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Who qualifies for overtime pay?

On Behalf of | Sep 1, 2021 | Wage: Overtime |

If you put much of your time into working, then it may be easy for you to rack up 40, 50 or even 60 or more hours at work every week. In Ohio, the Fair Labor Standards Act, or FLSA, combined with Ohio’s Fair Labor Standards Act makes sure that most workers can get overtime when it’s due to them.

Most employees are entitled to more pay when they work over 40 hours in one week. They should be paid, at a minimum, one and one-half times the regular pay rate when working more than 40 hours in a workweek.

Do people on salary have a right to overtime?

Many people believe that those on a salary don’t have the right to overtime pay, but that’s not entirely true. Receiving a salary is one requirement that helps employers avoid paying overtime, but it’s not the only requirement. The role still has to be exempted, and if it isn’t, then salaried workers who work more than 40 hours a week still need to receive compensation for that overtime.

How can you prove that you should receive overtime compensation?

If your employer says that you are in an exempt role, but you believe that you should receive overtime compensation, then you can take steps to prove it and make your case. By demonstrating that you are working overtime and that you do not fall into a group that is exempt from overtime pay, you should have a solid case for receiving overtime pay. Or if you can prove that you should qualify for overtime because of other actions your employer takes, like deducting compensation from your wages if you miss work or are late.

Which employees don’t receive overtime pay?

Some employees are exempt from overtime requirements such as:

  • Most executives
  • Most administrators
  • Many outside sales employees
  • Live-in caregivers
  • Nonprofit children’s camp workers
  • Some farmworkers
  • Movie theater employees (in many cases)

It may not seem fair that some of these individuals don’t get overtime, especially when looking at what they earn per hour and hour much time they put into the job. If you’re unsure if you should get overtime or believe that your employer is violating the law, don’t be afraid to look into your legal options. You may have a claim.

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