CreativeProfessional

1. You meet the above Salary Basis test;

2. Your primary job duty involves performing work requiring imagination, invention,originality, or talent in an artistic or creative 몭eld, such as music, art, drama, or literature.

TheOutsideSalesExemption

The outside sales exemption, unlike the other exemptions, does NOT require that you meet the Salary Basis test. You meet the requirements of the outside sales exemption if:

1. Your primary duty involves making sales, 몭lling orders or creating contracts for services or use of facilities paid for by the customer; and

2. You regularly perform your work away from your employer’s place of business.

Certain computer programming and engineering employees are also exempt from the FLSA’s overtime requirements, but these situations are very fact-speci몭c and highly dependent upon the type of computer-based work you perform.

HowisOvertimeCalculatedinOhio?

If your position does not fall under any of the above exemptions, then you are entitled to overtime pay for your hours worked in excess of 40 per workweek. Generally, your overtime rate is calculated at time-and-one-half your regular hourly rate of pay. For example, if your regular hourly rate is $15.00 per hour, your overtime rate is $22.50 ($15.00 + $7.50).

However, if you receive commissions, bonuses, or if your hours of work are subject to a shift di몭erential, these payments can also a몭ect the overtime rate you should be paid. Commission payments and shift di몭erentials must be included in the calculation of your overtime rate. Bonuses should also be included in the calculation of your overtime rate, but only if the bonus is non-discretionary. A bonus is non-discretionary if your employer cannot decide on whether to make the payment or how much it will pay. These types of bonuses are usually agreed to in advance, such as attendance or sales target bonuses. For more information on how to calculate your overtime rate with commissions, bonuses, or shift di몭erentials, check out our overtime calculation blog post.

For more information on the FLSA, visit our Employment Law Blog or reach out to your Ohio overtime attorney today for free consult. We will evaluate whether you are owed wages and assist you with enforcing your rights under the FLSA and Ohio law.

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