Am I exempt under the FLSA or entitled to overtime wages? Ohio Overtime Lawyers
By Coffman Legal, LLC | Posted on May 17 2017
Contact our Ohio overtime lawyers with any questions about whether you are exempt and/or your right to overtime wages.
Our Ohio overtime attorneys can answer all of your questions regarding whether or not you are exempt or entitled to overtime wages for hours worked over 40 hours per week. The Fair Labor Standards Act (“FLSA“) governs the payment of overtime wages and requires employees who are non-exempt to be paid overtime wages.
Employees who are “exempt” under the FLSA are not entitled to overtime pay, neither are independent contractors. However, employees who are “non-exempt” are entitled to overtime pay for all hours worked over 40 hours per week. Whether you are properly classified as exempt, an independent contractor, or non-exempt depends upon the circumstances. Please understand that employers often misclassify employees as exempt or as independent contractors to avoid paying overtime. Contact us for further information with our Ohio FLSA attorneys.
Overtime wages must be paid when a non-exempt employee works over 40 hours in any workweek. If your employer allows you to work over 40 hours in one workweek, but then reduces your hours in the next workweek to avoid paying overtime, that pay practice likely violates the FLSA.
How do you know if you are an exempt employee or non-exempt employee?
If you are an employee who is paid by the hour, then chances are a non-exempt and should receive overtime pay, but your classification is dependent upon your job duties. Salaried employees are typically exempt from the FLSA, or not entitled to overtime wages. However, employers regularly misclassify employees as exempt, salaried employees when in fact they are non-exempt employees and entitled to overtime pay. By misclassifying employees, employers avoid paying overtime wages. Our Ohio (FLSA) Wage and Hour Lawyers handle misclassification cases on a regular basis, call us if you believe you are being misclassified.
Most employees are non-exempt, and therefore entitled to overtime pay, unless they fall into certain categories called exemptions. An employer has to prove an employee is exempt and exemptions are based upon the employee’s job duties.
The following are exemptions under the FLSA for non-exempt employees (not entitled to overtime wages):
1) Professional Exemption.
- If you are being paid at least $455 per week on a salary basis and all of the following apply: (1) your “primary duty” must be the performance of work requiring advanced knowledge; (2) the advanced knowledge must be in a field of science or learning; and (3) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. You may find more information about the professional exemption here.
2) Administrative Exemption.
- To be exempt from overtime, administrative employees must make at least $455 per 40-hour workweek. Their primary duties must consist of office or non-manual work directly related to the management policies or general business operations of the employer or the employer’s customers. Their job must require them to exercise discretion and independent judgment on significant matters related to the business. More information on the administrative exemption can be found here.
3) Executive Exemption.
- To be exempt from overtime, executive employees must also make at least $455 per 40-hour workweek. Their primary duties must consist of management of the enterprise in which he/she is employed or a recognized department or subdivision of that enterprise. They must regularly direct the work of, or manage, at least two other employees. They must also have the authority to hire and fire or have significant input in personnel decisions. More information on the executive exemption can be found here.
4) Outside Sales Exemption.
- To qualify as an exempt outside sales employee, the employee’s primary duty must be making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and the employee must be customarily and regularly engaged away from the employer’s place or places of business. More information about the outside sales employees’ exemption may be found here.
5) Computer-Related Occupations Exemption (also IT).
- To qualify as an exempt computer employee, they must make at least $455 per 40-hour workweek. They must be employed as a computer system analyst, computer programmer, software engineer or other similarly skilled professional in the computer field. The employee’s primary duty must consist of: 1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; 2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; 3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or 4) A combination of the aforementioned duties, the performance of which requires the same level of skills. More information on the computer-related exemption can be found here.
6) Highly-Compensated Employees Exemption.
- To qualify for the highly compensated employee exemption, you must make more than $100,000 per year. Your primary duties must be performing office or non-manual work. Finally, you must customarily perform at least one of the duties of an exempt executive, administrative or professional employee. More information on the HCE exemption may be found here.
7) Miscellaneous Exemptions.
- The exemptions exclude: (1) blue collar workers, (2) construction workers, (3) first responders, (4) technologists and technicians, and (5) veterans.
- Other exemptions include: (1) motor carrier exemption; and (2) employees at seasonal amusement or recreational establishments.
What if I believe I should be paid overtime wages, but am not receiving any overtime compensation?
Contact our office today to speak with Ohio overtime lawyers. As you can see by the brief information provided here, overtime laws are complicated and employers do not always comply with the laws. Each case must be evaluated and analyzed on a case-by-case basis. If you question whether you should be paid overtime, call our Ohio overtime attorneys. You may be misclassified and entitled to overtime. Our office is here to advise you of your rights and guide you through the legal process. For any other questions about your rights to overtime wages, then you may contact our office for a FREE consultation with Ohio overtime lawyers by filling out the information on our contact page or calling 1-614-949-1181.