What You Need to Know About Ohio Employee Overtime
For most employees, compensation for time spent working is a major priority. Here’s what you need to know about employee overtime in Ohio.
What is Considered Overtime Pay in Ohio?
In Ohio, employees who are paid hourly are entitled to overtime pay if they surpass 40 hours of labor in a single work week. A single work week is defined by the Fair Labor Standards Act (FLSA) as seven consecutive days an employee works. In Ohio, unlike some other states, overtime pay is only provided based on hours worked in a singular work week, not on a singular day.
How Much Compensation Does an Employee Receive for Overtime in Ohio?
Employers must pay employees 1.5 times their normal hourly rates for overtime. Thus, an employee who earns the Ohio minimum wage of $9.30 per hour must be paid $13.95 per hour for their overtime.
Related: Exempt vs Nonexempt Employees in Ohio
Who Qualifies For Overtime in Ohio?
Employees that earn less than $455 per week and work in non-exempt industries typically qualify for overtime. The FLSA specifically protects overtime for:
- Employees that engage in manual labor (construction work, factory work, cashier, etc.)
- First-responders (firefighters, police, paramedics, etc.)
- Nurses, Paralegals, and other occupations that may otherwise be easily overworked in their industry
Do I Have to Work Overtime in Ohio?
If an employer requires overtime within the employee’s job description, then the employee is required to comply. If they fail to do so, the employer has the right to terminate their employment.
Are There Exemptions For Overtime in Ohio?
Employees earning more than $455 per week are exempt from earning overtime. Additional considerations include an employee’s position, working conditions, skill, etc. The following positions are exempt from overtime:
- Executive Overtime: A position is considered “executive” when 80% (60% in a retail industry) of an employee’s time is spent managing two or more other employees.
- Administrative Overtime: A position is considered “administrative” when 80% (60% in a retail industry) of an employee’s time is spent performing non-manual business operations, managing others, and engaging in administrative training.
- Professional Overtime: A position is considered “professional” when 80% of an employee’s time is spent applying extensive knowledge or expertise in a field. These positions are generally intellectual in nature. Examples include teachers, computer programmers, etc.
- Outside Sales Overtime: A position is considered “outside sales” when 80% of an employee’s time is spent making sales outside the traditional workplace. Pay can be hourly or commission-based.
Related: Ohio Salaried Employee FAQs
Are There Cases of Unpaid Non-Exempt Overtime in Ohio?
In Ohio, gas and oil industry employees are frequently not paid overtime in violation of state law. Such jobs include:
- Pipeline Inspectors
- Pumpers and Lease Operators
- Mud Pushers
- Mud loggers
- Water Truck Drivers
- Field Engineers
Can I Receive Overtime on Holidays in Ohio?
Currently, no state legislation requires an employer to pay overtime for work done on weekends or national holidays. Personal vacations are not required to be offered by state law; thus, policies are determined by respective employers.
What are Common Ways that Employers Violate FLSA in Ohio?
Employers may refuse to pay overtime by:
- Wrongfully classifying employees as independent contractors
- Making excessive deductions of paychecks for supplies and policy violations
- Offering compensatory time off instead of compensatory income
- Preventing employees from receiving their tips
- Lying about whether an employee is eligible for overtime
What Should I Do if I am Denied Overtime in Ohio?
If an employee is being denied overtime that they are entitled to, they may file a legal claim against their employer. These claims must be filed within two years of the employer’s last violation. If an employee can prove that the employer’s violations were “willful,” they can file a claim within three years of the employer’s last violation. Those working under Ohio state laws must file said claim with the Department of Commerce’s Division of Labor and Worker Safety.
If the department accepts the claim, they will contact the employer and mandate that the employee obtain the overtime they are entitled to. If the claim is rejected, an employee can choose to pursue a lawsuit against the employer. If several employees are wrongfully denied overtime, this lawsuit could become a collective or class-action lawsuit.
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If you or a loved one would like to learn more about Ohio Employee Overtime FAQs, get connected to an attorney with one of our Employment Attorneys in Ohio today!
