What are my legal obligations as an employer in Ohio regarding overtime pay for my employees?
As an employer in Ohio, you are required to comply with both state and federal overtime pay laws. For non-exempt employees, overtime pay must be provided for any hours worked over 40 hours in a workweek at a rate of one and one-half times the regular hourly rate.
The Fair Labor Standards Act (FLSA) is the federal law that governs overtime pay. However, Ohio has its own state law, known as the Ohio Minimum Fair Wage Standards Act, which also regulates overtime pay.
It is important to note that not all employees are entitled to overtime pay. Only non-exempt employees are eligible for overtime pay. Exempt employees include executive, administrative, and professional employees who meet certain criteria, such as performing primarily office or non-manual work and receiving a salary of at least $684 per week.
Additionally, Ohio law allows employers to offer compensatory time off in lieu of overtime pay for non-exempt employees. However, the employer must have a written agreement with the employee before offering compensatory time off.
If an employer fails to pay overtime wages as required by law, they may be subject to legal action, including payment of back wages, liquidated damages, and attorney fees.
Overall, it is important to ensure that your business is in compliance with both federal and state overtime pay laws. It may be helpful to consult with a licensed attorney or HR professional to ensure proper compliance and avoid potential legal issues.