Fair Labor Standards Act (FLSA)
What protections does the FLSA provide?
Generally, the FLSA provides that all non-exempt employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours per week. Our attorneys can educate you on Ohio’s wage and hour laws as well.
Am I protected by the FLSA?
Protection under the FLSA depends on whether you are an exempt employee or a non-exempt employee. If you are non-exempt, you are covered. If you are exempt, you are not protected by the FLSA. To qualify as exempt, employees must generally be paid on a salary basis of at least $455 per week and meet certain tests regarding their job duties. Job titles do NOT determine exempt status.
A major issue dealing with FLSA protection is employee “misclassification.” This occurs when your employer classifies you as exempt but you are actually a non-exempt employee, meaning that you are covered by the FLSA. A particular test is applied to determine proper classification. It is best to consult an Ohio wage and hour attorney if you are unsure about your classification.
What exemptions are possible under the FLSA?
The Professional Exemption
Common examples of those exempt under the Professional Exemption are doctors, lawyers and Certified Public Accountants. See blog post titled “The FLSA Professional Exemption in Ohio”.
The Executive Exemption
Your primary duties must be managerial or executive for this exemption to apply. Examples of executive duties include:
- Customarily and regularly directing the work of at least two other full-time employees
- Having the authority to hire and fire other employees or your recommendations with regard to hiring and firing are given significant weight
The Administrative Exemption
Your job duties are administrative if:
- Your primary duty is the performance of office or non-manual work directly related to the management or general business operation of the employer or the employer’s customers
- Your primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
Am I entitled to overtime pay?
If you are non-exempt, the general answer is yes. However, you should contact one of our Columbus overtime attorneys so he or she can examine your job duties.
What if I receive tips? Am I still entitled to overtime pay?
The linked blog post addresses minimum wage and overtime for tipped employees.
What is a “fluctuating work week” under the FLSA?
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Caitlin Goehrig5 reviews
a weeks agoRachel 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.
Steven Caldwell5 reviews
a month agoIf 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!
Johnathan Thacker5 reviews
2 months agoDedicated! 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.
Steve Barber5 reviews
5 months agoI 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!
Christina Wise5 reviews
8 months agoRachel 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.
Jack Harris5 reviews
3 months agoMy 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.
Brian Cbus5 reviews
3 months agoRachel 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.
Brandon Hoskins5 reviews
6 months agoI 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!
Megan Stinebuck5 reviews
4 months agoPete 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.
Mark Hollar5 reviews
9 months agoI 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.
