The Employee’s Attorney: Ohio Overtime Wage Lawyers
The Most Important Thing You Can Do Today: Call The Right Attorney™
Under the overtime provision of the Fair Labor Standards Act (“FLSA
”) and Ohio Fair Labor Standards Act most employees must be paid at a rate of one and one-half times their regular rate of pay for any hours worked in excess of 40 hours in any given workweek. Stated another way, if you are a non-exempt employee and you work more than 40 hours in a workweek, you are eligible to receive one and one-half times your regular pay rate for every hour over 40. For example, an hourly employee that receives $10 per hour and work 50 hours in that week is owed $10 for the first 40 hours, and $15 for each hour worked over 40.
The biggest misconception that both employers and employees have is that any employee that is paid by salary is not entitled to overtime pay. Wrong! In fact, a large number of the employees that are paid a salary are not exempt or don’t fall within the very specific exemptions spelled out in the FLSA. While being paid a salary is one of the criteria for falling under each of the exemptions, it is only one of many requirements. And, if all of the requirements for an exemption are not met, you are not exempt and must be paid overtime. Furthermore, if your employer pays you a salary but deducts pay from your wages when you miss work, are late, or have to leave early, your employer can no longer classify you as exempt and must pay you overtime pay for all of your time worked over 40 hours per week.
Although this sounds fairly straightforward, the actual rule can be highly complex without the assistance of a top wage and hour attorney due to additional provisions that exempt certain employees and employers. Not surprisingly, complaints about lack of overtime compensation are becoming increasingly common and recent years have witnessed huge collective action lawsuits against employers who have purposefully violated overtime compensation laws.
Essentially, every worker and employee is entitled to overtime pay unless they fall into one of the following categories by meeting all of the criteria.
Frequently Asked Questions About Wage: Overtime
If you have questions about whether your overtime is being correctly applied, or when you should be getting overtime, it’s important to talk to an attorney. Here are a few of the most common issues we find at Spitz, The Employee’s Law Firm: