Does Overtime Apply to Salaried Employees in Ohio?

Jul 10, 2024
By admin
Does Overtime Apply to Salaried Employees in Ohio

When it comes to concerns with overtime for salaried employees, especially if you are stepping into a salaried position for the first time, there can be lots of questions. What it means to be salaried can be misunderstood, both from your perspective as an employee and from employers as well. One large misconception that is very common is the idea that overtime for salaried employees just does not exist when it does.

That is not to say that every salaried employee is eligible for overtime pay, but there are some salaried employees who are eligible to receive overtime from their employers. Can an Employer Make You Work Overtime Without Notice

Below, we are going to take a quick look at what salaried employees may be eligible for overtime, who is not eligible for overtime pay in Ohio, and some recent changes made to the federal laws that offer overtime protection.

Does Overtime Apply to Salaried Employees in Ohio?

Overtime pay, or any wages paid out for any hours worked over 40 hours per week, is governed by the Fair Labor Standards Act (FLSA) and Ohio law. Both the FLSA and state law determine whether or not an employee is exempt or non-exempt from overtime pay. An employee who falls under the exempt category is exempt from overtime pay, meaning that they are not entitled to overtime under the FLSA. And for employees who are considered non-exempt, they are entitled to overtime pay for any hours worked over 40 hours per week.

So, where do salaried employees fall under the exempt or non-exempt status?

Well, prior to some significant changes made to federal law by the U.S. Department of Labor (DOL) in April 2024, salaried employees who fall under several categories of employees would not be eligible for overtime pay. These categories include:

  • Professional exemption
  • Administrative exemption
  • Executive employees
  • Computer/IT employees
  • Outside sales employees
  • Highly-compensated employees

Since these categories all fall under exempt status, employees in these roles are not eligible for overtime pay. You can read more about each category here on the Wage and Hour Division’s fact sheet.

But following the U.S. DOL’s final rule in April 2024, some noticeable revisions are being made to the FLSA’s regulations surrounding their overtime protection and guidance. Beginning on July 1, 2024, employers will be required to pay overtime to any salaried workers who make less than $43,888 a year in particular administrative, professional, and executive positions.

As reported by the Associated Press, these new changes will also expand overtime eligibility for some highly compensated workers. The standard salary level for determining salaried employees exempt or non-exempt status will also be updated every three years moving forward.

So, the answer to if overtime applies to salaried employees in Ohio is yes, though you will have to check and see if your role falls under the exempt or non-exempt category.

If you are unsure whether or not you might be eligible for overtime pay as a salaried employee, please contact The Friedmann Firm to speak with one of our Columbus overtime lawyers.

Who is Not Eligible for Overtime Pay in Ohio?

Now that you know overtime for salaried employees in Ohio is possible, we can take a closer look at who is not eligible. Any salaried employee who can be classified as exempt is not eligible for overtime pay.

As per the FLSA’s 2024 revision, salaried employees who are considered exempt from overtime pay can still include executive, administrative, and professional employees when the following applies:

  • An employee is paid a salary
  • That salary is not less than a minimum salary threshold amount
  • That employee performs executive, administrative, or professional duties

Other employee types who are exempt from overtime pay include:

  • Computer employees
  • Outside sales
  • Blue-collar workers
  • Police, fire fighters, paramedics, and other first responders

If you are an exempt employee, you are not eligible for overtime pay.

But it is important to keep in mind that it can be tricky to determine classifications for employees, even with the tests and guidelines that the FLSA provides. Employers often misclassify employees as exempt when they are actually non-exempt and entitled to overtime pay.

If you think you have been misclassified, please reach out to our firm. Our Columbus overtime lawyers will be able to explain the difference between exempt and non-exempt to help you ensure that you are being paid correctly.

Contact The Friedmann Firm for Overtime Pay Assistance

It is easy to see that overtime laws are complicated, even when you do not take into account the FLSA’s recent regulation changes in 2024. This is why it can be very confusing or difficult to determine if you are being misclassified at work and whether or not you are owed overtime pay from your employer.

If you believe you should be paid overtime, reach out to The Friedmann Firm. We offer free and confidential consultations with our Columbus overtime lawyers.