Employment · Oklahoma

Can I sue for unpaid overtime in Oklahoma?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Oklahoma?

free route

The Department of Labor takes a wage claim once your wages are actually late, and Oklahoma defines late precisely: pay dates must fall within 11 days of the end of a pay period, and the employer gets 3 more days — 72 hours — after the scheduled pay date to pay. Past that window the right to file opens.

source ↗Not yet checked against the statute.

Which court hears a case like this in Oklahoma?

which court

Small claims docket of the district court

source ↗Not yet checked against the statute.

How much can you sue for in Oklahoma small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

What else should you know in Oklahoma?

also

Oklahoma sets no overtime rule of its own — its minimum wage law adopts the federal rate by reference — so the overtime itself is the federal claim above, whatever the state does about the timing of your paycheque.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Oklahoma. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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unpaid overtime — state by state →other claims in this state →