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SHOULD I BE PAID OVERTIME?

August 4, 2016 | Posted in: FLSA, Minimum Wage

Do you believe you should be paid overtime wages?  The Ohio overtime pay lawyers at The Friedmann Firm can answer all of your questions regarding whether or not you are entitled to be paid overtime wages for all hours worked over 40 hours per week.  The Fair Labor Standards Act (“FLSA”) governs the payment of overtime wages, along with Ohio law.

Employees known as “exempt” from overtime pay are not entitled to overtime under the FLSA but employees who are “non-exempt” are entitled to overtime pay for all hours worked over 40 hours per week.  Independent contractors are not entitled to overtime pay under the FLSA either.  For more information on employees versus independent contractors, please visit our Ohio Employment law blog.

Overtime must be paid when a non-exempt employee works 40 or more hours in a single workweek.

What is the difference between an exempt employee and non-exempt employee?

Chances are, if you are an employee who is paid hourly, you are non-exempt and should receive overtime pay.  Salaried employees are typically exempt from the FLSA, meaning they do not have to be paid overtime.  However, there are many instances where a person is classified as an exempt, salaried employee when in fact they should really be classified as a non-exempt employee that is entitled to overtime pay.  This is called “misclassification” and can result in employees missing out on valuable overtime pay.  Lawsuits for this type of misclassification are quite common and something ourColumbus overtime pay lawyers handle on a regular basis.

Most employees are non-exempt, and therefore entitled to overtime pay, unless they fall into certain categories.  There are several categories of employees who are exempt from the provisions of the FLSA because of the job duties they perform.

The following types of employees are exempt from the FLSA and are not entitled to overtime pay:

1) The Professional Exemption (full explanation from our Ohio overtime attorneys here).

 

2) Administrative Exemption

  • To be exempt from overtime, employees must make at least $455 per 40-hour workweek.  Their primary duties must consist of office or non-manual work directly related to the management policies or general business operations of the employer or the employer’s customers.  Their job must require them to exercise discretion and independent judgment on significant matters related to the business.

3) Executive Employees (different than the Professional exemption described above)

  • Executive employees must also make at least $455 per 40-hour workweek.  Their primary duties must consist of management of the enterprise in which he/she is employed or a recognized department or subdivision of that enterprise.  They must regularly direct the work of, or manage, at least two other employees.  They must also have the authority to hire and fire and/or have significant input in hiring and firing decisions.

4) Computer/IT Employees (more info from Dept. of Labor here.)

  • Computer employees must make at least $455 per 40-hour workweek or $27.63 per hour.  They must be employed as a computer system analyst, computer programmer, software engineer or other similarly skilled professional in the computer field.  They must also perform specific job duties, as explained by the Department of Labor fact sheet.  It is important to note this exemption does not apply to individuals who work in computer repair or computer manufacturing.

5) Highly-Compensated Employees

  • If you make more than $100,000 per year and perform office or non-manual work and you customarily perform at least one of the duties of an exempt executive, administrative or professional employee, you are not entitled to overtime.

6) Outside Sales Employees

  • To qualify as an exempt outside sales employee, the employee’s primary duty must be making sales (as defined by the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and the employee must be customarily and regularly engaged away from the employer’s place or places of business.
  • For more information on the outside sales exemption, visit the Department of Labor’s fact page.

What Should I Do If I Believe I Should Be Paid Overtime?

Call us today.  Overtime laws are complicated and employers are not always in compliance.  These rules are not hard and fast- every situation is different because of the job duties an employee performs.  If you have any question about whether you should be paid overtime, call our Ohio overtime pay lawyers.  Misclassification of employees who are non-exempt but are being classified as exempt from overtime pay is quite common.  We can correct these types of violations for you if you give us a call today.  For a free consultation to discuss your Ohio overtime pay, request a free consultation.