What is overtime? Overtime is additional compensation paid to non-exempt employees when they work in excess of 40 hours in any workweek. Overtime is to be paid at one and one-half times the employees’ regular rate of pay (this is not always the same thing as the employees’ hourly rate of pay).
So, the first requirement to receive overtime pay is that you have to be a non-exempt employee. Whether you are exempt from receiving overtime or not depends on your job duties. An employer can pay you a salary and tell you that you are exempt, but whether you are properly classified as exempt depends on your job duties. There are many exemptions from the Fair Labor Standards Act (“FLSA”). Whether you are exempt from receiving overtime or non-exempt (and entitled to overtime) is not always straightforward. If you have questions about whether you are exempt or not, you should speak with our Columbus Overtime Attorneys.
If you are non-exempt, then you are entitled to overtime wages if you work over 40 hours in any workweek. Many employers do not like paying overtime wages to exempt employees so there are many reasons that employees do not receive the overtime they are legally entitled to. If you have questions about off-the-clock work, refusal to pay overtime, interrupted meal breaks, compensation for being on call, pay for training, rounding, comp time, straight hourly pay for overtime hours worked, and other forms of wage theft, the best thing you can do is contact our experienced Ohio Overtime Lawyers. We have helped thousands of employees recover unpaid wages on an individual of class basis.
The next potential pitfall for employers is whether they pay overtime at the correct rate of pay. Many employers assume that they can pay employees at one and one half times their hourly rate of pay. However, the law requires employers to pay employees at one and one half times their regular rate of pay. An employee’s regular rate of pay includes their hourly rate of pay and other forms of remuneration, such as shift differentials, non-discretionary bonuses such as attendance or productive bonuses, and other types of compensation. Although not all forms of additional compensation need to be included many do. Even the largest employers can make this mistake. If you are working over 40 hours in a workweek, it would be a good idea to speak with our Ohio Overtime Attorneys so that they can review your paystubs and timekeeping records to determine if you are being paid correctly under the FLSA.
We are here to help you with any issues related to your pay and overtime. The FLSA sets forth the minimum requirements that an employer must meet in order to be compensating its employees properly. We fight for employees on an individual or class basis for the unpaid overtime wages that they have worked hard to earn. If we are able to recover unpaid overtime wages under the FLSA, you may be entitled to the value of the unpaid overtime wages for up to three years, an amount equal to the unpaid overtime wages called liquidated damages, and attorney’s fees, costs, and expenses. We believe that employers should be paying employees in excess of the minimum requirements of the FLSA and we regularly take them to task when they fail to meet their obligations. Our Columbus Ohio Overtime Lawyers are here to provide you a FREE consultation regarding any questions you have about your wages, pay, or overtime – call us at 1-614-949-1181.