The Federal Labor Standards Act (FLSA) dictates that hourly, non-exempt employees who work in excess of 40 hours per week must be paid overtime for those extra hours at a rate of 1.5 times their regular rate, and Ohio’s wage laws incorporate these overtime requirements. But what does this mean for salaried workers, who are typically classified as “exempt” employees? Do they have any options when it comes to working overtime?
Certain employees are “exempted” from wage and overtime requirements set forth in the FLSA and Ohio laws. “Exempt” typically includes employees that perform certain administrative, executive, and professional roles.
Still, it is the employer’s duty to prove that an employee meets very specific requirements in order to classify them as “exempt,” otherwise, the employee could be misclassified and therefore due overtime pay for any hours worked in excess of 40 per week. The requirements for exemption include those employees:
However, employees who do not meet the above-listed criteria but who are salaried and fit into one of the categories below can also be classified as exempt:
In addition, even if not salaried, employees whose primary duty is to make sales, where they are primarily engaged in their work in a separate location from the employer’s, also have the ability to be classified as “exempt.”
Ohio also recently made some adjustments to its overtime pay requirements, which now:
There is no question that employment and overtime laws are complex. If you have questions about salaried work and overtime wages, contact our Columbus, Ohio, employment law attorneys for a free consultation to find out how we can help.
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