As Ohio FLSA attorneys, employees are not always classified as employees and/or paid minimum wage or overtime wages. However, the penalties for unpaid overtime wages are steep.
The Fair Labor Standards Act (FLSA) mandates that public and private employers compensate non-exempt employees at least federal minimum wage and overtime compensation of one and one-half times their hourly rate for each hour worked in excess of 40 per week.
Although the FLSA requires that employees be compensated at least the federal minimum wage, it provides that if employees are entitled to minimum wage under the federal and a state law, they are to be compensated at the higher rate. Thus, in Ohio non-exempt employees are entitled to Ohio’s state minimum wage rate. As of July 24, 2009, the federal minimum wage is $7.25 per hour for non-tipped employees. However, Ohio’s minimum wage is presently $8.15 per hour for non-tipped employees. Under federal law, tipped employees must be paid $2.13 per hour (and if they do not at least make minimum wage with their tips, the difference between what they make and what they are required to make to earn at least minimum wage). Under Ohio law, tipped employees are to earn the minimum of $4.08 plus tips.
The FLSA exempts certain employees from the requirements of the FLSA based upon their job duties. Oftentimes, an employer may misclassify an employee as exempt from the FLSA in order to avoid paying the employee in accordance with the FLSA. However, an employer cannot unilaterally make the election for the status as exempt or non-exempt.
The following is taken from: https://www.dol.gov/compliance/guide/minwage.htm
The following are examples of employees exempt from both the minimum wage and overtime pay requirements:
The following are examples of employees exempt from the overtime pay requirements only:
Certain employees may be partially exempt from the overtime pay requirements. These include:
The above information does not detail every exemption from the FLSA. However, the takeaway should be that the status of your employment as exempt or non-exempt from the FLSA is dependent upon the circumstances of your employment. If you: (1) are not being paid overtime; (2) are not being paid all of your overtime; (3) believe have been misclassified as exempt; or (4) otherwise question the circumstances of your compensation, you should consult with Ohio FLSA attorneys immediately so that they can determine if your rights have been or are being violated.
Our Ohio FLSA Attorneys are here to provide you with a free consultation to review your circumstances to determine if there is a violation of the FLSA or Ohio law. If there is a violation of the FLSA, you may be entitled to recover unpaid wages, liquidated damages, attorney’s fees, and costs so it is very important to speak with our experienced Ohio FLSA attorneys to determine your right to recovery. Our Ohio FLSA Attorneys will fight for you. Contact our Ohio FLSA Attorneys for a free consultation at 1-614-949-1181 today.