A. Whenever an employee's employment terminates, the employer shall pay the employee's wages in full, less offsets and less any amount over which a bona fide disagreement exists, as defined by Section 165.1 of this title, at the next regular designated payday established for the pay period in which the work was performed either through the regular pay channels or by certified mail postmarked within the deadlines herein specified if requested by the employee, unless provided otherwise by a collective bargaining agreement that covers the employee. B. If an employer fails to pay an employee wages as required under subsection A of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of two percent (2%) of the unpaid wages for each day upon which such failure shall continue after the day the wages were earned and due if the employer willfully withheld wages over which there was no bona fide disagreement; or in an amount equal to the unpaid wages, whichever is smaller; provided, however, that for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he thereafter shall have been adjudicated bankrupt upon such petition. Laws 1955, p. 241, § 3, emerg. eff. June 6, 1955; Laws 1968, c. 270, § 1, emerg. eff. April 30, 1968; Laws 1974, c. 12, § 1, emerg. eff. April 3, 1974; Laws 1982, c. 304, § 26, operative Oct. 1, 1982; Laws 2005, c. 359, § 2, eff. Nov. 1, 2005.
Notes of Decisions
Cited in
21
cases (
7 in the last 5 years), 1990–2025 · leading case:
Potter v. Synerlink Corp., 562 F. App'x 665 (10th Cir. 2014).
Potter v. Synerlink Corp., 562 F. App'x 665 (10th Cir. 2014).
· cites it 6× “Oklahoma’s Protection of Labor Act (“PLA”), Okla. Stat. tit. 40, § 165.3 , states that when an employee’s job is terminated, the employer must timely “pay the employee’s wages in full, less offsets and less any amount over which a bona fide disagreement exists .”
Molock v. Whole Foods Mkt., Inc., 297 F. Supp. 3d 114 (D.C. Cir. 2018).
“Code § 3-504 (Count VIII); (9) failure to pay wages upon discharge in violation of Okla. Stat. tit. 40, § 165.3 (Count IX); (10) failure to pay wages in violation of Okla.”
In Re ELRS Loss Mitigation, LLC, 325 B.R. 604 (Bankr. N.D. Okla 2005).
“dditionally liable to the employee for liquidated damages in the amount of two percent (2%) of the unpaid wages for each day upon which such failure shall continue after the day upon which payment is required; or in an amount equal to the unpaid wages, whichever is smaller;…”
Waits v. Viersen Oil & Gas Co., 2020 OK CIV APP 2 (Okla. Civ. App. 2019).
“Waits sought a doubling of this "wage" claim pursuant to 40 O.S.2011 § 165.3, alleging there was no bona fide dispute as to his entitlement to the severance payment.”
Enderwood v. Sinclair Broadcast Grp., Inc., 233 F. App'x 793 (10th Cir. 2007).
· cites it 2× “The court reasoned that not only was the fired employee unable to comply with the employer’s policy, but that the Oklahoma statute requiring payment of an employee’s wages upon the end of employment, Okla. Stat. Ann. tit. 40, § 165.3 , lacked an “involuntary termination…”
Biggs v. Surrey Broad. Co., 811 P.2d 111 (Okla. Civ. App. 1991).
“" Title 40 O.S.Supp.1990 § 165.3, states in relevant part that: "A.”
Simpson v. City of Blanchard, 797 P.2d 346 (Okla. Civ. App. 1990).
· cites it 2× “Simpson contends that an obligation to pay an employee for unused sick leave is implied because the policy does not expressly provide to the contrary and by reason of 40 O.S.Supp.1989 § 165.3, which requires payment at the next regular payday of any “wages” due an employee upon…”
Waits v. Viersen Oil & Gas Co., 2020 OK CIV APP 2 (Okla. Civ. App. 2019).
· cites it 2× “Waits sought a doubling of this "wage" claim pursuant to 40 O.S.2011 § 165.3, alleging there was no bona fide dispute as to his entitlement to the severance payment.”
Guerrero v. Horn, 837 P.2d 935 (Okla. Civ. App. 1992).
“Appellant also sought liquidated damages pursuant to 40 O.S.Supp.1982 § 165.3(B) in an amount equal to the wages due for Appel-lee’s failure to pay wages when due.”
Helm v. Bd. of Cnty. Commissioners of Rogers Cnty., 2019 OK CIV APP 67 (Okla. Civ. App. 2019).
· cites it 4× “¶4 Helm's petition states, (1) she was an employee of the County, (2) her employment was terminated, (3) she had accrued unpaid personal and vacation leave for which she was not paid, and (4) pursuant to 40 O.S. §165.3, she is entitled to past-due wages and a statutory penalty…”
— Okla. Stat. tit. 40, § 165.3(A) — 1 case
— Okla. Stat. tit. 40, § 165.3(B) — 5 cases
Potter v. Synerlink Corp., 562 F. App'x 665 (10th Cir. 2014).
“Oklahoma’s Protection of Labor Act (“PLA”), Okla. Stat. tit. 40, § 165.3 , states that when an employee’s job is terminated, the employer must timely “pay the employee’s wages in full, less offsets and less any amount over which a bona fide disagreement exists .”
Guerrero v. Horn, 837 P.2d 935 (Okla. Civ. App. 1992).
“Appellant also sought liquidated damages pursuant to 40 O.S.Supp.1982 § 165.3(B) in an amount equal to the wages due for Appel-lee’s failure to pay wages when due.”
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