Child Labor Laws in Oklahoma (2023)

Child Labor Laws in Oklahoma (1)

••• law courts image by Peter Helin from Fotolia.com

Related Articles

  • Oklahoma Labor Laws for Salary Base Pay
  • How to Get an Under 18 Work Permit in Oregon
  • South Carolina's Teen Labor Law
  • Restrictions in the Tennessee Child Labor Laws
(Video) Child Labor - Understanding Oklahoma Child Labor Laws

The minimum age to work in Oklahoma is 14, according to the Oklahoma Department of Labor. Exemptions to the Oklahoma child labor laws include children working on farms or for parents, or any entity in which a parent owns an equity interest. An equity interest is defined as an ownership interest in a business entity. Children who sell or deliver newspapers to consumers are also exempt from this rule.

Getting an Employment Certificate

A teen under 16 needs an employment certificate, or work permit, to be employed. They can get this document from their principal, headmaster or the equivalent administrative officer of the school which the child attends. The child’s parents or guardians need to approve the certificate if the child is home-schooled. The school will verify the child’s age and the compulsory school requirements for the state.

Hours Teens May Work

A teen under 16 years of age may work up to three hours on school days, Monday through Friday. They may work up to eight hours on non-school days when they are not required to attend classes. They may work up to 18 hours in a school week. A teen under 16 may work up to 40 hours in a non-school week if school is out for the whole week and attendance is not compulsory. A minor under 16 may not work overtime.

What Constitutes Overtime Under Federal Law?

Since Oklahoma does not have state laws regarding overtime, the U.S. Fair Labor Standards Act (FLSA) rules regarding overtime apply. Overtime is defined as over 40 hours in one workweek. FLSA requires that workers receive 1.5 times their regular rate of pay for overtime work. FLSA does not limit the number of hours that an employee 16 or older may work in a workweek nor does it mandate that an employee receive overtime pay for work on Saturdays, Sundays, holidays or regular days of rest unless the employee works overtime hours on these days.

(Video) Affects of Farm Labor Law (Child Labor Laws Interview)

When School Is in Session

A teen under 16 cannot work before 7:00 a.m. or after 7:00 p.m. from the Tuesday after Labor Day to May 31st of the following year. Between June 1st and Labor Day, a minor under 16 may not work before 7:00 a.m. or after 9:00 p.m. If an employer is not subject to the FLSA, a minor may work until 9:00 p.m. throughout the year on days that are followed by a non-school day.

A worker can contact the U.S. Department of Labor to learn whether an employer is subject to FLSA. Covered enterprises include businesses with workers engaged in interstate commerce that produce goods for interstate commerce or handle, sell or otherwise work on goods or materials moved in, or produced, for such commerce.

Jobs Teens Can’t Work

FLSA states there are 17 hazardous occupations in which a minor under the age of 18 cannot be employed, even if the parent or guardian owns the business. The term that the FLSA uses to denote this dangerous work is “oppressive child labor.” An individual can contact the U.S. Department of Labor for a list of these hazardous occupations, which include both farm and non-farm jobs. Oklahoma Works lists a number of the hazardous occupations, sharing answers to FAQs for job seekers. The list includes manufacturing explosives and work that involves exposure to radioactive substances.

Minors under 16 may not perform operations related to construction, cooking or baking, fryers or grills, hoisting devices, ladders or scaffolds, lawn mowers and weed eaters other than working for oneself, loading and unloading motor vehicles or service as helpers on vehicles, power-driven machines or equipment, public messenger service, public utilities or communications, slicers or sharp knives, transportation of people or property by rail, highway, air, water, pipeline or other means and warehousing or storage.

It is possible for a minor under 16 to work in proximity to workers 16 and over doing such jobs. For example, a minor could operate a cash register at a fast food restaurant, but would not be allowed to fry food to be sold at the restaurant. An individual can learn more about what rules are specific to teens according to the FLSA by referencing U.S. Department of Labor guides on child labor rules for certain professions, such as restaurants, agriculture and grocery stores.

(Video) Child Labor in America: The photography of Lewis Hine.

Break Requirements for Teens

A minor under 16 must be given a one-hour cumulative rest period for eight consecutive hours worked. Alternatively, they can be given a 30-minute rest period for five consecutive hours worked. Employers must document break periods for minors ages 14 and 15. Once an employee is 16, the employer has no requirement to provide breaks or lunches.

Oklahoma’s Minimum Hourly Wage

The Oklahoma minimum wage is $7.25 per hour, the same as the federal minimum wage. An Oklahoma employer must pay employees who are not tipped this minimum wage. This rule applies to Oklahoma employers with 10 or more full-time employees at any one location and employers with annual gross sales over $100,000, irrespective of how many full-time employees they have. One of the exceptions to this rule is FLSA allows an employer to pay a person under 20 years of age a minimum wage of not less than $4.25 per hour for the employee's first 90 consecutive calendar days of employment.

After the 90 days are up or the worker reaches age 20, whichever comes first, the employer must pay the employee the federal minimum hourly wage. Certain full-time students, student learners, apprentices and workers with disabilities can be paid less than the minimum wage under special certificates from the U.S. Secretary of Labor. A lower wage rate is called the sub-minimum wage.

Tipped Employees and Wages

Most people understand minimum wage as a defined hourly wage set by the federal government. A state can set a higher, but not a lower, minimum wage than the federal government. Employees who earn the majority of their money through tips, such as bartenders and waiters, are aware that there is a different minimum wage. This is the minimum wage for tipped employees, which at first glance appears to be lower than $7.25 per hour.

A tipped employee is a person in an occupation in which workers regularly receive over $30 a month in tips. An employer may consider tips part of the employee's wages. FLSA states an employer must pay a tipped employee at least $2.13 per hour in direct wages.

(Video) Child Labor Laws are Silly and Outdated

If a tipped employee earns less than $7.25 an hour from a combination of the direct wage and tips, the employer is required to make up the difference. Employees must retain all of their tips except if they participate in a valid tip pooling or sharing arrangement. Oklahoma Labor Statute 40 Section 197.5 further provides an employer shall not pay an employee who has reached the age of 18 years of age less than $2.00 per hour.

Work and the COVID-19 Pandemic

During the COVID-19 pandemic, Oklahoma public schools have offered virtual instruction at times of the day that are different than usually scheduled hours. Teens who engaged in distance learning may have been asked to work hours that violated state law, even if their school was not offering in-person or virtual instruction at those hours. Oklahoma’s child labor laws, however, remain in effect.

An individual with a complaint about an employer can file a child labor complaint form with the Oklahoma Department of Labor. An employer found to be in willful violation of the law will be guilty of a misdemeanor, and for each offense, subject to a fine of $500, imprisonment for a period between 10 and 30 days, or both.

Home Baking Act of 2017

The Oklahoma Home Baking Act of 2017 allows a business owner to bake certain goods at home and offer them for sale from their home or selected off-premises locations. According to FLSA, a minor under 16 may not perform operations related to cooking or baking, even if the cooking or baking occurs at home. A minor under 16 may still work with a home baking business, just in a different capacity. For example, a minor under 16 could sell the baked goods in accordance with the rules in the Home Baking Act rather than cook the goods.

FAQs

How late can a 15-year-old work in Oklahoma? ›

Opportunities for 14- and 15-Year-Old Youth

See Appendix A in "Federal and State Labor Laws for Youth Work-Based Learning." The hours are between 7 a.m. and 7 p.m. (except from June 1 through Labor Day, when evening hours are extended to 9 p.m.)

How many hours are minors allowed to work in Oklahoma? ›

State or other jurisdictionMaximum daily and weekly hours and days per week for minors of age: a
Under 16
Ohio8-40 school day/week: 3-18
Oklahoma8-40 in week when school is not in session; 3-18 in week when school is in session, (but 8-hour maximum on non-school days)
Oregon8-40 school day/week: 3-18 b
51 more rows

Can a 13 year old work in Oklahoma? ›

What is Oklahoma's minimum age for employment? The minimum age to be employed in Oklahoma is 14 years. Children working either on farms or for parents or any entity in which a parent owns an equity interest are exempt. Children engaged in the sale or delivery of newspapers to consumers are also exempt.

How long can a 14 year old work in Oklahoma? ›

Fourteen and 15-year-olds can only work 3 hours or less on school days, and up to a total of 18 hours a week while school is in session. When school is out for an entire week, these employees may work up to 40 hours. Further, minors under 16 cannot work before 7:00 a.m. anytime or after 7:00 p.m.

Can 16 year olds work past 10pm? ›

In England you must be in part-time education or training until your 18th birthday. In many jobs night work is not allowed between 10pm and 6am, or 11pm and 7am.

How many hours can a 15 year old work in a week in Oklahoma? ›

How many hours can a 14 or 15-year-old work while attending school? A minor under the age of 16 years may work up to three (3) hours on school days (Monday to Friday), up to eight (8) hours on non-school days (days in which attendance is not compulsory), and up to 18 hours in a school week.

Can 16 year olds work after 7pm? ›

can only work between 7am and 7pm. can only work for 2 hours on a Sunday. can only work for 12 hours per week in term time. must have a 1 hour break if they work 4 continuous hours.

How many hours can a high schooler work in Oklahoma? ›

During a school week, 3 hours of work are permitted per day and up to 18 hours per week. There is an 8-hour maximum on non-school days. For Minors Ages 16 and 17: Oklahoma has no restrictions on maximum working hours for minors aged 16 and 17.

How many hours can a 14 year old work? ›

Working hours of 14 and 15 year-olds

Children aged 14 and 15 can work a maximum of 35 hours a week (or up to 40 hours if they are on approved work experience).

Can you work at mcdonalds at 14 in Oklahoma? ›

You must be 16 years of age or older to work as a Crew Member at McDonald's.

What age does Walmart hire? ›

Application requirements vary depending on the career area you are viewing. As a minimum age requirement, you must be at least 16 years old to work at Walmart and 18 at Sam's Club. Certain positions, however, require a minimum age of 18.

What is Oklahoma 2022 minimum wage? ›

Oklahoma Minimum Wage for 2021, 2022. Oklahoma's state minimum wage rate is $7.25 per hour. This is the same as the current Federal Minimum Wage rate.

What is minimum wage for a 15 year old? ›

There is no minimum wage for under 16s, but as of April 2017, young people aged 16 to 17 have a minimum wage of £4.05 per hour.

How do you get a work permit at 14 in Oklahoma? ›

Before employment begins, employers are responsible for having 14- and 15-year-old minors obtain an Employment Certificate of Age and Schooling (Form 601 aka work permit) from their school's issuing officer. Minors 16 years of age and older are not required under state law to get a work permit.

What's the minimum wage for a 16 year old? ›

From April 2022 the NMW is: Apprentice £4.81 an hour. Age 16-17 - £4.81 an hour.

How long can a 16 year old work without a break? ›

Rest breaks if you're over school leaving age but under 18

If you're over school leaving age but under 18, you can't usually work for more than 8 hours per day or 40 hours per week. You're usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day.

Can a 17 year old work nights? ›

There are special rules for young workers aged 16 and 17. Young workers may not ordinarily work at night between 10pm and 6am (or between 11pm and 7am if their contract of employment provides for work after 10pm). However, exceptions apply in particular circumstances in certain kinds of employment, as set out below.

What is the latest a high school student can work? ›

18 hours in a school week; 8 hours on a non-school day; 40 hours in a non-school week; and. between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.

How old do you have to be to work at Chick Fil A? ›

16 answers. The minimum age to work in the front (which consists of lobby and registers, and drive-thru) is 16 years. To work in the kitchen you must be 18 years or older. 16 years of age.

What age can you be a waitress in Oklahoma? ›

Download/Export Data
JurisdictionPolicies as ofMinimum Age To Serve
Spirits
Oklahoma1/1/202118
Oregon1/1/202118
40 more rows

How many hours is full time? ›

Definition of Full-Time Employee

For purposes of the employer shared responsibility provisions, a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.

How many hours can a 14 year old work on a Saturday? ›

A 14-year-old may not work for more than five hours on a Saturday or any other day (other than a Sunday) during the holidays. On a Sunday, a 14-year-old may only work two hours.

How old do you have to be to work at a gas station in Oklahoma? ›

Children under 14 years of age may not be employed in non-agricultural occupations covered by the FLSA, including food service establishments.

How old do you have to be to work at Sonic? ›

You'll also help clean drive-in restaurants. You need to be at least 16 years old to work at Sonic. For more information, check out Sonic's employment guidelines.

What is the youngest age for child Labour? ›

Generally speaking, the Fair Labor Standards Act (FLSA) sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations.

What jobs can you have at 13? ›

List of 13 great jobs for 13-year-olds
  • Babysitter. Babysitting is a fantastic job for 13-year-olds. ...
  • Lawn mower or gardener. If your 13-year-old loves spending time outside, working as a lawn mower or gardener is a fantastic option. ...
  • Dog walker. ...
  • House or pet sitter. ...
  • Tutor. ...
  • Car washer. ...
  • Junior camp counselor. ...
  • Newspaper deliverer.

Can you work at 14? ›

If you are 14 or 15 years old, you can only work outside of school hours. The federal youth employment requirements limit the times of day and the number of hours that you may work as well.

What is the latest a high school student can work? ›

18 hours in a school week; 8 hours on a non-school day; 40 hours in a non-school week; and. between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.

What is Oklahoma 2022 minimum wage? ›

Oklahoma Minimum Wage for 2021, 2022. Oklahoma's state minimum wage rate is $7.25 per hour. This is the same as the current Federal Minimum Wage rate.

Can you work at mcdonalds at 14 in Oklahoma? ›

You must be 16 years of age or older to work as a Crew Member at McDonald's.

Should high school kids have jobs? ›

Reasons They Should Work During High School

There are countless valuable skills teens can get from working a job during high school, far beyond the money they make. For teens who are able to balance work, school, extracurricular, and social life, a job can be a valuable addition to a well-rounded schedule.

Should students work while in highschool? ›

Research has shown that students who are employed while in high school or college allocate their time more efficiently, learn about workplace norms and responsibilities, and are motivated to study harder in their classes so they can achieve a certain career goal.

Can a 17 year old work night shift? ›

There are special rules for young workers aged 16 and 17. Young workers may not ordinarily work at night between 10pm and 6am, or between 11pm and 7am if the contract of employment provides for work after 10pm. However, exceptions apply in particular circumstances in the case of certain kinds of employment.

How much Walmart pay in Oklahoma? ›

The average Walmart salary ranges from approximately $18,684 per year for Guest Service Agent to $122,499 per year for Teller. Average Walmart hourly pay ranges from approximately $9.50 per hour for Fabricator to $29.70 per hour for Refrigeration Technician.

How much does McDonald's pay per hour in Oklahoma? ›

How much does McDonald's in Oklahoma pay? Average McDonald's hourly pay ranges from approximately $7.75 per hour for Front End Associate to $15.73 per hour for Delivery Driver. The average McDonald's salary ranges from approximately $16,000 per year for Fast Food Attendant to $89,450 per year for Area Supervisor.

What is a living wage in Oklahoma? ›

Living Wage Calculation for Oklahoma City, OK
1 ADULT2 ADULTS (BOTH WORKING)
0 Children2 Children
Living Wage$15.93$22.25
Poverty Wage$6.19$6.37
Minimum Wage$7.25$7.25

What age does Walmart hire? ›

Application requirements vary depending on the career area you are viewing. As a minimum age requirement, you must be at least 16 years old to work at Walmart and 18 at Sam's Club. Certain positions, however, require a minimum age of 18.

What age does Starbucks hire? ›

Customer Service

In most states you must be at least 16 years old (14 in Montana) to work for Starbucks®. Was this answer helpful?

How old do you have to be to work at Target? ›

before you apply

To apply for hourly positions at Target stores and our Distribution Centers: You must be at least 16 years old to apply for a Target store job. You must be at least 18 years old to apply for a Target Distribution Center job.

How much does target pay an hour in Oklahoma? ›

How much does Target in Oklahoma pay? Average Target hourly pay ranges from approximately $8.50 per hour for Sales Representative to $20.86 per hour for CNC Machinist. The average Target salary ranges from approximately $15,000 per year for Cashier to $92,530 per year for Food and Beverage Manager.

Where is the highest minimum wage? ›

Luxembourg, Australia, New Zealand, the UK and Germany pay some of the highest national hourly minimum wage rates. However, some argue that a minimum wage doesn't always reflect a 'living wage'.

What state has the highest minimum wage 2022? ›

The 10 States with the Highest Minimum Wage Rates in 2022
  • Arizona $12.80. ...
  • New Jersey $13 (tie) ...
  • Connecticut $13 (tie) ...
  • New York $13.20. ...
  • 8. California $14. ...
  • Massachusetts $14.25. ...
  • Washington $14.49. ...
  • Honorable Mention: Washington D.C. $15.50.
10 Jun 2022

Videos

1. Is Child Labor Legal? - Putting Your Kids on Payroll
(Mark J Kohler)
2. Presentation on Child Labor Laws
(Brittany Harvey)
3. Unlawful Workplace Violations: How Employers Violate The Laws
(Richard Celler Legal, P.A.)
4. The Top Myths in Oklahoma Child Custody Law
(Lawrence Goodwin)
5. Child labor laws keeping teens safe in the workplace
(WWLP-22News)
6. Six Things a Child's Legal Custodian Must Decide in Oklahoma
(Wirth Law Office)
Top Articles
Latest Posts
Article information

Author: Mr. See Jast

Last Updated: 01/01/2023

Views: 6386

Rating: 4.4 / 5 (75 voted)

Reviews: 90% of readers found this page helpful

Author information

Name: Mr. See Jast

Birthday: 1999-07-30

Address: 8409 Megan Mountain, New Mathew, MT 44997-8193

Phone: +5023589614038

Job: Chief Executive

Hobby: Leather crafting, Flag Football, Candle making, Flying, Poi, Gunsmithing, Swimming

Introduction: My name is Mr. See Jast, I am a open, jolly, gorgeous, courageous, inexpensive, friendly, homely person who loves writing and wants to share my knowledge and understanding with you.