Oklahoma tip laws (2026)
Oklahoma follows the federal numbers: $7.25 an hour, with a $2.13 tipped cash wage and a $5.12 tip credit. Since November 1, 2025, state law ties the tipped cash wage to the federal floor instead of the old 50% cap. Cities can't set their own minimum.
Oklahoma at a glance
Tip credit allowedOklahoma: $7.25 an hour minimum wage. Tipped staff can be paid $2.13 cash, with up to $5.12 counted from tips.
| State minimum wage | $7.25/hr | Statewide from .[1][2] |
|---|---|---|
| Tipped cash wage | $2.13 | Plus up to $5.12 in tips = $7.25.[3][4] |
| Max tip credit | $5.12 | Counted from tips.[4][3] |
| Tip pooling | Allowed | Mandatory pools allowed.[5] |
| Card-fee deduction | Pro rata only | Only the tip's share of the fee.[5] |
| Card tip payout | Card tips are due by the regular payday, without waiting for the card company. | No separate state rule was found.[5] |
| Local minimum wages | None | State law blocks local rates.[6] |
Rates verified against the Oklahoma Department of Labor, Wage and Hour Unit on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)
02The yes/no sheet
Can you do this in Oklahoma?
In Oklahoma you can take a tip credit of up to $5.12 an hour, can require staff to join a tip pool and can take out only the tip's share of a card fee. Each answer below carries its condition and an official source.
| Number | Can you… | Answer | The condition |
|---|---|---|---|
| 01 | Take a tip credit against minimum wage? | Yes | Pay at least $2.13 cash and count up to $5.12 in tips. Tips must cover the gap.[3][4] |
| 02 | Make staff join a tip pool? | Yes | Federal rules apply. No separate state pooling limit was found.[5] |
| 03 | Include bartenders, bussers, runners and hosts? | Depends | Bartender, busser, food runner and host: depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| 04 | Include cooks and dishwashers? | Depends | Federal rule: cooks and dishwashers can join only a pool where everyone gets the full cash minimum.[5] |
| 05 | Give managers or supervisors a share? | No | Federal rule: managers and supervisors get no share of pooled tips. Tips for service they directly and solely provide are separate.[5] |
| 06 | Let an owner keep any of the tips? | No | Employers can't keep workers' tips. Owners with 20% or more equity who actively manage count as managers.[5] |
| 07 | Pick your own split (hours, points or percentages)? | Depends | Employers can require and set a valid pool under federal rules. No separate state rule was found.[5] |
| 08 | Take card processing fees out of tips? | Pro rata | Federal rule: only the actual share of the card fee can come out of the tip, and wages can't drop below the floor.[5] |
| 09 | Hold card tips until payday? | Deadline | Card tips are due by the regular payday, without waiting for the card company. No separate state rule was found.[5] |
| 10 | Cover walkouts, breakage or register shortages from tips? | No | Not from tips.[5] |
| 11 | Keep a mandatory service charge for the house? | Federal rule | Federal covered employment: compulsory charges are not tips; distributed amounts are wages included in the overtime regular rate. No separate state distribution rule identified.[5] |
Not covered here? Ask the Oklahoma Department of Labor, Wage and Hour Unit at 405-521-6100 or on oklahoma.gov/labor/workplace-rights/wage-hour.html.
03State vs federal
Oklahoma vs federal law
Oklahoma follows the federal baseline on the rules below: $7.25 minimum wage, $2.13 tipped cash wage and up to $5.12 in tip credit.
| Rule | Federal (FLSA) | Oklahoma | Comparison |
|---|---|---|---|
| Minimum wageSame as federal | Federal$7.25[5] | Oklahoma$7.25[1][2] | Same as federal |
| Tipped cash wageSame as federal | Federal$2.13[5] | Oklahoma$2.13[3][4] | Same as federal |
| Max tip creditSame as federal | Federal$5.12[5] | Oklahoma$5.12[4][3] | Same as federal |
| Who counts as tippedFederal applies | FederalMore than $30 a month in tips, customarily and regularly received in the occupation.[5] | OklahomaFederal rule applies.[3] | Federal applies |
| Managers in the poolFederal applies | FederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[5] | OklahomaFederal rule: managers and supervisors get no share of pooled tips. Tips for service they directly and solely provide are separate.[5] | Federal applies |
| Kitchen in the poolFederal applies | FederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[5] | OklahomaFederal rule: cooks and dishwashers can join only a pool where everyone gets the full cash minimum.[5] | Federal applies |
| Card fees from tipsSame as federal | FederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[5] | OklahomaTip's share of the fee only[5] | Same as federal |
| Card tip payoutState rule | FederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[5] | OklahomaCard tips are due by the regular payday, without waiting for the card company. No separate state rule was found.[5] | State rule |
| Mandatory service chargesFederal applies | FederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[5] | OklahomaFederal covered employment: compulsory charges are not tips; distributed amounts are wages included in the overtime regular rate. No separate state distribution rule identified.[5] | Federal applies |
| Overtime for tipped staffState rule | FederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[5] | OklahomaNo separate state formula. Under federal law, overtime is 1.5 times the full regular rate after 40 hours, minus the normal credit.[5][3] | State rule |
Every state starts from the same federal floor. Federal tip law baseline: the FLSA rules, rates and sources, and how Oklahoma fits among the four tip credit classes.
Law change
The 50% cap is gone
SB 250 took effect November 1, 2025. State law now points to the federal $2.13 cash wage instead of a percentage cap.[3][7]
Before November 1, 2025
- State tip-credit text used a 50% cap
Since November 1, 2025
- Cash wage at least the federal floor, $2.13
- A separate provision covers a future rate above federal
04Wages
Minimum wage and the tip credit in Oklahoma
In Oklahoma employers can pay tipped staff $2.13 an hour and count up to $5.12 in tips toward the $7.25 minimum. If tips fall short, the employer makes up the difference.[3]
One server, one slow 30-hour week in Oklahoma
A busy week with $153.60 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.
- Tip credit conditions
- State law now requires at least the federal cash wage, $2.13. Real tips have to cover the gap, and federal notice and pool rules apply.[3]
- Who counts as tipped
- No state rule. Federal rule applies: more than $30 a month in tips, customarily and regularly received in the occupation.[5][3]
- Overtime
- No separate state formula. Under federal law, overtime is 1.5 times the full regular rate after 40 hours, minus the normal credit.[5][3]
- Side work and dual jobs
- No state rule. Federal rule applies: current 29 CFR 531.56(e) is the restored 1967 occupation-based dual-jobs rule. No tip credit for a separate non-tipped occupation; related duties within the tipped occupation need not themselves produce tips. The vacated 2021 federal 80/20 and 30-continuous-minute limits are not current regulatory limits. FAB 2026-1 withdraws historical opinion letters and confirms WHD enforcement guidance no longer sets specific time limits; it is agency guidance, not a new statute or regulation.[8][9][3]
Other rates
One statewide rate. No employer-size, industry or youth rates in Oklahoma.
Scheduled increases
No statewide increase with a published amount is on file as of .
06Tip pool
Who can be in the tip pool in Oklahoma
Oklahoma allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.
| Role | Can share? | Condition |
|---|---|---|
| Front of house | ||
| Server | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Bartender | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Busser | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Food runner | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Host | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Barback | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Expo | Depends | Depends on actual duties and on whether the pool pays everyone the full cash minimum.[5] |
| Back of house | ||
| Cook | Depends | Only in a pool where everyone gets the full cash minimum and no tip credit is taken.[5] |
| Dishwasher | Depends | Only in a pool where everyone gets the full cash minimum and no tip credit is taken.[5] |
| Leadership | ||
| Shift lead | Depends | Depends on actual duties. Anyone who meets the federal manager test gets no pool share.[5] |
| Manager or supervisor | Not allowed | Federal rule: no share of other workers' pooled tips.[5] |
| Owner | Not allowed | Federal rule: employers can't keep any part of workers' tips.[5] |
- Managers and supervisors
- Federal rule: managers and supervisors get no share of pooled tips. Tips for service they directly and solely provide are separate.[5]
- Owners
- Employers can't keep workers' tips. Owners with 20% or more equity who actively manage count as managers.[5]
- Back of house
- Federal rule: cooks and dishwashers can join only a pool where everyone gets the full cash minimum.[5]
- Who sets the percentages
- Employers can require and set a valid pool under federal rules. No separate state rule was found.[5]
- Cap on what a pool can take
- No state rule. Federal rule applies: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[5][3]
- Pooling allowed
- Yes. Federal rules apply. No separate state pooling limit was found.[5]
07Put it to work
Setting up a tip pool in Oklahoma
Under Oklahoma rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.
| Who | By % | By points | By hours |
|---|---|---|---|
| Maya | $268.29 | $250.00 | $211.78 |
| Jordan | $268.29 | $250.00 | $211.76 |
| Priya | $268.29 | $250.00 | $211.76 |
| Sam | $175.61 | $200.00 | $211.76 |
| Luis | $109.76 | $125.00 | $176.47 |
| Ava | $109.76 | $125.00 | $176.47 |
| Theo | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Kim | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Rafa | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Dana | Not in the pool. Federal rule: no share of other workers' pooled tips. | ||
| Total | $1,200.00 | $1,200.00 | $1,200.00 |
Fictional restaurant and staff. The guest-facing staff here are assumed to meet Oklahoma's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.
Ferry Tip Manager: support pool split by hours
Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.
Who it's for Full-service restaurants that tip out bussers, runners and bar backs
08Service charges
Service charges vs tips in Oklahoma
Oklahoma has no service charge rule of its own. Under federal law a mandatory service charge is not a tip, and any part paid to staff counts as wages.
| Question | OptionalTip | MandatoryService charge |
|---|---|---|
| Who sets the amount | The guest | The business |
| Who it belongs to | The worker it was left for, or the pool | Federal covered employment: compulsory charges are not tips; distributed amounts are wages included in the overtime regular rate. No separate state distribution rule identified.[5] |
| Can it go to staff? | Yes, through the pool | Yes. Amounts paid to staff are wages, not tips.[5] |
| How it's taxed (federal) | Tip income the worker reports | Regular wages, with payroll taxes[13][14] |
| Guest notice | None needed | No state rule. Federal law sets no menu or receipt notice rule.[3] |
- Step 1Did the guest choose whether to pay it, and how much?YesIt's a tip. It belongs to staff.NoIt's a mandatory charge. Go to step 2.
- Step 2What does Oklahoma say?Federal ruleFederal covered employment: compulsory charges are not tips; distributed amounts are wages included in the overtime regular rate. No separate state distribution rule identified.[5]
- Step 3Check the cityNo city service charge rules on file for Oklahoma.
- Menu and receipt notice
- No state rule. Federal law sets no menu or receipt notice rule.[3]
- Large-party auto gratuities
- Federal compulsory automatic charges are service charges rather than tips; no separate Oklahoma distribution rule identified.[5]
Local service charge rules
No local service charge rules on file for Oklahoma.
More on the difference: service charge vs tip.
09Card tips
Card tips in Oklahoma: fees and payout timing
In Oklahoma only the tip's share of the card processing fee can come out of a card tip. Payout deadline: card tips are due by the regular payday, without waiting for the card company. No separate state rule was found.
Federal rule: only the actual share of the card fee can come out of the tip, and wages can't drop below the floor.[5]
When card tips have to land
- TonightGuest adds a tip On the card, at the table.
- CloseShift is tallied The pool is split by your rules.
- DeadlineOklahoma rule Card tips are due by the regular payday, without waiting for the card company. No separate state rule was found.[5]
- Last dayFinal pay Quit or fired: due by the next regular payday. Mailed on the worker's request, subject to any union contract.[2]
Paydays: Nonexempt workers are paid at least twice a month, within 11 days after the period ends. The agency allows 3 extra days.[2]
Paying tips on a payroll card
- Must you offer another option?YesUnder federal rules. Oklahoma's statute allows a default card when no bank is picked, but the agency FAQ says cards are voluntary.[15]
- Holding cash tipsFederal ruleNo state rule. Federal rule applies: employer may collect to administer a valid pool, then distribute under the regular-payday rule. No broader authorization to retain cash tips is established.[5][3]
- Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[16][3]
Ferry Pay: each tip share, paid out digitally
Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.
Who it's for Operators who want to stop the nightly cash run
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
Not covered here? Ask the Oklahoma Department of Labor, Wage and Hour Unit at 405-521-6100 or on oklahoma.gov/labor/workplace-rights/wage-hour.html.
10Records
Records and notices in Oklahoma
Keep each tipped worker's tips and hours on record, shift by shift. Federal law: FLSA: payroll records at least three years; underlying wage-computation records two years.
Oklahoma State
Everywhere Federal
- Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[5]
- How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[20]
- Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[5]
- A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
Not covered here? Ask the Oklahoma Department of Labor, Wage and Hour Unit at 405-521-6100 or on oklahoma.gov/labor/workplace-rights/wage-hour.html.
Think your tips were handled wrong in Oklahoma?
Workers in Oklahoma can file a tip or wage claim with the Oklahoma Department of Labor, Wage and Hour Unit (405-521-6100). Filing is free, and this page can't settle a dispute; the state can.[21]
Retaliation: Punishing a worker for a wage complaint, investigation or testimony is a state misdemeanor. Federal protections apply too.[22]
Penalties: Double the unpaid wages plus costs and fees in court. Willful late final pay adds 2% a day, capped at the unpaid amount.[23][4][24]
Can they take this out of my tips?
- Walkouts and dine-and-dashNot allowedTips can't cover employer losses. Wage deductions need a signed written agreement and can't cut below the minimum.[5]
- BreakageNot allowedTips can't cover employer losses. Wage deductions need a signed written agreement and can't cut below the minimum.[5]
- Register shortagesNot allowedTips can't cover employer losses. Wage deductions need a signed written agreement and can't cut below the minimum.[5]
- UniformsNot allowedTips can't cover employer costs. Wage deductions need a signed written agreement and can't cut below the minimum.[5]
- Card processing feesAllowedOnly the actual share of the card fee, under the federal rule. Required wages still have to be paid.[5]
- A manager's shareNot allowedFederal rule: employers and managers can't keep workers' tips.[5]
11Law changes
What changed in Oklahoma tip law, and what's coming
No statewide increase with a published amount is on file for Oklahoma as of . Most recent change: SB 250 replaced the old 50% tip-credit cap with the federal $2.13 cash floor, and added a provision for a future higher rate ().
- ChangedSB 250 replaced the old 50% tip-credit cap with the federal $2.13 cash floor, and added a provision for a future higher rate.[3]
Bills and ballot measures
Nothing pending as of .
Key statutes
- 40 OS 197.2, .4, .5, .9, .16
- 40 OS 165.2–3,199
- 40 OS 160
12FAQ
Oklahoma tip law questions
Plain answers to the 8 questions restaurant owners and staff ask most about Oklahoma tip law, each linked to its source.
What is Oklahoma's tipped minimum wage?
Is the old 50% tip-credit cap still the law?
Do all Oklahoma employers pay $7.25?
Can an employer require a tip pool?
Yes, under federal rules. Managers and owners can't share, and cooks or dishwashers can join only if everyone gets the full cash minimum.[5]
Can tips cover card-processing fees?
Only the actual share of the card fee, under federal rules. The deduction can't drop pay below the required wage.[5]
Can a worker refuse a payroll card?
When is a final paycheck due?
By the next regular payday, whether the worker quits or is fired.[2]
Can an Oklahoma city set a higher minimum wage?
No. State law blocks local minimum-wage rules.[6]
13Compare
How Oklahoma compares with nearby states
Oklahoma borders Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas. Arkansas, Colorado, Missouri and New Mexico pay a higher minimum wage than Oklahoma's $7.25. Running locations on both sides of a line? Each one follows its own state's rules.
Neighboring states
- Arkansas tip laws$11.00 min wage $2.63 tipped cash wage Above $2.13
- Colorado tip laws$15.16 min wage $12.14 tipped cash wage Above $2.13
- Kansas tip laws$7.25 min wage $2.13 tipped cash wage $2.13 cash
- Missouri tip laws$15.00 min wage $7.50 tipped cash wage Above $2.13
- New Mexico tip laws$12.00 min wage $3.00 tipped cash wage Above $2.13
- Texas tip laws$7.25 min wage $2.13 tipped cash wage $2.13 cash
States with the same rules
Same tip credit class as Oklahoma: Tip credit, federal cash wage.
- Indiana tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Nebraska tip laws$15.00 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- North Carolina tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Utah tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Virginia tip laws$12.77 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage, and only the tip's share of card fees
- Kentucky tip laws$7.25 min wage $2.13 tipped cash wage Also a $2.13 tipped cash wage
The law decides who's in. Ferry runs the split.
See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own Oklahoma setup.
14Sources
Sources for Oklahoma tip laws
Every figure on this page links to one of these 24 sources: 18 for Oklahoma and 6 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.
- 140 OS 197.2 Minimum Wages EstablishedOklahoma State Courts Network · Official source · Page updated · Checked Pinpoint: 197.2www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+197.2
What the source says
“no employer within the State of Oklahoma shall pay any employee a wage of less than the current federal minimum wage for all hours worked.”
- 2Wage and Hour Frequently Asked QuestionsOklahoma Department of Labor · Official source · Page updated · Checked Pinpoint: How often paid?; Wage claim timingoklahoma.gov/labor/workplace-rights/wage-hour/faqs---wage-and-hour.html
What the source says
“The federal and state minimum wage of $7.25 per hour”
“Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month.”
“Employers are required to establish regular pay dates within eleven (11) days after the end of each pay period.”
- 340 OS 197.16 Tips Gratuities Meals Lodging CreditOklahoma State Courts Network · Official source · Page updated · Checked www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=77551
What the source says
“provided that the employer pays a cash wage of not less than what is required under 29 C.F.R., Section 531.50(a)(1).”
“Amended by Laws 2025, SB 250, c. 401 , § 1, eff. November 1, 2025”
- 4Wage and Hour Law and Administrative Rules bookletOklahoma Department of Labor · Official source · Page updated · Checked Pinpoint: Agency booklet FAQ 12, physical p. 8; 380:30-3-3(d), physical p. 42oklahoma.gov/content/dam/ok/en/labor/documents/safety-and-health/workplace-rights/wage-hour/20190114_TRANS_RUL_WH_Rules.pdf
What the source says
“Employers must pay tipped employees at least $2.13 per hour”
“the maximum tip credit against the minimum wage is $5.12 per hour.”
“Every employer subject to Title 40 of the Oklahoma Statutes”
- 5Fact Sheet 15 Federal Tipped EmployeesU.S. Department of Labor · Official source · Checked Pinpoint: Overtime Problems; Tip pooling; Federal actual duties for traditional poolwww.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
What the source says
“The employer may not take a larger FLSA 3(m)(2)(A) tip credit for an overtime hour than for a straight time hour.”
“The FLSA allows employers to require employees to share or “pool” tips with other eligible employees.”
“An employer that takes a tip credit can require tipped employees to contribute tips only to a tip pool which is limited to employees in occupations in which they customarily and regularly receive tips,”
- 640 OS 160 Statewide minimum-wage preemptionOklahoma State Courts Network · Official source · Page updated 2014 · Checked Pinpoint: 40 OS 160www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+160
What the source says
“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”
- 7SB 250 enrolled 2025 amendmentOklahoma Legislature · Official source · Page updated 2025 · Checked www.oklegislature.gov/cf_pdf/2025-26%20ENR/SB/SB250%20ENR.PDF
- 8Tip Regulations under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Regulatory History 2020-2024, item 3; Regulatory History, item 4; Tip regulation topics listwww.dol.gov/agencies/whd/flsa/tips
What the source says
“a federal court vacated the revision, with the effect of reinstating the Department’s original dual jobs regulation.”
“On December 16, 2024, the Department announced a technical rule to restore the original dual jobs regulation at 29 CFR 531.56(e) .”
“29 CFR 531.56(e) ); and Calculating overtime pay for tipped employees ( 29 CFR 531.60 ).”
- 9Field Assistance Bulletin No. 2026-1U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: p. 1, introductory paragraphs; p. 1, introductionwww.dol.gov/sites/dolgov/files/WHD/fab/fab2026-1.pdf
What the source says
“These withdrawn opinion letters and the FOH provision that implemented them should no longer be relied upon as WHD enforcement guidance.”
“withdrawn on January 14, 2025 (see WHD FOH Revision 785), no longer reflects the Division’s policy or interpretation of the Act.”
“This Field Assistance Bulletin (FAB) withdraws Wage and Hour Division (WHD or Division) Opinion Letters FLSA-895 (Aug. 8, 1979); WH-502 (Mar. 28, 1980); and FLSA-854, 1985 WL 1259240 (Dec. 20, 1985).”
- 1040 OS 197.4 Definitions current compilationOklahoma State Courts Network · Official source · Page updated 1981 · Checked Pinpoint: 197.4(d)www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+197.4
What the source says
“if an employer has less than ten full-time employees or equivalent at any one location or place of business but does a gross business of more than One Hundred Thousand Dollars ($100,000.00) annually”
- 1140 OS 197.5 Employees Covered by ActOklahoma State Courts Network · Official source · Page updated · Checked Pinpoint: 197.5www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+197.5
What the source says
“who have reached eighteen (18) years of age wages at a rate of not less than Two Dollars ($2.00) per hour.”
- 12State Tipped Minimum Wage TableU.S. Department of Labor · Official source · Page updated · Checked www.dol.gov/agencies/whd/state/minimum-wage/tipped
- 13Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
What the source says
“Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”
“For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”
“These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”
- 14Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
What the source says
“compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”
“Rev. Rul. 2012-18”
- 15Payroll Card Choice and DisclosuresConsumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: Federal disclosures; Federal employee choicewww.consumerfinance.gov/ask-cfpb/if-my-employer-offers-me-a-payroll-card-do-i-have-to-accept-it-en-407
What the source says
“Your employer or the card issuer must provide you with the card’s terms and conditions.”
“Your employer has to offer you at least one alternative and allow you to choose.”
- 16Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
What the source says
“However, the FLSA does not require an employer to provide employees pay stubs.”
- 1740 OS 197.6 Minimum Wage NoticeOklahoma State Courts Network · Official source · Checked Pinpoint: 40 OS 197.6www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=77541
What the source says
“every employer, subject to this act, shall post a notice or notices of the pertinent provisions of this act”
- 1840 OS 165.2 Current Payment and Payroll CardsOklahoma State Courts Network · Official source · Page updated · Checked Pinpoint: 40 OS 165.2 itemized deduction statementwww.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=77475
What the source says
“the employer shall issue to such employee a brief itemized statement of any and all deductions therefrom.”
“if the employee does not consent or designate a financial institution, to a payroll card account.”
- 19Wage Claim Information and FormsOklahoma Department of Labor · Official source · Checked oklahoma.gov/labor/workplace-rights/wage-hour/wage-claim.html
What the source says
“You can submit your claim in one of two ways—but please only complete one form:”
“If you’ve earned wages and haven’t been paid, the Oklahoma Department of Labor may be able to help.”
- 20Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
What the source says
“Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”
“Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”
“Records on which wage computations are based should be retained for two years,”
- 21Wage and Hour UnitOklahoma Department of Labor · Official source · Page updated · Checked Pinpoint: Contact Wage and Hour Unitoklahoma.gov/labor/workplace-rights/wage-hour.html
What the source says
“The Oklahoma Department of Labor’s Wage & Hour Unit works to ensure workers across the state are paid fairly and on time.”
“The Oklahoma Department of Labor’s Wage & Hour Unit”
“(405) 521-6100”
- 2240 OS 199 Retaliation prohibitedOklahoma State Courts Network · Official source · Page updated · Checked Pinpoint: 199(A)(1)www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+199
What the source says
“The employee has filed a complaint with his employer, or the Commissioner of Labor or his authorized representative,”
- 2340 OS 197.9 Minimum-wage court remediesOklahoma State Courts Network · Official source · Page updated · Checked Pinpoint: 197.9www.oscn.net/applications/oscn/DeliverDocument.asp?cite=40+O.S.+197.9
What the source says
“shall be liable to such employee for double the full amount of such wages, less any amount actually paid”
- 2440 OS 165.3 Current Final Wage RemediesOklahoma State Courts Network · Official source · Page updated · Checked www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=77476
What the source says
“if the employer willfully withheld wages over which there was no bona fide disagreement;”
15Methodology
How we research these pages
Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.
- 1
Official sources only
Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.
- 2
Every figure is linked
Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.
- 3
Re-checked on a schedule
Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.
- 4
Gaps are left out, not guessed
If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.
What changed on this page
- First version of this page. Every figure was checked against the official sources listed on this page.
Researched by Ferry's tip operations research team. Last reviewed .
Changes to the law itself are listed in What changed and what's coming.
16Every state
Tip laws in every state
Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.
- No tip creditNo tip credit
- Above $2.13Tip credit, cash wage above federal
- $2.13 cashTip credit, federal cash wage
- FederalFederal rates apply
51 of 51 state pages. Open the master guide for the federal baseline, tip credit classes and the full comparison table.