Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Overtime for Salaried Employees

Overtime but misclassified as exempt

Not many people have an issue with working long hours as long as their paycheck reflects all of the work that they are performing. After working for over 40 hours a week, the overtime pay is usually a welcome benefit. But, not all workers qualify for overtime pay. It’s worthwhile to know when overtime for salaried employees is required. Whether you should receive overtime pay for hours worked over 40 in a workweek depends upon whether you are “exempt” under the FLSA (Fair Labor Standards Act) (not entitled to overtime) or “non-exempt” under the FLSA (entitled to overtime). It is important to know that many employers misclassify employees as “exempt” and pay them a salary with no overtime pay, but whether an employer is properly classified often results in litigation.

If you have specific questions about overtime for salaried employees, you should consider consulting a Columbus Wages & Overtime Attorney.

What is Overtime Pay?

Most hourly workers are entitled to an overtime pay rate for each hour worked beyond 40 hours in a workweek. At times, certain employers violate the FLSA by paying overtime only based on a biweekly period (employee works 43 hours in one workweek, but 36 hours in the next workweek, but is only paid 79 hours at their regular hourly rate of pay – instead of 76 regular hours and 3 overtime hours). If your employer is not calculating overtime wages on a weekly basis, contact an Ohio Unpaid Overtime Lawyer.

Some states have a daily overtime limit. The limit entitles employees who work for more than a set number of hours in a day to earn overtime. However, the daily overtime limit does not apply to the State of Ohio.

The rules relating to overtime are a blend of state and federal laws. The federal rules are contained in the FLSA. States can offer employees greater rights and benefits than what FLSA provides, but not less. One way that Ohio provides employees greater rights is that it has a slightly higher minimum wage rate than the federal minimum wage.

Overtime Minimum Wage in Ohio

Ohio law follows FLSA guidelines and overtime pay is 1 and ½ times a worker’s regular rate of pay. So, the minimum overtime wage in Ohio as of 2020 is $13.05/hour (one and a half times of Ohio’s 2020 minimum hourly wage of $8.70).

Can Salaried Employees Receive Overtime in Ohio?

If you earn a salary, it does not mean that you’re not entitled to overtime pay. However, different overtime rules may apply depending on your occupation and salary. First, you may earn a salary, but be entitled to overtime if you are non-exempt under the law or if you are misclassified as exempt. Next, you may be entitled to overtime if you earn a salary of less $35,568 per year or $684 per week – this amount was raised effective January 1, 2020 from $455 per week or $23,660.

Under the Fair Labor Standards Act, some professions are exempt from the overtime pay provisions. Here are some examples:

  • Commissioned retail sales workers
  • Computer professionals that earn at least $27.63 per hour
  • Drivers, driver’s assistants, loaders and mechanics who work for a motor carrier
  • Farmworkers who are employed on small farms
  • Salesmen, partsmen and mechanics working for automobile dealerships.
  • Employees in certain seasonal and recreational establishments
  • Executives, administrative professionals and outside sales employees
  • Aircraft salespeople
  • Airline employees
  • Employees in amusement, recreational, or national parks
  • Babysitters

For more information on whether you are entitled to be paid overtime wages or not, contact Coffman Legal, LLC today.

Do I Have to Work Overtime?

Yes, if your employer requires you to work overtime. If you refuse, the employer may take disciplinary action. The key is that you must be compensated for all overtime work performed.

Consult a Wages & Overtime Attorney Today!

You deserve to receive the appropriate pay for the hours you put in at work. If you’re experiencing wage or over-time problems, it’s worthwhile to speak with a Columbus Wages & Overtime Attorney. The lawyers at Coffman Legal LLC are competent and know the laws appertaining to wages and overtime for salaried employees. They can guide you through the process of filing and proving wage and hour claims. Call 614-949-1181 for a FREE and confidential consultation.

Facebook Twitter LinkedIn

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation