OhioOvertimeLaws-UnpaidOvertimeandWages
*For the new 2023 updates on the Ohio Overtime Laws, visit our overtime blog post.*
What are the Ohio Overtime Laws and how should you be paid as an employee for overtime work? The overtime laws can be complexbut they do not need to be We have substantial experience in handling Ohio overtime claims ranging from single individual claims to class actions of more than 23,000individuals Here, our overtime attorneys provide you an overview of the overtime laws in Ohio and some of the common occurrences where employers fail to properly pay employees overtime, as required by Ohio and federal laws.
The overtime violation cases we see most often involve:
Misclassi cation as exempt from overtime
“O -the-clock” work
Paying employees overtime only if they work more than 80hours in a two week period – overtime must be paid for all hours worked over 40in a single workweek
Automatic deductions of meals breaks or lunch breaks even though an employee did not have the opportunity to take a full, uninterrupted meal period
Failure to pay employees for short breaks of less than 20minutes, regardless of how many breaks are taken during a shift
Time clock rounding steals time
Improper overtime calculation methods, including paying employees at a lower rate or a combined rate for hours worked over 40in a workweek
On-Call time
Failure to pay training time
Failure to pay travel time
Failure to pay on call time
Minimum wage violations
Failing to include non-discretionary bonuses, shift di erentials, or commissions in your regular rate of pay
Failure to provide meal and rest breaks
Vacation forfeitures
Improper wage deductions /“charge backs”
Failure to reimbursements for expenses /uniforms
Improper classi cation as independent contractor
More on the Ohio overtime laws:
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work
PracticeAreas
Harassment
Hostile Work Environment
Discrimination
Retaliation
Americans with Disabilities Act (ADA)
Wrongful Termination
Unpaid Overtime
Family Medical Leave Act (FMLA)
Severance Agreements
Employment Contracts
Whistleblower
Denial of Long-Term Disability Bene ts
Unemployment Compensation
Employee Retirement Income Security Act (ERISA)
Sexual Harassment
Fair Labor Standards Act (FLSA)
Class Actions
Non-Compete and Non-Solicitation Agreements
Contract Disputes / Breach of Contract
Equal Employment Opportunity Commission
EEOC
USERRA
False Claims (Qui Tam)
Fair Credit Reporting Act
Unless speci cally exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40in a workweek at a rate not less than time and one-half their regular rates of pay Exemptions from overtime can include executive, administrative, professional, outside sales, and some computer roles. In addition, there is no limit on the number of hours employees aged 16and older may work in any workweek.
An employee’s workweek is a xed and regularly recurring period of 168hours seven consecutive 24-hour periods It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Di erent workweeks may be established for di erent employees or groups of employees Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded Payments which are not part of the regular rate include pay for expenses incurred on the employer’s behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness
For more information on Ohio Overtime Laws, contact Mansell Law Ohio’s unpaid overtime employment lawyer, visit the Frequently Asked Questions page, or check out our Ohio employment law blog for speci c overtime violations
Mansell Law is widely recognized as a top employment law rm in Ohio The attorneys at Mansell Law have handled hundreds of claims for unpaid wages and overtime for violations of Ohio’s overtime laws If you are unsure about how you are being paid, it is worth giving us a call for a free consultation.
Reviews
I contacted Mansell Law after my employer required me to come into work early, work through my lunch break, and leave after the end of my scheduled shift. My employer was only paying me for a maxof 8hours per day but I was actually working between 9and 10hours per day I thought that this could not be right but when I asked my supervisor, I was told that Ohio’s overtime laws did not require them to pay me for the extra 5-10 hours per week Something about that did not seem right so I reached out and talked to Greg Mansell about my overtime work. We ended getting myself and several other employees the paid pay we were owed plus an additional amount Now my employer pays me and everyone else for all the overtime hours we work It was really a painless process and I am really glad I made the phone call! If you need a law rm that understands the overtime laws in Ohio, contact Mansell Law!
Gary Hall, Ohio Overtime Violations