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?
AREAS OF PRACTICE
- Employment & Labor
- Employment Law
- Sexual Harassment
- Wrongful Termination
- Whistleblower
- FELA Claims Process Ohio
- FELA Attorney
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA) Ohio
- Employment Retaliation
- Class & Collective Actions
- Contingency Law
- Railroad Injury
- Aviation Lawyer
- False Claims Act (Qui Tam)
- Hostile Work Environment
- Discrimination
- Employment Agreements
- Wage & Hour Violations
- Executive Employment
FREE CONSULTATION
5 reviews
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
5 reviews
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
5 reviews
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
5 reviews
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
5 reviews
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
5 reviews
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
5 reviews
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
5 reviews
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
5 reviews
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
5 reviews
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
5 reviews
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
5 reviews
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
5 reviews
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!
