7.25 per hour (cash wage + tips)
Under Oklahoma Statute § 40-197.16, employers may credit tips toward the minimum required wage provided they pay a cash wage of not less than what is required under federal regulations. In practice, most Oklahoma employers follow the federal tipped minimum wage of $2.13 per hour.
Who Qualifies as a Tipped Employee
Under Oklahoma law, a “tipped employee” is defined as an employee who customarily and regularly receives tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Hair stylists and barbers
- Bellhops and baggage handlers
Federal law defines a tipped employee as one who customarily and regularly receives more than $30 per month in tips.
Employer Obligations for Tipped Workers
Employers who claim a tip credit must:
- Inform employees of the tip credit provisions before implementing the reduced cash wage
- Ensure total compensation (cash wage plus tips) equals or exceeds $7.25 per hour for all hours worked
- Pay the difference if an employee’s tips fail to bring total compensation to the minimum wage
- Maintain accurate records of employee tips, hours worked, and wages paid
- Retain all tips for employees—employers cannot keep any portion of tips received by employees
Tip Pooling and Sharing
Oklahoma’s minimum wage law does not specifically address tip pooling or sharing arrangements. Employers generally follow federal Fair Labor Standards Act guidelines on tip pooling:
Permitted tip pooling: Employers may allow or require employees to participate in a valid tip pool where tips are shared among employees who customarily and regularly receive tips.
Who may participate: Servers, bartenders, bussers, food runners, and other customarily tipped employees.
Who cannot participate: Managers, supervisors, and employers cannot participate in tip pools or receive any portion of employee tips.
Mandatory service charges: Charges automatically added to customer bills are not considered tips under federal law. Employers must clarify whether such charges are distributed to employees as tips or retained as service fees.
Local Minimum Wage Ordinances in Oklahoma
Oklahoma law prohibits cities and counties from enacting their own minimum wage ordinances that exceed the state rate. Senate Bill 1023, enacted in 2014, established state preemption authority preventing municipalities from establishing minimum wage rates.
State Preemption Law
Under Senate Bill 1023, passed by the Oklahoma Legislature in 2014, “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.”
The preemption law was enacted amid efforts by Oklahoma City advocates to raise the city’s minimum wage to $10.10 per hour through a local ballot initiative. Governor Mary Fallin signed the bill into law, stating that local minimum wage ordinances would drive businesses to other jurisdictions and increase consumer prices.
Uniform Statewide Rate
All employers in Oklahoma must comply with either the federal minimum wage of $7.25 per hour or the applicable Oklahoma minimum wage provisions. No cities or counties have enacted higher minimum wage rates, and state law explicitly prohibits such local ordinances.
Employers operating in Oklahoma face a uniform minimum wage requirement across all jurisdictions within the state. The location where work is performed does not affect the minimum wage rate within Oklahoma, as no local variations exist.
Who Is Covered and Who Is Exempt
Employees Covered by Oklahoma Minimum Wage
Oklahoma minimum wage law covers employers with ten or more full-time employees at one location or employers with annual gross sales exceeding $100,000. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses meeting coverage thresholds
- Hourly employees: Workers compensated on an hourly basis
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for executive, administrative, or professional exemptions
- Temporary and seasonal workers: If employed by covered employers
- Tipped employees: Subject to tip credit provisions
Exemptions from Minimum Wage Requirements
The following categories of employees are exempt from Oklahoma minimum wage requirements under Oklahoma Statute § 40-197.4:
Agricultural Workers
Workers on farms, ranches, or working with animals on farms or ranches, including farm mechanics, are exempt from state minimum wage requirements.
Domestic Service Workers
Individuals engaged in domestic service in private homes are exempt from the Oklahoma Minimum Wage Act.
Federal Government Employees
Employees of the United States government are not covered by state minimum wage law.
Employees Covered by Federal Law
Any employee of an employer subject to the Fair Labor Standards Act who receives the federal minimum wage is exempt from state law requirements. This provision means most employers paying the federal minimum wage of $7.25 comply with both state and federal requirements simultaneously.
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties who meet federal salary and duties tests are exempt. For 2026, the federal salary threshold is $844 per week ($43,888 annually) for most exempt employees.
Outside Sales Employees
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily engaged away from the employer’s location are exempt.
Part-Time Employees Not on Permanent Status
Part-time employees (defined as working fewer than 25 hours per week) not on permanent status are exempt from state minimum wage requirements.
Students Under Age 22
Individuals under age 18 who have not graduated from school and individuals under age 22 who are enrolled as full-time students are exempt from state minimum wage law. However, federal law may still require payment of minimum wage or youth training wage.
Deputy Sheriffs
Certain deputy sheriffs are exempt from minimum wage requirements.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. Oklahoma applies tests to determine independent contractor status, and misclassification may result in penalties and back wages.
Small Employer Exemptions
Oklahoma minimum wage requirements do not apply to:
- Employers with fewer than ten full-time employees at any one location AND
- Employers with annual gross sales below $100,000
These small employers are required by state law to pay at least $2.00 per hour. However, if such employers are covered by the Fair Labor Standards Act, they must pay at least the federal minimum wage of $7.25 per hour. In practice, most employers fall under federal coverage and must pay the federal rate.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to Oklahoma minimum wage law must:
- Pay the applicable minimum wage for all hours worked
- Maintain accurate payroll records documenting hours worked, wages paid, and tip income (for tipped employees)
- Display required posters informing employees of minimum wage rates and worker rights
- Provide wage statements showing gross wages, deductions, and net pay
- Pay wages on time according to established pay schedules
Recordkeeping Requirements: Employers must maintain payroll records for three years, including:
- Employee names, addresses, and Social Security numbers
- Hours worked each workday and workweek
- Wage rates and total wages paid each pay period
- Deductions from wages
- Dates of payment and pay periods covered
Enforcement of Minimum Wage Law
The Oklahoma Department of Labor enforces minimum wage requirements in Oklahoma. The agency:
- Investigates wage complaints filed by employees
- Conducts workplace inspections
- Issues citations and orders for wage violations
- Collects unpaid wages and penalties on behalf of employees
- Refers cases for criminal prosecution when appropriate
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the Oklahoma Department of Labor:
- Address: 409 NE 28th St, 3rd Floor, Oklahoma City, OK 73105
- Phone: (405) 521-6100
- Toll-free: (888) 269-5353
- Website: https://www.ok.gov/odol/Employment_Issues/Wage_and_Hour/
Oklahoma law prohibits retaliation against employees who file wage complaints or cooperate with investigations.
Penalties for Minimum Wage Violations
Employers who violate Oklahoma minimum wage law may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked.
Liquidated Damages: Courts may order employers to pay liquidated damages equal to double the amount of unpaid wages, minus any sums already paid to the employee. The employer is also liable for court costs and reasonable attorney fees of at least $100.
Penalty for Late Wage Payment: If the Commissioner of Labor determines that wages are due to a terminated employee, a penalty of 2% per day up to the total amount of the wage claim may be added to the wages due.
Civil Penalties: The Commissioner of Labor may issue citations and assess penalties for violations of wage and hour laws.
Criminal Penalties: Under Oklahoma Statute § 40-197.13, an employer who pays or agrees to pay less than the required minimum wage is guilty of a misdemeanor. Upon conviction, the employer may be fined up to $500, imprisoned in county jail for up to six months, or both.
Attorney Fees: Employees who prevail in minimum wage actions may recover reasonable attorney fees and costs of litigation.
Oklahoma Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000.
When State Law Applies
Oklahoma adopts the federal minimum wage rate of $7.25 per hour by reference under state law. For employers covered by both state and federal law, the requirements are identical. Oklahoma law primarily extends minimum wage protection to certain employers and employees who may fall outside federal coverage, while establishing a $2.00 per hour minimum for very small employers not covered by federal law.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal, state, or local—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Determine if the employer is covered by Oklahoma minimum wage law (10+ employees OR $100,000+ annual sales)
- Determine if the employer is covered by federal FLSA
- Apply the higher minimum wage between state and federal requirements
- Note that in Oklahoma, both rates are currently $7.25
Because Oklahoma adopts the federal rate and prohibits local minimum wage ordinances, employers face a uniform requirement of $7.25 per hour for covered employees statewide.
| Regional Minimum Wage Context | |
|---|---|
| Oklahoma’s minimum wage of $7.25 can be compared to surrounding states for regional context. | |
| State | 2026 Rate |
| Oklahoma | $7.25 |
| Arkansas | $11.00 |
| Kansas | $7.25 |
| Missouri | $13.75 |
| Texas | $7.25 |
| New Mexico | $12.00 |
| Colorado | $14.81 |
Oklahoma’s rate equals the federal minimum and matches Kansas and Texas among its neighbors. Four of Oklahoma’s six neighboring states—Arkansas, Missouri, New Mexico, and Colorado—have established minimum wages exceeding the federal rate. Oklahoma is one of 20 states that maintains the federal minimum wage without state-specific increases.
Note: Rates shown are standard minimum wages and may not reflect local or industry-specific variations in other states.
Minimum Wage Posting Requirements
Oklahoma law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. The poster must include current wage rates, employee rights, and contact information for the Oklahoma Department of Labor.
Where to obtain posters:
- Download from Oklahoma Department of Labor
- Contact the Department at (405) 521-6100 for printed copies
- Required poster: “Your Rights Under the Oklahoma Minimum Wage Act”
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically in break rooms, near time clocks, or at other prominent locations accessible to all employees.
Compliance: Failure to display required posters may result in citations and penalties from the Oklahoma Department of Labor. Employers must ensure posters remain current and legible.
Frequently Asked Questions: Minimum Wage in Oklahoma 2026
What is the minimum wage in Oklahoma in 2026?
The minimum wage in Oklahoma is $7.25 per hour, matching the federal minimum wage. This rate applies to covered employers with ten or more full-time employees or annual gross sales exceeding $100,000.
When is the next minimum wage increase in Oklahoma?
No minimum wage increases are currently scheduled in Oklahoma. The rate will remain $7.25 per hour unless changed by future legislation. State Question 832, appearing on the June 16, 2026 ballot, could increase the minimum wage to $12.00 per hour on January 1, 2027 if approved by voters.
Does Oklahoma allow tip credit?
Yes, Oklahoma permits employers to pay tipped employees a cash wage as low as $2.13 per hour (federal rate) or $3.625 per hour (50% of state minimum), provided total compensation including tips reaches $7.25 per hour. Employers must make up the difference if tips are insufficient.
Are there different minimum wages in different cities in Oklahoma?
No, Oklahoma maintains a uniform statewide minimum wage of $7.25. Senate Bill 1023 (2014) prohibits local jurisdictions from enacting minimum wage rates different from the state rate. No cities or counties in Oklahoma have separate minimum wage ordinances.
Who is exempt from minimum wage in Oklahoma?
Common exemptions from Oklahoma minimum wage include agricultural workers, domestic service employees, part-time employees working fewer than 25 hours per week, students under age 22, executive/administrative/professional employees meeting salary and duties tests, and outside sales employees. Independent contractors are not covered. Small employers with fewer than 10 employees and under $100,000 annual sales may pay $2.00 per hour under state law, though federal law may still require $7.25.
What happens if an employer pays below minimum wage in Oklahoma?
Employers who pay below minimum wage face back wage liability, liquidated damages equal to double the unpaid amount, civil penalties, and potential criminal prosecution. Violations constitute a misdemeanor punishable by fines up to $500 and/or imprisonment up to six months. Employees can file complaints with the Oklahoma Department of Labor to recover unpaid wages.
Do small businesses have to pay minimum wage in Oklahoma?
Employers with ten or more full-time employees at one location or annual gross sales exceeding $100,000 must pay minimum wage. Smaller employers must pay at least $2.00 per hour under state law. However, federal minimum wage of $7.25 applies if the employer is covered by the FLSA, which covers most businesses engaged in interstate commerce.
Is Oklahoma’s minimum wage higher than the federal minimum?
No, Oklahoma’s minimum wage of $7.25 equals the federal minimum wage. Oklahoma law adopts the federal rate by reference. The state and federal requirements are identical for covered employers.
How often does Oklahoma increase its minimum wage?
Oklahoma’s minimum wage is set by legislation and does not automatically adjust. The rate has remained $7.25 since 2009. Changes require new laws to be enacted by the Oklahoma Legislature or approval of ballot initiatives by voters.
Can employers pay less than minimum wage during training?
Federal law permits employers to pay employees under age 20 a training wage of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee turns 20, employers must pay full minimum wage. Oklahoma does not have separate state training wage provisions.
How to file a minimum wage complaint in Oklahoma
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the Oklahoma Department of Labor. Filing methods include:
- In-person: 409 NE 28th St, 3rd Floor, Oklahoma City, OK 73105
- Phone: (405) 521-6100
- Toll-free: (888) 269-5353
- Website: https://www.ok.gov/odol/Employment_Issues/Wage_and_Hour/
The Oklahoma Department of Labor will investigate the complaint and may recover unpaid wages on behalf of the employee. Oklahoma law prohibits employer retaliation against workers who file wage complaints or participate in investigations.
What is State Question 832?
State Question 832 is a ballot initiative that Oklahoma voters will decide on June 16, 2026. If approved, it would increase Oklahoma’s minimum wage to $12.00 per hour on January 1, 2027, then raise it incrementally to $15.00 by 2029, with annual inflation adjustments beginning in 2030.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Source | Last Verified | Full URL |
|---|---|---|
| Oklahoma Statute Title 40 (Complete PDF) | February 4, 2026 | https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf |
| Oklahoma Legislature – Statutes Homepage | February 4, 2026 | https://www.oklegislature.gov/osstatutes/title.html |
| Oklahoma Department of Labor – Wage and Hour | February 4, 2026 | https://www.ok.gov/odol/Employment_Issues/Wage_and_Hour/ |
| Oklahoma Minimum Wage Poster | February 4, 2026 | https://www.opers.ok.gov/wp-content/uploads/2020/04/Your-Rights-Under-the-Oklahoma-Minimum-Wage-Act.pdf |
| U.S. Department of Labor – State Minimum Wages | February 4, 2026 | https://www.dol.gov/agencies/whd/minimum-wage/state |
| Fair Labor Standards Act (FLSA) | February 4, 2026 | https://www.dol.gov/agencies/whd/flsa |
| State Question 832 Information | February 4, 2026 | https://www.sos.ok.gov/documents/questions/832.pdf |
| Oklahoma Preemption Law (SB 1023) | February 4, 2026 | http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1023&Session=1400 |