Ohio Overtime Laws

Ohio’s labor laws are similar to the federal Fair Labor Standards Act (FLSA) and protect workers from working unpaid overtime. The law also sets the minimum wage and overtime pay requirements. If workers have wage disputes, the law provides ways to address them.

Ohio Overtime Laws

Ohio’s overtime statute mirrors the FLSA regarding minimum wage and overtime pay. Overtime rates must be paid at one-and-a-half times an employee’s standard hourly wage (“time-and-a-half”) for all hours over 40 hours in any workweek.

In Ohio, overtime is calculated at 40 hours per workweek, not eight hours per work day. For instance, if an employee works nine hours three days of a week and six hours for two days in the same week, they’re still below the 40-hour overtime threshold. This differs from the policies of some other states.

Ohio overtime laws only apply to state agencies and businesses with gross annual revenue over $405,000. They don’t apply to federal workers, independent contractors, and small businesses.

Exempt vs. Non-Exempt Workers

Some workers are “exempt” from overtime laws, meaning employers don’t have to pay them overtime for working more than 40 hours per week. Usually, these are executives, administrative employees, and others paid on a salary basis. Others with a “no-overtime” exemption include:

• Outside sales employees who receive commissions or bonuses
• Agricultural workers
• Live-in babysitters and caregivers
• Highly compensated employees with unusually high pay rates

To avoid paying overtime hours to these workers, an employer must show that:

• The worker is a salaried employee
• The salary meets FLSA regulation requirements
• The job duties meet the FLSA requirements.

All other employees are non-exempt employees and must be paid overtime for hours worked over 40 hours per week.

Comp Time

County and state workers may take compensatory time, or “comp time,” instead of receiving overtime pay if they wish. Comp time is a way of banking the number of hours worked as overtime for use as time off later. For instance, an employee may work five hours of overtime and use them as vacation time. Compensatory time for covered public employees must accrue at a rate of no less than 1.5 hours for each hour of overtime worked. Federal law prohibits comp time for private employers.

Overtime Violations

If your employer asks you to work overtime, you deserve to be paid at the correct overtime rate. Common overtime violations include asking an employee to “stay over” for an hour and then paying the additional hour at the worker’s regular rate of pay. Even if you work only one hour over the 40-hour weekly limit, you’re entitled to overtime pay for that hour.

Other common violations can include:

• Misclassifying workers as independent contractors or “salary exempt” to avoid overtime rules is illegal. Independent contractors aren’t considered employees.
• Employers can’t require workers to perform essential duties off the clock, such as mandatory meetings, prep work, and other tasks. State law excludes routine commutes and chores such as checking email from overtime, but employers can’t make these part of a worker’s required duties without paying the appropriate rate.
• “Time shaving” and improper calculating are also violations. Splitting schedules across days or weeks to avoid the 40-hour limit (such as ending a worker’s shift at 11:59 and then starting it again at 12:01), failing to include shift differentials for swing and graveyard shifts, and other methods of avoiding paying total hours at the proper rates are illegal.

Workers who believe they have been victims of wage violation or wage theft can file a complaint with the U.S. Department of Labor or the Ohio Department of Commerce. You may also have a civil cause of action for liquidated damages of up to twice your back pay. Contact an employment law attorney for more details.

Get Legal Advice From an Ohio Employment Law Attorney

If you have a wage or overtime issue at work, consider speaking with an Ohio employment attorney about filing a complaint for lost wages. Ohio gives you two years from the date of the violation. Meeting with an attorney to discuss an overtime regulation violation can help you recover money you’re owed.