How often do you work more than 40 hours a week? By the time you get to the end of those agonizing workweeks, you don’t want to have to wonder if you’re receiving the right wage from your employer. Under the Fair Labor Standards Act or FLSA (the federal law that governs wages) you could be eligible to receive overtime pay. Overtime pay is a pay increase of 1.5 times the normal rate of pay provided to employees working more than 40 hours in a single workweek. Knowing how wage laws work and if you’re eligible for increased pay during these times will pay off in the end.
Overtime Law Summary for Oklahoma
Below Is an Outline of Critical Oklahoma Overtime Law Components.
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemption
Not entitled to overtime pay are the following types of Oklahoma employees:
Administrative Employees
Outside Sales Employees
Supervisory Employee (Management as Primary Duty)
Those Who Fall Under the Salary Level Test (Pay Over Federally Determined Wage)
Professionals with highly specialized skills and knowledge who also receive a salary. *Employers cannot pay employees who earn minimum wage a salary to avoid paying overtime, however.
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Nebraska Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Oklahoma “Comp Time”
Private employees are not eligible to receive comp time. Employers who attempt to compensate employees this way are liable for legal action. “Comp time” or paid time off as an alternative to overtime pay can only be granted to the public, government employees.
Can Employers Average Multiple Weeks?
Employers are not allowed to average out the hours you’ve worked over multiple weeks. Overtime laws dictate that if an employee works more than 40 hours in a SINGLE workweek, they can qualify for overtime if eligible. Employers who attempt to avoid paying overtime by averaging multiple weeks are liable under the law and can be sued for back wages.
Exemptions to Overtime in Oklahoma
There are many categories of employees that are not eligible for overtime pay under federal law. These types of employees fall under the exempt category. Here are a few positions that are exempt:
Administrative employees
Agricultural workers
Commerce employees (who travel interstate)
Commissioned sales employees (outside)
Domestic workers (private homes)
Executive employees
Government employees
Nonprofit organization volunteers
Professional employees
Sources for More Information
Official State Codes
Oklahoma Employment Laws
Oklahoma State Law
State Overtime & Minimum Wage Laws
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
I left a manager postion and along with my hourly rate of pay I receive 1% bonus of sales per month. The employer refuses to pay me my final bonus check. What do I do? Thank You
Anonymous
How is it possible that dock workers in the transportation industry do not earn overtime pay. I have been doing this type of work for 23 years, and have never received a dime of overtime pay, despite working a significant amount of time over full time hours.
I left a manager postion and along with my hourly rate of pay I receive 1% bonus of sales per month. The employer refuses to pay me my final bonus check. What do I do? Thank You
How is it possible that dock workers in the transportation industry do not earn overtime pay. I have been doing this type of work for 23 years, and have never received a dime of overtime pay, despite working a significant amount of time over full time hours.