When it comes to questions about minimum wage exceptions, there are a number of different concerns that workers may have. These can range from whether or not your role is exempt or nonexempt from minimum wage provisions that are contained in the Fair Labor Standards Act (FLSA), to whether or not you should be receiving the federal minimum wage or your state’s minimum wage.
Minimum wage exceptions are an important topic, especially as all workers have rights and we want to ensure that you receive fair pay for all hours worked.
Below, we answer a few questions related to whether or not there are any exceptions to the minimum wage in Ohio and what workers can expect when it comes to the minimum wage.
- Who is Covered by the Minimum Wage Provisions?
- Are There Any Exceptions to the Minimum Wage in Ohio?
- Can an Executive Expect Less Than Minimum Wage?
Who is Covered by the Minimum Wage Provisions?
Non-exempt employees are covered by the FLSA minimum wage provisions and other applicable state provisions. Non-exempt employees are guaranteed an hourly rate and overtime pay for any hours worked over 40 hours in a week.
Most employees are typically considered non-exempt, with a few exceptions that we will look at in more detail next.
Are There Any Exceptions to the Minimum Wage in Ohio?
Yes, there are some Ohio exceptions to the minimum wage in addition to exemptions under the FLSA.
Some FLSA exemption examples to the minimum wage include:
- Employees of certain seasonal, recreational establishments, “employees of certain small newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and employees engaged in newspaper delivery.”
- Anyone who is a casual babysitter or those who are employed as companions to the elderly.
- Certain farmworkers are employed by “anyone who used no more than 500 “man-days” of farm labor in any calendar quarter of the preceding calendar year.”
- Employees who fall under these categories: executive, administrative, professional, and computer employees.
Keep in mind the above is not an all-inclusive list of employees who may be exempt from the FLSA minimum wage.
Some specific Ohio exceptions to minimum wage, according to the Ohio Department of Commerce, include:
- Employees who work for the federal government.
- Individuals who are working as a babysitter in their employer’s home or someone who is a live-in companion for a sick or elderly person whose main duties do not include housekeeping.
- Employees who work for a completely family-owned and operated business and who are relatives of the owner.
- Any employees who work at a camp or other recreational area for children under the age of eighteen. The camp or recreational area must be owned and operated by a non-profit organization or a group of organizations.
In some cases in Ohio, employees may also be paid the federal minimum wage of $7.25 (as of December 2022) instead of the Ohio minimum wage of $10.10 (beginning in 2023). Sometimes the lower minimum wage is used when an employee is underage or working for certain employers, like a non-profit camp.
If you have further questions about exemptions to the minimum wage, contact us online today!
Can an Executive Expect Less Than Minimum Wage?
An employee who falls under the executive exemption provision of the FLSA can typically expect to be paid on a salary basis. According to the FLSA’s guidelines, an executive employee must be “compensated on a salary basis at a rate of not less than $684 per week.”
Employees who are considered exempt because of their executive status do not receive the protections from the minimum wage and overtime pay provisions. With that in mind, each individual employee’s case will vary. Your salary basis may equal less than either federal or state minimum wage depending on your position and your employer.
Exemption status is also determined by job duties and not by job title. Employers do regularly misclassify employees – either on purpose or by misunderstanding. If you believe you have been misclassified, please contact our experienced wage and hour attorneys today.
Connect With the Coffman Legal Firm Today
When it comes to minimum wage exceptions, there can be a lot of questions that crop up – especially if you have questions about whether or not you are covered by minimum wage laws or if you believe your exemption status has been misclassified. If you are concerned that you are not being properly compensated, please reach out to our overtime exemption lawyers today.
You can connect with the experienced wage and hour lawyers at Coffman Legal today over the phone at 614-949-1181 or through our online contact form to schedule a free and fully confidential consultation.
