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Oklahoma City, OK Employment Preemption: Minimum Wage Preemption (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State Minimum Wage: $7.25/hr (40 O.S. § 197.5)
Tipped Wage: $2.13/hr cash + tips = $7.25
Preemption Statute: 40 Okla. Stat. § 160.5
State Authority: Oklahoma Dept. of Labor
Local Higher Wage: Not allowed for private employers

Summary

Oklahoma City cannot set its own minimum wage. 40 Okla. Stat. § 160.5 preempts municipal wage ordinances. Oklahoma's state minimum wage in 40 O.S. § 197.5 mirrors the federal FLSA at $7.25/hour. Tipped wage: $2.13/hour cash + tips equaling $7.25.

§40-160. Mandated minimum wage - Minimum number of vacation or sick leave days.
As a matter of public policy and due to an overriding state interest, the Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way mandated minimum wage and employee benefits regarding mandatory minimum number of vacation or sick leave days. Notwithstanding any exemption from state statutes previously allowed for certain municipalities pursuant to Section 1-101 of Title 11 of the Oklahoma Statutes, 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. A

Source: 40 Okla. Stat. § 160.5 — Local PreemptionView official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Oklahoma's preemption statute, 40 Okla. Stat. § 160.5, was enacted in 2014 to bar cities and counties from setting minimum wage, vacation, sick leave, or other employment-benefit requirements above state or federal law. Oklahoma's state minimum wage (40 O.S. § 197.5) is $7.25/hour, tracking the federal FLSA rate (29 U.S.C. § 206). Oklahoma City does not impose a private-sector minimum wage; the City pays its own employees a higher wage by Council resolution. The Oklahoma Department of Labor administers state wage rules; U.S. DOL enforces federal FLSA. Both Oklahoma City and Tulsa rejected efforts to consider local minimum wage measures after § 160.5 took effect.

Violations & Fines

Federal FLSA remedies under 29 U.S.C. § 216(b) apply: back wages plus equal liquidated damages for willful violations, civil money penalties up to $2,374 per repeat violation, and 2-year (3-year willful) statute of limitations. Oklahoma wage claims under 40 O.S. § 165.3 allow up to 2 years' back pay plus liquidated damages.

Frequently Asked Questions

Does Oklahoma City have its own minimum wage?

No. 40 O.S. § 160.5 preempts local wage ordinances. Oklahoma City workers earn at least the state/federal $7.25/hour minimum.

Can Oklahoma City pass a $15 minimum wage?

No. 40 O.S. § 160.5 expressly preempts city and county wage ordinances above state/federal levels. Only the Oklahoma Legislature can raise the state minimum.

What is the tipped minimum wage in Oklahoma City?

$2.13/hour cash if tips bring the worker to $7.25/hour. The FLSA tip credit (29 U.S.C. § 203(m)) governs, adopted by Oklahoma under 40 O.S. § 197.5.

Sources & Official References

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