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What Can I Do If I’m Not Getting Overtime Wages?

April 23, 2019 | Posted in: Employment, Minimum Wage

You would not normally suspect that employers would want to cheat their employees out of earned wages; however, it unfortunately does occur in the workplace. It especially common to see an employer refuse to pay overtime wages to employees even though they are mandated to do so in certain instances. There are a few extenuating circumstances in which employees are not entitled to overtime pay.

However, if you believe you are entitled to overtime pay and have not been receiving it, contact an Ohio unpaid overtime attorney at The Friedmann Firm. Our Columbus unpaid overtime lawyers will help you fight for your unpaid wages so that your employer is held responsible and you are properly compensated. Call us today at 614.610.9755 to contact our Columbus office.

What Qualifies as Overtime Pay?

Any wages that are earned after an employee reaches 40 hours in a given work week is granted the overtime pay rate. This is 1.5 times the standard rate that you receive for your hourly wage. If you are a non-exempt employee and do not meet other disqualification criteria, then you are entitled to receive overtime wages.

Exempt vs. Non-Exempt Employees

Exempt employees are not granted some protections under the Fair Labor Standards Act like overtime pay. Salaried employees, who earn at least $455 per week, are typically exempt from overtime pay.  This usually includes executives, administrators and other professionals. Though there are some instances in which this designation is misapplied, and individuals are misclassified as exempt when they are truly entitled to overtime pay. If you believe this is the case, talk to our experienced unpaid overtime attorneys.

Non-exempt employees are protected by the overtime and minimum wage provisions of the FLSA. This entitles them to 1.5 times their normal wage for any work hours above 40 during a work week. However, some jobs that seem like they would fall under this category are actually exempt from overtime. Some examples include:

  • Seasonal Employees
  • Employees of Camps or Recreational Areas
  • Newspaper Employees
  • Newspaper Deliverers
  • Seamen
  • Small Farm Employees
  • Outside Salespeople

What Can I Do If I’m Not Getting OT?

A common way to avoid paying overtime wages is when an employer incorrectly categorizes a non-exempt employee as exempt. This is a relatively common occurrence and as a result you should understand the difference between the non-exempt and exempt classifications. If you are unclear as to what your status should be, talk to the attorneys at The Friedmann Firm.

If you are not receiving your overtime pay and should be, it is imperative that you contact the unpaid overtime wage attorneys at The Friedmann Firm. We can help discuss your options to decide how to proceed. If your case meets the criteria, we can file suit against your employer to recover unpaid overtime wages.

Contact Us

If you have been a victim of unpaid overtime or other unfair wage practices, call The Friedmann Firm to schedule a consultation with one of our knowledgeable and experienced Columbus employment lawyers today. Our consultations are always free and confidential. Don’t make a mistake you’ll regret, let us represent you through the entire process. If you have not received overtime and think you are entitled to it, contact our attorneys who will be there with you through every step of the process. We will ensure that you are treated fairly in the workplace. Call The Friedmann Firm at 614-610-9755 today to speak to one of our legal professionals.