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Best Overtime Wage Attorney Answers: Who is entitled to overtime? How should my overtime be calculated? I earn a salary; how do I calculate my overtime rate? How much should my overtime rate be if commissions are part of my income? Under both the Fair Labor Standards Act (“FLSA”) and Ohio overtime laws, employees who are entitled to overtime wages are entitled to a rate of no less than one and a half times their “regular rate” of pay. The concept of overtime is so ingrained in our society that most people know this. What is often less clear, however, is (1) who is entitled to overtime pay and (2) just how the overtime rate is calculated. Eligibility is always the first issue. There are two concepts at play here. First is the concept of

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Best Overtime Attorney Answers: Can I get overtime pay if I’m paid commissions? How should my overtime pay be calculated?  How do I find an overtime pay lawyer? Many employers think that they can avoid paying employees overtime wages or minimum wage because their employees are exempt. However, the Fair Labor Standards Act (“FLSA”) and Ohio Minimum Fair Wage Standards Act requires that the largest part of Ohio’s workforce must be paid one and one half times their hourly wage for any hours worked over 40 hours in a workweek. While there are some exemptions built in to the federal and state statutes to the general rule of overtime pay, these “exemptions” are often not as broad as employers would like them to be. One example of an exemption

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Employment lawyers' top, best 2013 blogs on race, gender, age, national origin discrimination; sexual harassment; overtime wage; and more employment law issues. Happy New Year from our employment attorneys at The Spitz Law Firm. It is at the start of 2014 that we typically look ahead while appreciating the year that has been.  Here are some of our favorite employment law blogs for 2013: Race Discrimination: Using The “N-Word,” Even Once, Can Create A Hostile Work Environment. Wage & Overtime: Does iWait Time Violate FLSA? Racial Discrimination: Firing Blacks For Being Blonde Is Unlawful High Costs Caused By Employment Defense Lawyers Is Hugging Sexual Harassment? Am I Being Sexually Harassed? An Employment

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Overtime Wage Lawyer Answers: Can I get time and a half for overtime work if I am paid only on commission? Am I entitled to minimum wage for hours worked on a commission only job? There are many jobs out there that do not pay a traditional wage- such as an hourly rate, or a salary. Instead, these jobs pay “commission only,” and the employee is paid a certain percentage of money coming into the employer for work performed by the employer. This pay arrangement is most common in high yield sales jobs, such as automobile sales and real estate. However, the employment law attorneys at the Spitz Law firm often encounter this kind of pay practice in other kinds of work as well, such tow truck drivers who earn a percent of every tow they perform, and other sales jobs where the

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Employment Attorney Answers: How do I quit and still get my commission? Can my employer keep my commission if I’m fired or quit? What damages do I get if my boss keeps my commission? The short answer is, that no matter if you are fired or quit, you are entitled to all earned commissions.  Ohio R.C. § 1335.11 requires that employers pay sales representatives all commission due at the time of termination.  Also, the employer has to pay within 30 days after the employee leaves the company.  The law uses the word “termination,” which can be a bit confusing, but elsewhere in the statute, “termination” is defined, and it includes voluntary resignation.  So if you quit, your company still owes you for the commission you made before you

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Employment Attorney Answers: "Can I be fired for posting on Facebook?", "Can my boss monitor my Facebook page or other social media?" The United States Court of Appeals for the Seventh Circuit recently affirmed a lower court’s granting of summary judgment for an employer who claims to have terminated its employee for allegedly posting a disparaging comment on Facebook about the employer. Specifically, in Smizer v. Community Mennonite Early Learning Center, the plaintiff claimed that he was terminated based on his sex, but in response, the employer claimed that he was terminated based on its belief that he posted a Facebook comment that was disparaging towards the employer and thereby created a hostile work environment. In reviewing the trial

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