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.
Minimum Wage Laws
The current minimum wage rate in Ohio is $7.30 per hour. This rate became effective on January 1, 2009. In the year 2008, the minimum wage rate in Ohio was $7.00. In 2007, it was $6.85. Before 2007, it was $5.15.
The current federal minimum wage rate is $6.55 per hour. This rate became effective on July 24, 2008. From July 24, 2007 to July 23, 2008, the minimum wage rate was $5.85. Before July 24, 2007, it was $5.15.
Employees who receive tips can be paid 50% of the minimum wage (currently $3.65 per hour in Ohio) as long as the employees’ tips make up the difference.
Hours Worked Laws
There are many ways employers violate the Fair Labor Standards Act and Ohio Minimum Fair Wage Standards Act other than simply denying you minimum wages and overtime. In many cases, employers violate the law by failing to pay you for all of the hours you work. This usually happens in the following ways:
Failing to pay for work not requested but work suffered or permitted
If your employer knows that you are performing work, it is required to pay you for your work time, even if it does not request that you perform the work. For example, if you voluntarily start working before your shift starts or continue to work after your shift ends, you must be paid for this time.
Failing to pay for preparatory and concluding activities
Your employer is required to pay you for tasks that you perform before and after your normal job duties if they are required for your job and benefit your employer, such as time spent changing into uniforms and washing your hands if you work in food production. Other activities found compensable by courts include setting up a workstation, gathering necessary equipment and supplies, cleaning machines used in manufacturing, driving a company truck to the work site, caring for and transporting police dogs, and conducting safety inspections.
Failing to pay for on-duty meal periods
Your employer is not required to give you a meal period, but it may do so. As long as it is a bona fide meal time, which means it is usually at least 30 minutes in length and no work is performed, your employer is not required to pay you for this time. During unpaid meal periods, you must be completely relieved of all duties and free to leave the place you perform your work. If you perform any job duties while eating, you must be paid for your meal period. For example, if you eat at your desk and make phone calls or send emails for work during your meal period, you must be paid for the entire period.
Failing to pay for short rest periods
Your employer must pay you for short rest periods. The Fair Labor Standards Act defines short rest periods as brief periods of five to twenty minutes, and considers these breaks beneficial for employees.
Always rounding down starting or stopping times
Your employer may record your start or stop times to the nearest five, ten or fifteen minutes, provided the amounts rounded off average out over time. This means that both “rounding up” and “rounding down” occurs so that you are not disadvantaged over time. Rounding down practices that only benefit your employer are improper.
Failing to pay for waiting time
Whether waiting time is work time under the Fair Labor Standards Act depends upon the particular circumstances. Your employer must pay you if you are “engaged to wait,” but is not required to pay you if you are “waiting to be engaged.” For example, a secretary who reads a book while waiting for dictation, or a fireman who plays checkers while waiting for an alarm must be paid during these periods of inactivity. These employees have been “engaged to wait.”
Failing to pay for travel time
Your employer is required to pay you for travel time if it is required for your principal job duties. For example, if you transport equipment and supplies that you need for your job, you must be paid for your travel time. Your employer is also required to pay you for travel time that occurs within your workday. This means if your travel time occurs between the first and last work you perform each day, your employer must pay you for this travel time. Ordinary home to work travel is not compensable, unless you perform work at your home before or after you travel.
Failing to pay for lectures, meetings and training programs
Your employer must pay you for attending lectures, meetings, training programs unless all four of the following criteria are met: 1) they are outside of your normal work hours; 2) your attendance is voluntary; 3) they are not job related; and 4) no other work is performed at the same time.
If you believe you are owed unpaid wages or overtime as a result of not being paid for all of your work time, contact us right away. The time period for which you can seek a payment for your unpaid wages and overtime will depend on when you file a claim with a court.
Employment Laws
Federal and Ohio employment laws protect applicants and employees of private employers, state, county and local governments, educational institutions, labor organizations, employment agencies and personnel placement services from unlawful discriminatory employment practices.
Race and Color
Employment laws prohibit discrimination on the basis of race or color in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
In addition, any facially neutral employment policy or practice that results in a discriminatory impact on the basis of race or color is a prohibited form of discrimination unless such policy or practice is job-related and based upon business necessity.
National Origin and Ancestry
Employment laws prohibit discrimination on the basis of national origin or ancestry in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
In addition, any policy or practice limiting or prohibiting the use of any language in the workplace is a prohibited form of discrimination unless such limitation or prohibition is job -related and based upon business necessity.
Sex and Pregnancy
Employment laws prohibit discrimination on the basis of sex or pregnancy in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
Disability
Employment laws prohibit discrimination on the basis of disability in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
In addition, applicants and employees must be provided with a reasonable accommodation for their disabilities, except when the accommodation imposes an undue hardship.
Age
Employment laws prohibit discrimination against persons 40 years of age or older on the basis of age in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
Religon
Employment laws prohibit discrimination on the basis of religion in hiring, promotion, tenure, discharge, pay, fringe benefits, or any other matter directly or indirectly related to employment.
In addition, applicants and employees must be provided with a reasonable accommodation for religious beliefs and practices, except when the accommodation imposes an undue hardship.
Harassment
Employment laws prohibit harassment in the workplace on any basis set forth herein, which includes the creation of a racially or sexually hostile work environment, verbally or physically abusive treatment, and requiring submission to sexual advances as a condition of employment, continued employment or promotion.
Retaliation
Employment laws prohibit retaliation against any person because that person has opposed any unlawful discriminatory practice, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing.