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Women are
54%
more likely to
live in poverty
than white men in
Oklahoma
Single-woman led households are at the
highest risk
of poverty in
Oklahoma
In
Oklahoma
, women earn
$0.68
for every dollar a white man makes
Women in
Oklahoma
are
81%
more likely to earn
minimum wage
than white men
Women in
Oklahoma
are
87%
more likely to earn a
tipped wage
than white men
In
Oklahoma
, at least
71%
of women are essential to the financial security of their household
In Oklahoma, it is unlawful for any employer to willingly pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs with comparable requirements relating to skill, effort, and responsibility.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on seniority system; merit system; system that measures earnings by quantity or quality of production; any factor other than sex.[2]
· Retaliation: It is unlawful for an employer to discharge, penalize, or in any other manner discriminate against an employee because the employee has filed a complaint, caused to be instituted a proceeding or investigation, or testified or is about to testify in a proceeding or investigation under the Oklahoma Equal Pay Act.[3]
[1]Okla. Stat. tit. 40, § 198.1.
[2]Okla. Stat. tit. 40, § 198.1.
[3]Okla. Stat. tit. 40, § 199.
No. Oklahoma’s equal pay law is less protective than federal law because for unequal pay to be unlawful it must be willing. However, the law is more protective than federal law insofar as it requires equal pay for comparable work rather than equal pay for equal work.
No. Employers in Oklahoma are not required to disclose the pay associated with a position during the hiring process.
No. There is no salary history ban in Oklahoma.
No. Oklahoma law does not include protection for employees’ pay discussions. However, under federal law, private sector employers generally cannot prohibit employees from discussing wages, with some exceptions.[1]
[1]Your Right to Discuss Wages, NLRB, https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,for%20mutual%20aid%20or%20protection(last visited June 21, 2023); see, 29 U.S.C. §§ 151–169.
No. There is no requirement under Oklahoma law that employers collect, report, or assess gender-based pay.
No. Oklahoma follows the federal minimum wage.[1] Oklahoma forbids municipalities from setting their own minimum wage.[2]
In Oklahoma, paying less than the required minimum wage is a misdemeanor punishable with a fine up to $500 and imprisonment up to 6 months.[3] An employee can also make a wage claim with the Oklahoma Department of Labor, and can impose a penalty of 10% on wages due.[4] An employee may also sue, and in court seek double the amount of wages, court costs, and attorney fees.[5]
[1]Okla. Stat. tit. 40, § 197.2; 29U.S.C. § 206.
[2]Okla. Stat. tit. 40, § 160.
[3]Okla. Stat. tit. 40, § 197.13.
[4]Okla Stat. tit. 40, §§ 197.7 – .8.
[5]Okla. Stat. tit. 40, § 197.9.
No. Oklahoma has not eliminated the tipped minimum wage. Employers subject to the Fair Labor Standards Act (FLSA) must pay their employees the federal tipped minimum wage.[1] Employers who are not covered by FLSA but who are covered by the Oklahoma Minimum Wage Act must pay tipped employees 50% of the regular minimum wage.[2]
[1] See Okla. Stat. tit. 40 § 197.4(d); 29 U.S.C.§ 203(m)(2), (t); Tips, U.S. Dep’t of Lab., https://www.dol.gov/general/topic/wages/wagestips(last visited June 10, 2024).
[2]Okla. Stat. tit. 40 § 197.16.
Yes. Employers in Oklahoma must pay wages to most employees on a semimonthly (twice a month) basis.[1] Some types of employees are only required to be paid once per month, like public, exempt, school district, and non-private foundation employees.[2]
[1]Okla. Stat. tit. 40, § 165.2.
[2]Okla. Stat. tit. 40, § 165.2.
Yes. With each payment of wages, Oklahoma employees must provide a brief itemized statement of any deductions.[1]
[1]Okla. Stat. tit. 40, § 165.2.
No. Oklahoma does not have a state overtime law, so the federal law governs including exemptions. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek at a rate no less than time and a half at the regular rate of pay.[1]
[1]29 U.S.C. § 207.
Yes. For wage theft, an employee in Oklahoma may bring a complaint through the Commission of Labor or the court.[1] The Commissioner can assess an administrative fine of $500 against an employer who commits two or more violations within a six-month period.[2] The failure to pay wages as required and the failure to provide agreed upon benefits or wage supplements are also misdemeanors.[3]
[1]Okla. Stat. tit. 40, §§ 165.7,165.9; Wage Claim, Okla. Dep’t of Lab., https://oklahoma.gov/labor/workplace-rights/wage-hour/wage-claim.html(last visited June 10, 2024).
[2]Okla. Stat. tit. 40, § 165.2a.
[3]Okla. Stat. tit. 40,§§ 165.8, 165.11.
