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?
What is a “fluctuating work week” under the FLSA?