Oklahoma Statutes

Okla. Stat. tit. 40, § 165.9 (2026)

Actions to recover unpaid wages and damages - Parties -

✓ current as of July 2026

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Costs and attorney's fees. A. Action by an employee to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action for and on behalf of all employees similarly situated for such wages. Any employee, or his representative, shall have the power to settle and adjust his claim for unpaid wages. B. The court in any action brought under this section may, in addition to any judgment awarded to the plaintiff or plaintiffs, defendant or defendants, allow costs of the action, including costs or fees of any nature, and reasonable attorney's fees. Amended by Laws 1982, c. 304, § 28, operative Oct. 1, 1982; Laws 1988, c. 250, § 2, emerg. eff. June 27, 1988.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1961–2023 · leading case: Brisco v. State Ex Rel. Bd. of Regents Agric. & Mech. Colleges, 2017 OK 35 (Okla. 2017).

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Brisco v. State Ex Rel. Bd. of Regents Agric. & Mech. Colleges, 2017 OK 35 (Okla. 2017). · cites it 10× “17 In deciding otherwise, the Court of Civil Appeals reasoned that if §936 were limited to situations in which labor had been provided but not yet compensated, 40 O.S. §165.9 renders it redundant. Title 40 O.”

Hamilton v. Water Whole Int'l Corp., 302 F. App'x 789 (10th Cir. 2008). · cites it 2× “In its response filed October 24, 2006, Water Whole highlighted this discrepancy and argued the fee application therefore failed to meet the requirements of Rule 54(d) that a motion for attorney’s fees be filed “no later than 14 days after entry of judgment” and “specify the…”

Mojsilovic v. Oklahoma Ex Rel. Bd. of Regents, 841 F.3d 1129 (10th Cir. 2016). “§ 216 (b) (permitting employees to recover for unpaid overtime), and the Oklahoma Protection of Labor Act (OPLA), Okla. Stat. tit. 40, § 165.9 (permitting employees to recover for unpaid wages).”

Waits v. Viersen Oil & Gas Co., 2020 OK CIV APP 2 (Okla. Civ. App. 2019). “¶39 Viersen further argues that the court had discretion to award fees after a dismissal pursuant to the unpaid wages statute, 40 O.S. § 165.9. The fee provision of § 165.”

Parkhill Truck Co. v. Reynolds, 359 P.2d 1064 (Okla. 1961). · cites it 2× “It is next urged that the provisions of 40 O.S.Supp.1955 § 165.9(b) declaring that in an action to recover unpaid wages the trial court may allow an attorney’s fee, are unconstitutional in that they deny like relief to the employer, if he should be the prevailing' party.”

Enderwood v. Sinclair Broadcast Grp., Inc., 233 F. App'x 793 (10th Cir. 2007). “25, §§ 1301-11 ; (3) failure to pay for accrued and unused vacation under Okla. Stat. Ann. tit 40 § 165.9; (4) interference with his employment agreement with KOKH; and (5) violation of the Oklahoma common-law public-policy tort prohibiting employment discrimination identified…”

Waits v. Viersen Oil & Gas Co., 2020 OK CIV APP 2 (Okla. Civ. App. 2019). · cites it 2× “¶39 Viersen further argues that the court had discretion to award fees after a dismissal pursuant to the unpaid wages statute, 40 O.S. § 165.9. The fee provision of § 165.”

Langdon v. Saga Corp., 597 P.2d 1226 (Okla. Civ. App. 1979). · cites it 3× “The second statute, on which Appellant seems to rely, is 40 O.S.1971, § 165.9. This statute, in pertinent part, provides that the “Court in any action brought under this subsection may .”

Shackelford v. Oklahoma Military Dep't, 919 P.2d 448 (Okla. Civ. App. 1996). “, for bad faith or unsupported claim or defense); 40 O.S.1991 § 165.9 (court in action to recover unpaid wages may also allow attorney fees to successful party); 12 O.”

Gatewood v. Hamidiy Inc (W.D. Okla. 2023). “a reasonable attorney’s fee as part of the costs”); Okla. Stat. tit. 40, § 165.9 (B) 17”

Mojsilovic v. Oklahoma ex rel. Bd. of Regents for the Univ. of Oklahoma, 101 F. Supp. 3d 1137 (W.D. Okla. 2015). “and Okla. Stat. tit. 40 § 165.9. 1 Defendant raises a number of challenges to Plaintiffs’ claims, only one of which is addressed herein due to its dispositive nature.”

Cook v. City of Edmond, 2010 OK CIV APP 116 (Okla. Civ. App. 2010). “However, the court found City does not pay Officers for the additional 15 minutes pre- and post-shifts per day required to be on duty in violation of 40 O.S.2001, § 165.9. ¶ 9 Also on July 7, 2006, the arbitrator issued his ruling, denying the grievance.”

— Okla. Stat. tit. 40, § 165.9(b) — 1 case

Parkhill Truck Co. v. Reynolds, 359 P.2d 1064 (Okla. 1961). “It is next urged that the provisions of 40 O.S.Supp.1955 § 165.9(b) declaring that in an action to recover unpaid wages the trial court may allow an attorney’s fee, are unconstitutional in that they deny like relief to the employer, if he should be the prevailing' party.”

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