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Should my shift differential count towards my rate of pay for overtime? Ohio FLSA Overtime Lawyers


Employers must include shift differentials when calculating employees’ regular rate of pay for overtime wages. Contact our Ohio FLSA Overtime Lawyers today.

When non-exempt, hourly employees work in excess of 40 hours in a workweek, they are entitled to overtime compensation. Overtime wages for any time worked over 40 hours in a workweek are to be calculated as 1.5 times employees’ regular rate of pay. Many employers compensate employees at an hourly wage, but also pay a shift differential.

For example, a home health aide may be paid at $10 per hour, but earn an additional $1 per hour for night shifts. If the employee works 5 night shifts of 9 hours each, then the employee would work a total of 45 hours. Because the employee worked all of their shifts as night shifts, the employee’s regular rate of pay during that workweek is $11 per hour. Therefore, for the 5 hours of overtime worked, the employee should earn $82.5 (5 x $16.50 – employee’s overtime rate) instead of $75 (5 x $15 – employee’s overtime rate without shift differential). The regular rate calculations would become much more complex if the employee earned different shift differentials or only worked some of the employee’s hours on a shift where they earned the differential.

Contact our office for a FREE consultation with Ohio FLSA Overtime Lawyers if you have questions about overtime wages or shift differential pay.

We are here to help you with any issues related to your compensation.  Please feel free to contact our office today to speak with Ohio FLSA Overtime Lawyers about compensation, shift differential, overtime, or any other questions you have about your wages.  You may contact our office for a FREE consultation with Ohio employment Lawyers by filling out the information on our contact page or calling 1-614-949-1181.


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