SHOULD I BE PAID OVERTIME?
Do you believe you should be paid overtime wages? The Ohio overtime pay lawyers at The Friedmann Firm can answer all of your questions regarding whether or not you are entitled to be paid overtime wages for all hours worked over 40 hours per week. The Fair Labor Standards Act (“FLSA”) governs the payment of overtime wages, along with Ohio law.
Employees known as “exempt” from overtime pay are not entitled to overtime under the FLSA but employees who are “non-exempt” are entitled to overtime pay for all hours worked over 40 hours per week. Independent contractors are not entitled to overtime pay under the FLSA either. For more information on employees versus independent contractors, please visit our Ohio Employment law blog.
Overtime must be paid when a non-exempt employee works 40 or more hours in a single workweek.
What is the difference between an exempt employee and non-exempt employee?
Chances are, if you are an employee who is paid hourly, you are non-exempt and should receive overtime pay. Salaried employees are typically exempt from the FLSA, meaning they do not have to be paid overtime. However, there are many instances where a person is classified as an exempt, salaried employee when in fact they should really be classified as a non-exempt employee that is entitled to overtime pay. This is called “misclassification” and can result in employees missing out on valuable overtime pay. Lawsuits for this type of misclassification are quite common and something ourColumbus overtime pay lawyers handle on a regular basis.
Most employees are non-exempt, and therefore entitled to overtime pay, unless they fall into certain categories. There are several categories of employees who are exempt from the provisions of the FLSA because of the job duties they perform.
The following types of employees are exempt from the FLSA and are not entitled to overtime pay:
1) The Professional Exemption (full explanation from our Ohio overtime attorneys here).
2) Administrative Exemption
- To be exempt from overtime, employees must make at least $455 per 40-hour workweek. Their primary duties must consist of office or non-manual work directly related to the management policies or general business operations of the employer or the employer’s customers. Their job must require them to exercise discretion and independent judgment on significant matters related to the business.
3) Executive Employees (different than the Professional exemption described above)
- Executive employees must also make at least $455 per 40-hour workweek. Their primary duties must consist of management of the enterprise in which he/she is employed or a recognized department or subdivision of that enterprise. They must regularly direct the work of, or manage, at least two other employees. They must also have the authority to hire and fire and/or have significant input in hiring and firing decisions.
4) Computer/IT Employees (more info from Dept. of Labor here.)
- Computer employees must make at least $455 per 40-hour workweek or $27.63 per hour. They must be employed as a computer system analyst, computer programmer, software engineer or other similarly skilled professional in the computer field. They must also perform specific job duties, as explained by the Department of Labor fact sheet. It is important to note this exemption does not apply to individuals who work in computer repair or computer manufacturing.
5) Highly-Compensated Employees
- If you make more than $100,000 per year and perform office or non-manual work and you customarily perform at least one of the duties of an exempt executive, administrative or professional employee, you are not entitled to overtime.
6) Outside Sales Employees
- To qualify as an exempt outside sales employee, the employee’s primary duty must be making sales (as defined by the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and the employee must be customarily and regularly engaged away from the employer’s place or places of business.
- For more information on the outside sales exemption, visit the Department of Labor’s fact page.
What Should I Do If I Believe I Should Be Paid Overtime?
Call us today. Overtime laws are complicated and employers are not always in compliance. These rules are not hard and fast- every situation is different because of the job duties an employee performs. If you have any question about whether you should be paid overtime, call our Ohio overtime pay lawyers. Misclassification of employees who are non-exempt but are being classified as exempt from overtime pay is quite common. We can correct these types of violations for you if you give us a call today. For a free consultation to discuss your Ohio overtime pay, request a free consultation.
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.
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💪
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.
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!!!
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.
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.
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.
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.
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!
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!
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!
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.
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!