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 overtime 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.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.