Columbus Unpaid Overtime Attorneys
Experienced Ohio Employment Attorneys Fighting Wage & Hour Overtime Violations Statewide
Factory workers, nurses and most other employees in Ohio are entitled to be paid overtime for every hour they work over 40 hours a week. Employers must pay overtime at one and one-half times the employee’s regular rate of pay. Overtime can get expensive for employers, and many companies do not pay overtime appropriately, whether due to shoddy bookkeeping or deceptive business practices. Whatever the reason, our Columbus unpaid overtime attorneys can help you recover for unpaid overtime, including your unpaid wages, liquidated damages and attorney’s fees.
How do companies violate overtime laws in Ohio?
Employers neglect or fail to pay overtime for many reasons. Some of the most common reasons are:
- Employees are misclassified as exempt from overtime
- Companies do not keep track of employee work hours correctly
- Employers miscalculate overtime for tipped employees by not using the appropriate wage
- Businesses force employees to work off the clock so that hours worked don’t count toward overtime
Are all Ohio employees entitled to overtime?
Ohio law exempts some employers and some employees from the overtime requirement. For instance, the overtime rules do not apply to employers who take in under $150,000 in gross revenue annually. Employees who work for these employers are not entitled to overtime for hours worked over 40 in a week. Also, certain categories of employees are excluded from earning overtime under Ohio’s overtime law. These employees include:
- Employees of the United States government
- Live-in companions who care for the elderly or sick, aside from housekeeping
- Newspaper delivery persons
- Hospital charity workers
- Police officers and firefighters
- Students who work for the government on a part-time or seasonal basis
- Employees of a children’s nonprofit camp
- An individual employed directly by the senate or house of representatives
- Certain workers for a motor carrier transporting property
In addition to these Ohio exemptions, the federal Fair Labor Standards Act (FLSA) also has numerous overtime exemptions. These include white-collar exemptions for executive, administrative and professional employees paid at least $684 a week on a salary basis. The FLSA also contains exemptions for outside salespersons, computer employees, highly compensated employees and others.
Independent contractors are also exempt from overtime. Unfortunately, employers frequently misclassify workers as independent contractors when they are really employees, or they misapply one of the white-collar exemptions. Coffman Legal can apply multi-factor tests to your job to determine whether you are truly exempt or being unfairly denied overtime. Call us for a free consultation about your job if you think you are not being paid for hours you worked overtime.
How does comp time work?
Compensatory time, also known as comp time, is an alternative to overtime available to certain employees. Instead of paying overtime, employers give their workers compensatory time off at the rate of one and a half hours for every hour worked over 40 hours in a week. First of all, comp time is only available to federal and state employees. Also, the use of comp time must be part of a collective bargaining agreement or an individual agreement with the employee that is made beforehand, i.e., before the employee earns the overtime.
Usually, where comp time is available, it is subject to the employee choosing it instead of overtime, but in certain instances, the employer can require the worker to take comp time instead of overtime. Also, employees who earn comp time generally must take that time off within 26 pay periods. If they don’t, then the comp time reverts to overtime pay, which must be paid. Accrued but unused comp time must also be paid if the employee separates from employment, at the higher of the employee’s final rate of pay or regular rate of pay over the previous three years.
The FLSA limits the amount of comp time which can be accrued. For most employees, this limit is 240 comp time hours based on 160 hours of overtime. Public safety and emergency responders can accrue up to 480 hours of comp time based on 320 hours of extra work.
Ohio county and township employees can choose compensatory time off in lieu of overtime pay. These workers must use their comp time within 180 days, at a time that is mutually convenient to the employee and employer.
Coffman Legal is on Your Side with Skilled and Experienced Ohio Unpaid Overtime Attorneys
Coffman Legal is a Columbus employment law firm that helps Ohio workers collect the wages they earn when their employers don’t pay overtime or minimum wage or commit other wage & hour violations. Individual workers often feel like they are at the mercy of their employer and cannot fight unfair treatment. Know that the law is on your side, and so is Columbus unpaid overtime attorney Matthew Coffman. We’ll fight for you and help you get all the wages you are entitled to under the law.
Call Columbus Unpaid Overtime Attorney Matthew Coffman Today
If you think your employer is not paying you overtime as they should, call Coffman Legal at 614-949-1181 for a free consultation. From our office in Columbus, we help employees throughout Ohio. Act quickly before your chance to recover lost wages is gone. Call Coffman Legal today.