What is Considered Overtime Work in Ohio?

When it comes to wage laws, one of the most commonly misunderstood areas is overtime pay. In Ohio, as in most states, employees are often entitled to additional pay when they work beyond a standard 40-hour workweek. However, not all workers understand their rights when it comes to overtime compensation, and employers sometimes misinterpret or even disregard the rules. Understanding what constitutes overtime work in Ohio and your rights as an employee is crucial to ensuring that you are fairly compensated for your labor.

Is Anything Over 40 Hours a Week Considered Overtime?

In Ohio, as per the Fair Labor Standards Act (FLSA), any time worked beyond 40 hours in a single workweek qualifies for overtime pay. This applies to both hourly and non-exempt salaried employees. The FLSA mandates that overtime must be paid at a rate of 1.5 times the employee’s regular pay rate, commonly known as “time and a half.”

For example, if your hourly rate is $20, and you work 45 hours in a week, the additional 5 hours worked must be compensated at $30 per hour. While this may sound straightforward, complications can arise based on the nature of the work, the type of employment contract, and whether you fall under any exemptions.

Overtime Laws for Salaried Employees in Ohio

One common misconception is that salaried employees are not entitled to overtime pay. However, the law differentiates between exempt and non-exempt employees. Exempt employees typically include executives, administrative staff, and professional workers who are paid a salary and whose duties involve a certain level of decision-making authority or specialized knowledge.

Non-exempt salaried employees, on the other hand, are eligible for overtime pay if they work more than 40 hours in a week. This means that even if an employee is paid a salary, they could still qualify for overtime depending on the nature of their work and their pay level.

Non-exempt employees are usually those who earn below a specific salary threshold. In 2023, for example, the FLSA sets the salary exemption threshold at $35,568 annually. If you earn less than this and work more than 40 hours in a week, your employer is required to pay you overtime. A Cleveland unpaid overtime lawyer can assist you if you’re unsure of your exempt status or believe your employer is violating overtime laws.

How Overtime Pay is Calculated in Ohio

For most workers, calculating overtime is as simple as multiplying their regular hourly rate by 1.5 for each hour worked beyond the 40-hour threshold. However, if you receive bonuses or commissions, things can get a bit more complex. These types of earnings may need to be factored into your base pay when calculating your overtime rate.

For instance, if your hourly wage is $15 but you receive a $100 bonus during a pay period in which you work overtime, that bonus may increase your regular rate of pay and consequently your overtime rate. Employers are required by law to include certain bonuses in their overtime calculations, and failure to do so can lead to unpaid overtime disputes.

Exceptions to Ohio Overtime Laws

Not all workers in Ohio are entitled to overtime pay. There are specific exemptions under both federal and state law that prevent certain employees from receiving overtime compensation, regardless of how many hours they work.

1. Exempt employees: These include executive, administrative, and professional employees who earn above a certain salary threshold and meet specific job duty requirements.
2. Independent contractors: Since they are self-employed, independent contractors are not eligible for overtime pay.
3. Agricultural and domestic workers: Some of these workers are exempt from overtime laws under certain conditions.
4. Employees of small seasonal businesses: Some workers in small, seasonal operations may also be exempt from overtime pay.

If you fall into one of these categories, your employer is not required to pay you overtime for working more than 40 hours a week.

What To Do If You’re Denied Overtime Pay

If you believe you are entitled to overtime but your employer refuses to pay it, there are several steps you can take.

1. Document your hours: Keep a detailed record of the hours you work, especially any time worked beyond 40 hours per week. This includes any time spent working off the clock, such as answering emails or completing tasks from home.
2. Contact your HR department: Sometimes, unpaid overtime is simply a matter of miscommunication. Contact your HR department or payroll manager to discuss the issue and provide any documentation that supports your claim.
3. Consult with a Cleveland unpaid overtime lawyer: If your employer continues to deny your overtime pay or if you face retaliation for bringing up the issue, it may be time to consult an attorney. An experienced wage and hour lawyer can help you understand your rights and guide you through the process of recovering your unpaid wages.