Overtime Laws

The overtime requirements of the Fair Labor Standards Act and Ohio Minimum Fair Wage Standards Act require employers to pay you overtime compensation for all of the hours you work over 40 in a workweek, depending on whether your job is classified as “non-exempt” or “exempt.” If your job is classified as “non-exempt,” you are entitled to overtime compensation. If your job is classified as “exempt,” you are not entitled to overtime compensation.

Determining whether a job is “non-exempt” or “exempt,” usually requires an analysis of your job duties and pay structure. Generally, professionals such as doctors or lawyers, or high-level employees who have a considerable amount of discretion in conducting their affairs, are exempt from overtime pay. Commissioned or outside sales employees, computer programmers, executive, and administrative employees, are usually exempt from overtime pay – but again, this depends on the job duties.

For example, a computer programmer who designs and develops software without supervision may be “exempt,” and not entitled to overtime compensation, but a computer programmer who lacks discretion and independent judgment and instead follows well-established company instructions and procedures could be considered “non-exempt,” and entitled to overtime compensation. A manager of a coffee shop who primarily takes orders and makes coffee for customers would likely be “non-exempt,” and entitled to overtime compensation, but a manager with hiring and firing authority who regularly directs the work for two or more employees could be considered “exempt,” and not entitled to overtime compensation.

Employers frequently violate the overtime provisions of the Fair Labor Standards Act and Ohio Minimum Fair Wage Standards Act by:

• Misclassifying an employee as exempt

• Not paying overtime compensation for all hours worked over 40 in a workweek

• Averaging hours worked over a 2-week period (e.g., not paying overtime compensation if an employee works 45 hours one week and 35 hours the next week)

• Giving compensatory time off of work (i.e., “comp time”) in lieu of overtime compensation

If you believe you are owed unpaid overtime compensation, contact us right away. The time period for which you can seek a payment for your unpaid overtime compensation will depend on when you file a claim with a court.