Many types of Ohio workers are entitled to receive overtime for every hour they work in excess of 40 hours per week. That includes people like nurses, factory workers, retail workers, and more. Employers are required to pay employees overtime at one and one-half times their regular rate of pay. Payroll for overtime expenses can add up quickly, and many employers aren’t paying out overtime benefits correctly. Sometimes it’s due to bookkeeping mistakes, while other times, it’s because of deceptive business practices. If you are not receiving the correct overtime pay, you need to speak with an experienced Cincinnati unpaid overtime attorney right away.
Whatever the reason is, the team at Coffman Legal is here to help. We can help you recover compensation for unpaid overtime, including any unpaid wages plus liquidated damages and your legal fees.
Employers fail to pay overtime for numerous reasons. Some of the most common ones we see include: Employers are misclassifying employees as exempt and therefore not entitled to overtime. Employers are not keeping track of the correct hours that employees work. Employers are miscalculating overtime for tipped employees but not using the right wage. Employers are forcing their employees to work off the clock to keep their overtime costs down.
Some employers and employees are exempt from overtime requirements. For example, the rules will not apply to an employer with less than $150,000 annual gross revenue. Employees who work. Here are not entitled to receive overtime for any hours over 40. Also, some categories of employees are excluded from overtime pay as well. Examples include: Babysitters United States government employees Newspaper delivery people Firefighters and police officers Someone working directly for the senate or house of representatives Hospital charity workers Live-in companions who care for sick or elderly Students employed by the government on a seasonal or part-time basis Certain employees who work for a motor carrier and transport property Employees at children’s nonprofit camps There are also exemptions under the Fair Labor Standards Act (FLSA), a federal law. Exemptions here include white-collar executive, administrative, and professional employees who are paid a minimum of $684 each week in salary. Other examples include computer employees, outside salespeople, and more. Independent contractors are also exempt from receiving overtime. However, employers often try to classify employees as independent contractors to keep from paying benefits or misapply a white-collar exemption. If you believe you should be receiving overtime, our Cincinnati unpaid overtime attorneys can help.
In some cases, employers may offer comp time as an alternative to overtime. You would get time off at one and one-half hours for every hour you worked over 40 hours in a week. This is an option only available to federal and state employees, and they must use it within 26 pay periods. If they don’t, then it will revert to overtime pay, which must be paid. Under the FLSA, there are limits to how much comp time an employee can accrue.
If you have questions on comp time or any other aspects related to unpaid overtime pay, contact Coffman Legal today to schedule an initial consultation. Let us help you recover any unpaid wages and overtime you’re entitled to receive.