The frequency with which an employee is required to be given their paycheck varies by state in the United States. In the majority of states, there is a law that governs the issue.
This means that state laws provide the frequency with which an employee must be paid. The frequency of paydays may be classified as:
- Weekly;
- Biweekly;
- Semimonthly; and
- Monthly.
In some states, however, payday frequency requirements are not provided. For example in Alabama and South Carolina, only employers with more than 5 employees are required to give written notice to employees about pay periods.
In some states, there are other requirements regarding paydays. There may be different pay periods for different types of workers, depending on their occupations.
The majority of states also require that employers give their employees notice of the pay period used for their occupation. In addition, workers who are classified as independent contractors are not governed by paycheck laws.
Typically, the frequency with which an independent contractor is paid will be outlined in a written contract between the independent contractor and their employer. Another issue that may arise related to payday frequency is whether or not an employee is exempt or non-exempt.
An exempt employee is not protected by the Fair Labor Standards Act (FLSA), and is not entitled to overtime pay. Certain jobs are exempt by definition under the law, such as airline employees and outside sales staff.
In the majority of professions, a worker is exempt if they meet the following three criteria:
- The employee is paid at least $23,600 per year, or $455 per week;
- The employee is paid on a salary basis; and
- The employee performs the duties of an exempt job.
A nonexempt employee must be paid at least the minimum wage and overtime pay for any time worked over 40 hours in one week. Under the FLSA, non-exempt employees are required to be paid time and a half of their regular pay rate for each hour of overtime worked.
Paycheck Laws of Oklahoma
Under Oklahoma employment laws, an employer has responsibilities towards their employees which includes paying them in accordance with the paycheck laws of the state. Oklahoma has laws in place to protect employee’s rights related to receiving their paychecks.
If an employer is not treating an employee fairly in terms of their wages, they should review the laws carefully to determine what they are owed. It may also be helpful to consult with a lawyer who can advise them regarding the applicable laws of the state.
When Must Paychecks Be Sent Out in Oklahoma?
Under Oklahoma state labor laws, non-managerial employees must be paid at least semimonthly. Managerial employees, however, may be paid once per month instead of twice per month.
An employer may pay a worker more often than that. However, it will depend on the company policies as well as the applicable employment contract.
This applies to a worker regardless of whether they are paid hourly or if they are on a salary.
What Happens if I Am Fired?
If an individual’s employment is terminated, final paycheck guidelines require that the employer must provide any wages owed by the next pay day. It is not relevant whether the individual leaves their employer because they were terminated or because they quit.
The State of Oklahoma does not require an employer to include unused paid time off in the employee’s final paycheck. If, however, an employer already provides the employee with paid vacation or sick time, they are required to follow through with their policy or the employment contract in regards to whether they will compensate the individual for their accrued paid time off.
Can My Paycheck Be Garnished in Oklahoma?
A wage attachment or wage garnishment is often an order that is issued by a court or by a government agency. This type of order requires an employer to automatically deduct a specified amount of money from an employee’s wages before they receive payment.
There are two common types of wage garnishments, those issued for child support obligations and those issued by the IRS. An individual’s wages may also be garnished to pay money that is owed to a creditor.
The purpose of this process is typically to ensure that the individual satisfies:
- Delinquent taxes;
- Child support payments;
- Alimony obligations; or
- Debts.
In the State of Oklahoma, an individual’s wages may only be garnished without a court order specifying garnishment if the money is being collected for:
- Unpaid taxes;
- Child support; or
- Defaulted student loans.
Other types of personal debts must first be taken to court before they can be taken directly from an individual’s paycheck without their permission. If an individual’s creditor obtains a court order to garnish their wages, that debt may be garnished from their paycheck.
In Oklahoma, employers are prohibited from deducting money from an individual’s paycheck unless they are legally obligated to make the deduction or the individual provides them permission in writing to deduct the money.
However, there are very few instances in which an individual can provide your employer with permission to garnish their wages, including:
- Repaying a loan that the employer provided to the individual;
- If the individual was accidentally overpaid; or
- To make payments towards insurance.
Can I Recover a Withheld Paycheck in Oklahoma?
In Oklahoma, there is no legal reason why an individual’s employer should refuse to provide them with their paycheck. If an individual is in a situation where they are having issues obtaining their paycheck, they can file a complaint with the Wage and Hour Unit of the Oklahoma Department of Labor.
The individual may also be able to file a lawsuit against their employer. It is important to consult with an attorney to determine all options that may be available.
How Long Can an Employer Hold My Paycheck in Oklahoma?
When an individual loses their job, Oklahoma law requires that an employer pay the employee their final wages within 3 days of when they would normally be paid. For example, if an individual loses their job on the 10th but is normally paid on the 15th, they must wait until then to receive their paycheck.
Can I Sue My Employer for Not Paying Me on Time?
If an individual has earned wages that have not been paid to them on the regularly scheduled date and the additional 3 day allowance has passed, an individual can submit a wage claim with the Oklahoma Department of Labor Wage and Hour Unit.
It is important to consult with a local attorney to determine what options may be available.
What Else Do I Need to Know?
Under Oklahoma laws, an employer can require the employee to pay for the uniform that is provided to them. In order to ensure that the worker pays for the cost of the uniform, the employer is permitted to take out a credit or lien against their paycheck.
Where Can I Find the Right Lawyer?
If you are having issues getting paid by your employer, whether your paycheck is late or you did not receive it at all, it is important to consult with an Oklahoma employment lawyer as soon as possible. Your lawyer can help you enforce your right to receive your earned wages.
