Oklahoma § 40-165.2 - Semimonthly or monthly payment of wages on regular

§ 40-165.2. Semimonthly or monthly payment of wages on regular

paydays - Payment in money - Itemized statement of deductions Prohibited payments - Dishonored checks.

Every employer in this state shall pay all wages due their

employees, other than exempt employees and employees of nonprivate

foundations qualified pursuant to 26 U.S.C. 509(a)(1) and 26 U.S.C.

Oklahoma Statutes - Title 40. Labor

170(b)(1)(A)(vi), at least twice each calendar month on regular

paydays designated in advance by the employer. State, county and

municipal employees, exempt employees, school district employees,

technology center school district employees and employees of

nonprivate foundations qualified pursuant to 26 U.S.C. 509(a)(1) and

26 U.S.C. 170(b)(1)(A)(vi) shall be paid a minimum of once each

calendar month. The amount due such employees shall be paid in

lawful money of the United States including payment by electronic

means, and the employee shall not be deemed to have waived any right

or rights mentioned in this section because of any contract to the

contrary. Each employer in this state, in its discretion, may pay

all wages due to an employee by deposit on the payday at a financial

institution of the employee's choice or, if the employee does not

consent or designate a financial institution, to a payroll card

account. With each payment of wages earned by such employee, the

employer shall issue to such employee a brief itemized statement of

any and all deductions therefrom. An interval of not more than

eleven (11) days may elapse between the end of the pay period worked

and the regular payday designated by the employer. The employer

shall be allowed three (3) days after such payday in which to comply

with this section.

No such employer shall issue, in payment of or as evidence of

indebtedness due an employee any check, cashier's check, draft, time

check, store order, scrip, or other acknowledgment of indebtedness

unless the same is payable or redeemable upon demand without

discount and for face value in lawful money of the United States.

If an employer pays an employee with a check which is subsequently

returned to the employee or an agent thereof by reason of the

refusal of the bank upon which such check was drawn to honor the

same due to insufficient funds or a stop payment notice, the

employer shall reimburse the employee for any fees or costs incurred

by the employee due to the refusal to honor the check within

fourteen (14) days of the employer's notice of the bank's refusal to

honor the check.

Added by Laws 1955, p. 241, § 2, emerg. eff. June 6, 1955. Amended

by Laws 1967, c. 346, § 1, emerg. eff. May 18, 1967; Laws 1982, c.

304, § 25, operative Oct. 1, 1982; Laws 1990, c. 333, § 19, emerg.

eff. May 31, 1990; Laws 2002, c. 160, § 2, eff. Nov. 1, 2002; Laws

2006, c. 277, § 2, eff. Nov. 1, 2006; Laws 2009, c. 164, § 1, eff.

Nov. 1, 2009; Laws 2013, c. 45, § 1, eff. July 1, 2013; Laws 2022,

c. 156, § 2, eff. Nov. 1, 2022.

§40-165.2a. Administrative fine.

The Commissioner of Labor or designee is hereby authorized to

assess an administrative fine of Five Hundred Dollars ($500.00)

against an employer operating in this state who is found to have

violated Sections 165.1 through 165.11 of Title 40 of the Oklahoma

Oklahoma Statutes - Title 40. Labor

Statutes if such violations occur on two or more occasions within

any six-month period. All administrative fines collected pursuant

to this section shall be deposited to the Department of Labor

Revolving Fund.

Added by Laws 2002, c. 226, § 1, emerg. eff. May 9, 2002. Amended

by Laws 2003, c. 293, § 1, emerg. eff. May 27, 2003.