Who is Eligible for Overtime Pay in Ohio?

Who is Eligible for Overtime Pay in Ohio?

January, 2019

Under both state and federal law, employers are required to pay certain employees for any time worked in excess of 40 hours per week, at a rate of one and one-half times their usual wage. This means that with the minimum wage currently set at $8.30 per hour in Ohio, employers who pay their employees on an hourly basis (with a few exceptions) must pay them at least $12.45 per hour in overtime. Employers who fail to abide by these laws can and should be held accountable, so if you have been the victim of wage theft, you should strongly consider speaking with an experienced overtime violations attorney who can help you seek compensation for your losses.

Eligible Employees

According to state law, hourly employees who earn less than $455 per week and who work in a non-exempt industry are automatically eligible to receive overtime pay. This includes first responders, practical nurses, and paralegals, all of whom are specifically protected by overtime laws. There are, however, also a wide range of exempt occupations in Ohio, for which employers are not required to compensate employees at a rate of one and one-half times their usual rate of pay for overtime hours.

Exempt Employees

Most hourly employees in Ohio are entitled to receive overtime pay for any hours worked in excess of 40 per week. Further, unlike many states, which have daily overtime limits, Ohio does not specify such a limit, which means that employees can expect to receive one and one-half times their regular wage for all of the time they work in excess of 40 hours per week. While almost all employees who are paid on an hourly basis are eligible for overtime pay, there are a few occupations that are specifically exempted from Ohio overtime laws. These occupations fall under four different exemption categories, including:

  • Executive employees, whose full-time responsibilities are to manage two or more employees and who spend no more than 20% of their time doing other activities;
  • Administrative employees, whose primary duties are non-manual in nature, but are instead related to business operations, administrative training, or management policies;
  • Professional employees, whose job duties require advanced knowledge and education, such as certified teachers and computer professionals; and
  • Outside salespeople, which includes employees whose main duties are taking orders and making sales outside of their employer’s main place of business.  

Certain occupations are also specifically exempted from overtime pay laws, including:

  • Babysitting;
  • Newspaper delivery;
  • Sales, for which employees collect commissions;
  • Nonprofit work at a children’s camp;
  • Farm and agricultural work;
  • Transportation; and
  • Housekeeping.

White collar jobs listed in the Fair Labor Standards Act (FLSA) are also exempt from overtime requirements, as are members of an employer’s immediate family and independent contractors.

Call Our Legal Team Today

If your employer is failing to pay you for your overtime hours, you should speak with an attorney who can help you collect back pay. For help with your own overtime violation claim, please contact Marshall & Forman, LLC at (614) 463-9790 today. You can also reach us by sending an email to info@marshallforman.com.