If you’re in it for the long haul, then you want to make sure you’re earning the money you deserve. And this is no truer than when you’re asked to work overtime by an employer. Overtime pay, or 1.5x your normal rate of pay for over 40 hours of work in a week, isn’t mandatory for everyone. If you’re an employee in Ohio, then understanding the federal and state laws that regulate your wages will make sure that you bring home the money you deserve after putting in the time at your job.
Summary of Ohio Overtime Law
Below Is an Outline of Ohio Overtime Law Provisions
Ohio Overtime Law: Minimum Fair Wage Act
Fair Labor Standards Act of 1938 (FLSA)
Methods For Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
Overtime Rules in Illinois
Mandated for working over 40 hrs in a week at a rate of 1.5 regular pay
Government employees are the only ones eligible for “comp time”
Employers are not required to pay overtime to employees working more 8 hours in a single day
Overtime not required if an organization earns less than $150,000 a year
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Ohio Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Overtime Law in Ohio
Federal and state laws govern overtime pay. Federal laws cover every state and set the minimum treatment of employees by employers. These laws are part of the Fair Labor Standards Act of 1938 (FLSA), and they cover everything from child labor, overtime pay, and minimum wage. Stares are allowed to add more rights for employees on top of these laws, but they cannot remove any.
In Ohio, employers must pay employees the overtime rate for any hours over 40 worked. This rate is 1.5 the standard pay for each hour over 40 worked. So, if you make 8 dollars an hour, then after you reach 40 hours in a week, your rate jumps to 12 dollars an hour. Ohio doesn’t mandate employers pay employees time and a half for working more than 8 hours in one day like in other states, and they do not need to provide breaks.
Can Employers Substitute “Comp Time” in Ohio
While it is illegal under the FLSA for private employers to pay employees with “comp time,” state and county employees can receive it instead of the standard overtime rate. Compensatory time off is an alternative to overtime pay and comes at the same rate of 1.5 times the normal rate of pay. That being said, employees need to make sure they use this time within 180 days of earning the overtime.
Is Overtime Mandatory in Ohio?
Employers in Ohio can require their employees to work overtime. Refusing to do so could result in disciplinary action or termination. Be careful to note any agreements and collective bargaining made during the hiring process that could affect this.
Are Salaried Employees Eligible for Overtime?
Some salaried employees are exempt from earning overtime. If you are an administrative, executive, or professional employee, then it is likely you fall into this category. Your classification is determined by your daily job duties and weekly income.
How Is Overtime Pay Calculated?
Your overtime pay comes from your weekly hours worked. It cannot be averaged between multiple weeks either. This means that if you work more than 40 hours in a single week, then you qualify for an overtime rate of 1.5x per hour worked.
Which Employees Do Ohio Overtime Laws Cover?
Certain employees are exempt from the FLSA. These include, administrators, executives, professional and sales employees fall under the exempt category in most cases. Live-in babysitters, nonprofit camp workers for children, various farm employees, and family members who work for employers all fall under Ohio’s exempt status and are ineligible for overtime.
It isn’t enough to use job time alone to see if an employee meets exempt status for overtime pay. Employers must also ensure their exempt employees meet each of these qualifications:
The employee must be paid salary (not hourly)
Salary reaches the minimum set by FLSA regulations
Duties for the employee fall under the FLSA guidelines for exemption
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.