The Fair Labor Standards Act (FLSA) establishes requirements for Ohio employers regarding payment of minimum wage and overtime to workers. However, the laws carve out exceptions for independent contractors and employees who are considered exempt, meaning companies do not have to comply. As a result, many employers sidestep applicable regulations and unlawfully withhold wages for their own financial gain. Such a situation is termed “misclassification” by the US Department of Labor Wage and Hour Division (WHD), and it harms your rights, your financial situation, and many other legal protections.

You do have legal options if you were wrongfully misclassified by your employer, and our team at Coffman Legal, LLC can assist with your remedies. Please contact our office today to set up a no-cost case evaluation. One of our Canton overtime exemptions and misclassifications attorneys can offer specific details based upon your circumstances, but some general information may also be useful.

How Misclassification Affects Overtime Exemptions

In short, if you are considered an exempt employee or independent contractor, your employer does not need to pay minimum wage or overtime for hours worked in excess of 40 per week. FLSA allows companies to classify workers as exempt if they earn at least $684 per week and work in one of three contexts:

  1. Executives who take on managerial duties over the company or individual employees as part of their job;
  2. Administrative workers who perform office or non-manual tasks to support the company’s general business operations; or
  3. Professional employees, who have advanced knowledge in the relevant field and dedicate their efforts toward completing related tasks for the benefit of the company. 

In addition to these classifications, Ohio employers can establish exemptions for computer workers, outside sales positions, highly compensated personnel, and other employees as allowed by law.

Options for Enforcing Your Employee Rights

Considering the range of exemptions and exceptions for independent contractors, you can see how an employer would be tempted to misclassify. The company would not have to comply with minimum wage and overtime laws, so you miss out on your hard-earned money; plus, you lose numerous protections that employees enjoy if you are misclassified as an independent contractor.
At Coffman Legal, LLC, our Canton overtime exemptions and misclassifications lawyers will fight to ensure you are paid in accordance with applicable laws. A key challenge is overcoming your employer’s assertion that you are an exempt employee or independent contractor, since there is no bright line test. If we determine that you are being illegally denied overtime pay, we will take proper legal action, including filing a lawsuit in court to enforce your rights.

Discuss Your Situation with Our Canton Overtime Exemptions & Misclassifications Attorneys

If you have questions or would like additional details about Ohio employment laws, please contact Coffman Legal, LLC to set up a free case assessment. You can speak to a Canton overtime exemptions and misclassifications lawyer by calling 614-949-1181 or visiting our website. After reviewing your situation, we can advise you on your legal options.

Contact Coffman Legal Today

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