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.
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
3) Executive Employees (different than the Professional exemption described above)
4) Computer/IT Employees (more info from Dept. of Labor here.)
5) Highly-Compensated Employees
6) Outside Sales Employees
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.