OKLAHOMA - Workers’ Rights

Definition of agricultural worker under state law:

Oklahoma wage law specifies that “employee” does not include: “an individual employed on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment.” 40 Okl. St. § 197.4(e)(1).

Wages and Overtime

Minimum Wage

• There is a state law regarding minimum wage. (40 Okla. St. tit. 40 § 197.2)
• The state adopts the federal minimum wage. Current minimum wage is $7.25/hr. 
• Agricultural workers are not covered by the state minimum wage. (Okla. St. tit. 40, § 197.4(e)(1))

Overtime

There is no state law regarding overtime pay.

State Enforcement Agency

Department of Labor, Wage & Hour Unit

Website: https://www.ok.gov/odol/Employment_Issues/Wage_and_Hour/index.html 

Relevant Forms: https://www.ok.gov/odol/documents/Wage%20Claim%20Form%20-%20combined.pdf

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions.  (Okla. St. tit. 85A, § 2(18)(b)(2)) 

State Enforcement Agency:

Oklahoma Workers’ Compensation Commission

Website: https://www.ok.gov/wcc/About_the_Commission/Contact_Us/index.html

Relevant Forms: https://www.ok.gov/wcc/Forms/index.html

Field Sanitation

• There is no state law regarding field sanitation.

Federal Enforcement Agency:

US DOL, Oklahoma OSHA Office

Website: https://www.osha.gov/contactus/bystate/OK/areaoffice

Pesticide Safety

• There is no state law regarding pesticide safety in agriculture. There are laws governing pesticide use in the state. (OKLA. ST. tit. 2, § 3-81, et seq.)
• Suspected pesticide poisoning is not a mandatory reportable illness for health care providers. Reporting is optional. (63 Okl. St. § 6301)

State Enforcement Agency:

Department of Agriculture and Forestry, Pesticide Compliance

Website: https://www.oda.state.ok.us/cps/pesticidecomplaints.htm

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining.

Oklahoma is a “right to work” state (OKL. CONST. Art. XXIII, § 1A) meaning no person can be compelled to join a union as a condition of employment or be required to pay union dues.
• There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted, or disciplined) or to engage in collective bargaining with agricultural employers.

State Legal Services Organizations

Legal Aid Services of Oklahoma

https://www.legalaidok.org/