As an employment law attorney, I often ask new clients if they were paid overtime by their former or current employer. Not surprisingly, I often get the same response over and again, “No, but I was a salaried employee.” Luckily, for some of these former and current employees, Federal and Ohio law is not that simple.
In fact, under both the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act, it is not enough for the employer to show that the employee was a salaried employee in order to close the door on that employee’s claim for overtime compensation. Rather, the employer, in addition to showing that the employee was salaried, must also show that the employee falls into one or more of the specific exemptions listed and described in the Fair Labor Standard Act. Although there are several highly specific exemptions, the three common ones argued by employers include the: (1) administrative; (2) executive; and (3) professional exemptions.
Not only are each of these exemptions highly fact specific with several requirements in order to fall under the exemption, but more importantly, under both Federal and Ohio law, it is the employer’s burden to demonstrate to the Court that the employee falls under one of these exemptions.
So some important questions to ask yourself if you are paid a salary at your job, work over 40 hours per week, and do not get paid overtime: (1) How much do you make per week? (Federal law says that if you make less than $455.00 per week, you cannot be legally called a “salaried” employee); (2) What are your work duties and responsibilities?; (3) Do you supervise other employees at your job? These are just a few of the important questions, the answers of which will likely determine whether you are entitled to overtime compensation, and whether you may be able to sue your former or current employer for those hard extra hours you worked each week yet were not compensated for during your employment.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm is dedicated to protecting employees’ rights and solving employment disputes.
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