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Ohio Overtime Laws

Working long hours is not usually an issue as long as your paycheck keeps up with your productivity. When you work more than 40 hours in a week, the overtime pay is a welcome benefit. However, not all employees qualify for this extra pay. It pays to know when overtime pay is required, and the following review will get you up to speed on the fundamentals of Ohio overtime laws.

Ohio Overtime Law Summary

This chart highlights key provisions of Ohio overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: pay time and a half for hours over 40.

Ohio Overtime Rules

  • Required over 40 hours at a rate of 1.5 time standard pay
  • ”Comp” time allowed for government employees only
  • No mandatory overtime for working over 8 hours a day
  • No overtime if your employer/organization grosses less than $150,000 a year

Filing a Wage Complaint

What Is the Law for Overtime in Ohio?

The rules governing overtime pay are a mixture of state and federal laws. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay. The federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. States are can provide workers with more rights and benefits than offered by the FLSA, but not less.

Ohio law follows FLSA and requires employers to pay "time and a half" for all hours worked after the first 40 in a week. This means if you usually make $10 an hour, you must be paid $15 an hour for any time worked beyond the 40-hour threshold. There is no overtime requirement for working more than 8 hours in a day and your employer does not need to provide you with breaks.

Is “Comp” Time Legal in Ohio?

State and county employees may take compensatory time off instead of overtime pay. Time taken must be approved by the appropriate supervisor and must be used within 180 days of earning the overtime. Under the FLSA, this practice is illegal for private employers.

Do I Have to Work Overtime?

If you’re employer requires you to work overtime, then yes, you have to work overtime. If you refuse, your employer has the right to discipline or terminate you. This rule can be modified by prior agreement or collective bargaining.

Can Salaried Employees Receive Overtime?

Being paid a salary does not mean that you are not entitled to receive overtime. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and weekly income determine if you are eligible for overtime.

How Do I Calculate My Overtime Pay?

An employee who works more than 40 hours in a workweek is entitled to compensation at the rate of 1.5 times the employee’s regular rate of pay for hourly workers. Averaging of hours over two or more weeks is not permitted.

Who Is Covered by Overtime Laws?

Under Ohio and the FLSA, some employees are exempt from overtime requirements. Employees working as executives, administrators, and professional and outside sales employees are typically exempt under the federal rules. Ohio also has a “no-overtime” exemption for live-in babysitters and adult caregivers, nonprofit children's camp workers, many farm workers, and any members of the employer's immediate family.

Job time alone is not always enough to prove an employee is exempt from the overtime requirements. An employer must show that:

  • The employee is paid on a salaried (not hourly) basis;
  • The salary meets FLSA regulation requirements; and
  • The employee’s duties meet the FLSA requirements.

Research the Law

State laws are always subject to change. It’s important to verify the laws you’re researching by conducting your own research or consulting with a qualified Ohio attorney. The following links provide more information about wage law:

Have Specific Questions About Ohio Overtime Laws? Ask a Local Attorney

You deserve to be paid appropriately for the time you spend at work. If you have a wage or over-time issues at work, it's a good idea to speak with a local employment attorney who has experience in wage law. Your attorney can help you navigate the legal requirements for filing and proving your wage claim, as well as recover any other damages and interest that may be available to you.

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