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OHIO OVERTIME LAWYER: SHOULD I BE GETTING OVERTIME PAY?

August 4, 2016 | Posted in: FLSA

If you have questions about whether or not you are entitled to overtime pay in Ohio, you need to contact a Columbus, Ohio overtime lawyer at The Friedmann Firm today.  We are centrally located in Columbus, Ohio but we represent clients throughout the state and the nation on cases related to unpaid overtime, unpaid wages, misclassification and other wage and hour issues.

Am I Entitled to Overtime Pay?

Our Ohio overtime pay law firm has written several blogs about issues related to overtime pay under the Fair Labor Standards Act (FLSA) and Ohio law.  For popular blogs we’ve written on these issues, please visit our Columbus overtime attorney blog archives.

The first question we must ask to determine whether you are entitled to overtime pay for all hours worked over 40 hours per week is whether you are classified as a “non-exempt” or “exempt” employee, as those terms are defined by the FLSA.  For a full description of what the terms exempt and non-exempt mean, read our previous post on the issue: Exempt v. Non-exempt employees.

If you are non-exempt from the protections of the FLSA, it means you are entitled to overtime pay, at a rate of not less than one and one-half of your regular hourly rate for all hours worked over 40 hours per week.  If you have questions about whether you are non-exempt or exempt or feel you may be misclassified, contact our Columbus overtime pay lawyers– we can help you figure it out.  For a full explanation of what misclassification means and what type of claim you may have, read this blog post on common overtime violations.

There are several exemptions to the FLSA so we are going to discuss each individually.  This article will focus specifically on the Administrative Exemption.  We have previously blogged on the professional exemption.  Information from our Columbus, Ohio overtime lawyers on the professional exemption is available here.

The Administrative Exemption

How do you know if you fall into an exemption to the FLSA?  The answer to this question depends on your job duties, not your job title.  If you fall under the administrative exemption to the FLSA, you are not entitled to overtime so pay very close attention to your job duties.  If your job duties do not match those described as part of the exemption, you are likely entitled to overtime pay.  Our Ohio overtime pay attorneys can help you figure it out.

To qualify for the administrative exemption of the FLSA, you must meet the following tests:

  • The employee must be compensated on a salary of fee basis at a rate not less than $455 per week;
  • The employee’s primary duty must be the performance of office or non-manual work, directly related to the management or general business operations of the employer or employer’s customers; and
  • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

With regard to bulletpoint #2, the employee’s duties must be directly related to the servicing or running of the business, as opposed to working on a manufacturing production line or selling a product in a retail or service establishment.  29 C.F.R. 541.201(a).  Functional areas that are considered “directly related to management or general business operations” include but are not limited to: tax, finance, accounting, budgeting, auditing, insurance, quality control, purchasing, procurement, advertising, marketing, research, safety and health, personnel management, human resources, employee benefits, labor relations, public relations, government relations, computer networking, internet and database administration, legal and regulatory compliance and similar activities.  29 C.F.R. 541.201(b).

What does “exercise of discretion and independent judgment with respect to matters of significance” really mean?  Essentially, the exercise of discretion and independent judgment involves the comparison and evaluation of possible courses of conduct and acting/making a decision after the various possibilities have been considered.  It implies that the employee has the authority to make an independent choice, free from immediate direction or supervision.

If you are reading these tests and wonder if you are truly exempt from overtime pay, contact a Columbus, Ohio overtime pay lawyer at The Friedmann Firm today.  Our Ohio employment lawyers have experience litigating cases related to unpaid overtime, unpaid wages and misclassification.