UNPAID OVERTIME
Most employees must be paid for overtime—every hour in excess of 40 hour per workweek is compensated at “time and a half,” which equates to 50 percent extra per hour, according to statute 4111.03. However, many Ohio employers use deceptive compensation practices to increase their own profits at the expense of their employees. Other employers may be negligent of the law, but the outcome is still the same—their employees are being taken advantage of. Our Dayton unpaid overtime attorneys at Coffman Legal, LLC have decades of experience holding small to large employers accountable for unpaid overtime and can help you.
Some employees are not protected under the FLSA’s overtime payment rules. As such, an employer does not have to compensate the following employees at time and a half for overtime: Executive employees; Administrative employees; Professional employees; Highly compensated employees; Independent contractors; Federal employees; Baby-sitters; Newspaper deliverers; Hospital charity workers; Live-in companions to sick or elderly people, if the employee’s main duties are not related to housekeeping; Employees working at a nonprofit camp for children; Police and firefighters; Salespeople; Computer employees; Students employed by the government on a part-time or seasonal basis; People employed directly by the house of representatives or senate; and Certain employees who work for a motor carrier transporting property.
Misclassifying an employee as an administrator, executive, contract worker, or other employee who is not eligible for overtime; Tracking hours incorrectly; Miscalculating tipped employee wages by using an inappropriate wage; and Forcing an employee to clock out while still working.
Some Ohio employers are not required to pay overtime. Employers who gross $150,000 in revenue annually are not required to pay their employees extra for overtime work.
If you are asked to come in and work on the weekend, it may not be paid as overtime, as the Fair Labor Standards Act (FLSA) does not require employers to pay overtime for work performed on weekends, holidays, or regular days of rest, unless the employee goes into overtime (they have worked more than 40 hours in the workweek).
Some state and federal employees are paid in comp time, as opposed to extra money at time and a half. These employees are given paid time off at the time and a half rate for hours worked in excess of 40 per workweek. Comp time is only paid as part of a collective bargaining agreement or as a prearranged agreement. An employer cannot come up with this agreement after you already worked the overtime hours. Furthermore, an employee does not use their comp time within 26 pay periods, the comp time usually reverts to overtime pay, which the employer must pay. Unused comp pay must be paid upon termination or leaving the job. Other stipulations about being paid in comp time are imposed by the FLSA—the limit for accrued comp time is generally 240 hours (based on 160 hours of overtime), though some employees, such as emergency responders, can accrue up to 480 hours of comp time (accrued by working 320 hours of extra work).
Working with an unpaid overtime attorney can help you to recover the compensation that you’re owed. Our lawyers will provide you with a free consultation, investigate your case, represent you in filing your claim, help you to negotiate a settlement, and protect you if your employer takes any action to retaliate against you. At the office of Coffman Legal, LLC, we offer free consultations and work on a contingency fee basis. You can reach us directly by phone or online to schedule your consultation. Our team can get to work on your case immediately.