In Ohio, hourly employees are entitled to overtime pay as required by the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay nonexempt employees who work over 40 hours in a workweek at a rate not less than one and one-half times their regular rate of pay for all hours over 40.
However, Ohio law does not have its own overtime laws, and instead relies on federal law as the standard for determining overtime pay. Employers are obligated to follow the rules mandated by the FLSA, which applies to all employers that engage in interstate commerce and have annual sales over $500,000. Additionally, the FLSA applies to hospitals, businesses that provide medical care or schools and other educational institutions across the country.
Even if an employer is not directly subject to the FLSA overtime rules, the employer still needs to comply with Ohio's minimum wage law. This law dictates that employers should pay a minimum wage to the workers who are engaged to work within Ohio territory. As of January 1, 2021, the Ohio Minimum Wage is $8.80 per hour if an employer has gross sales of $319,000 or more per year; otherwise, the minimum wage is $7.25 per hour.
There are some limited exceptions to the overtime rules, including for certain types of employees who are classified as exempt from overtime pay under the FLSA. Examples of exempt employees include executives, administrative, and professional employees who meet the FLSA’s specific duties requirements and are paid on a salary basis of at least $684 per week ($35,568 per year).
Employees who believe their employer has violated overtime laws may file a complaint with the U.S. Department of Labor’s Wage and Hour Division, initiate a private lawsuit or engage outside counsel to assist with a potential claim. It is advisable for employees to consult an experienced labor law attorney for specific advice and guidance on their particular situation.
By
