Each state has the power to set its own overtime laws. The state of Oklahoma unfortunately does not have a law that requires employers to pay their workers overtime. Even though there is no overtime state law, there is a federal law that provides overtime pay to many workers in this state. Here’s how you will know if you are entitled to overtime pay in Oklahoma:
The Fair Labor Standards Act (FLSA)
The FLSA is a federal law that was established to protect the rights of workers across the country. This law states that non-exempt workers who work over 40 hours in a standard workweek are entitled to overtime pay. Employers should compensate these employees at a rate of one and one-half times their regular pay. However, exempt workers are not entitled to overtime pay regardless of how many hours they work during a workweek.
Exempt vs. Non-Exempt Employees
To determine if you are entitled to overtime pay, you must know whether you are classified as an exempt or non-exempt employee. There’s a common misconception that all salaried employees are classified as exempt, but that is not the case. There are certain professions that are classified as exempt, such as outside sales and agricultural workers. But in general, the classification of employees is based on a number of factors, including how much employees earn, how they are paid, and the type of work they do. An employee is usually only considered exempt if he meets these conditions:
- He or she earns at least $23,660 a year
- He or she is paid a salary
- He or she performs job duties that have been classified as exempt
The first two conditions are fairly self-explanatory, but the third one is a bit more complex. The law outlines which job duties should be considered exempt. For example, the law states that an executive employee is exempt if he has a management-level job and his duties include supervising at least two employees and providing input on the hiring and firing of other employees. There are specific job duties listed for every major category of exempt employees such as professionals, administrative employees, and computer professionals. Because this law is so detailed, it’s best to speak to an attorney or contact the Department of Labor to determine if you are exempt.
Employees deserve to be compensated for their work. If you are not receiving the overtime pay you deserve, seek legal representation at once. Our experienced attorneys will go above and beyond to ensure you are compensated fairly. Please call Armstrong & Vaught, P.L.C. today at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.