Okla. Admin. Code § 1:2024-25

Current through Vol. 42, No. 4, November 1, 2024
Section 1:2024-25

EXECUTIVE ORDER 2024-25

I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the provisions of Section 3 of Article V of the Oklahoma Constitution, Sections 12 and 25 of Title 34 of the Oklahoma Statutes, and the referral by the Secretary of State, do hereby declare that State Question Number 832, Initiative Petition 446, be submitted to qualified electors of the State of Oklahoma for their approval or rejection at a special election to be held statewide on the primary election date of June 16, 2026.

The substance of the measure is as follows:

This measure amends the Oklahoma Minimum Wage Act ("OMWA") under the Oklahoma Statutes to increase the state minimum wage. Employers must pay employees at least $9 per hour beginning in 2025, increasing $1.50 annually for a final rate of $15 per hour in 2029. Beginning in 2030 and continuing indefinitely, the minimum wage would automatically increase annually based on the increase in the cost of living, if any, as measured by the U.S. Department of Labor's Consumer Price Index for Urban Wage Earners and Clerical Workers; the minimum wage increase would continue with any successor agency or index. Such increase would also not require approval from Congress or the Oklahoma Legislature. This measure eliminates several exemptions in the current OMWA, including the exemptions for employers subject to the federal Fair Labor Standards Act; part-time employees; certain students and individuals under age 18; farm and agricultural workers; domestic service workers; newspaper vendors or carriers; and feedstore employees. Effectively, eliminating these exemptions results in current employees not covered by the OMWA now being entitled to the minimum wage. The measure also repeals title 40, section 197.5.

Federal and state employees will not be covered under the OMWA. Volunteers; employers with ten or fewer employees and grossing $100,000 or less; some employees of carriers engaged in interstate commerce; employees working in a bona fide executive, administrative, or professional capacity; outside salesmen; and reserve deputy sheriffs will remain excluded from the OMWA's coverage. Because counties, municipalities, and school districts are not excluded, a fiscal impact on the State will result, possibly necessitating a revenue increase by new taxes or elimination of existing services. The measure would be effective the January 1, if approved, and would not apply retroactively.

Copies of this Executive Proclamation shall be delivered to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Secretary of the State Election Board, who shall cause this proclamation to be implemented as appropriate.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma this 10th day of September, 2024.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Josh Cockroft

Secretary of State

Okla. Admin. Code § 1:2024-25

Adopted by Oklahoma Register, Volume 42, Issue 3, October 15, 2024, eff. 9/10/2024