There are many reasons an employer may misclassify an employee for financial gains. The employer may be looking to avoid paying overtime, trying to prevent their employees from taking medical or family leave, or attempting to lower their taxes and workers’ compensation insurance costs. If you have been denied access to protections and benefits from your employer because of a misclassification, it is time to speak with a Toledo overtime exemptions and misclassifications attorney from Coffman Legal, LLC.

When Overtime Pay Applies in Ohio

Ohio Code 4111.03, states that hourly and salaried employees, with a few exemptions, should be paid one and a half times their wage rate for any work they complete in excess of 40 hours per work week. This means an employer who pays minimum wage of $8.80 per hour should be paying their employee $13.20 per hour for every hour they work overtime. An employer who misclassifies their employee as an outside salesperson who receives a commission or a professional would be avoiding overtime pay since these are two of the exemptions to the overtime law.

What Hours Count Towards Work?

According to the U.S. Department of Labor, the following does count as hours on the job:

  • Hours permitted or suffered by the employee count. This means an employee who stays late at work to fix an error or voluntarily do work can still be paid for that time;
  • Any time an employee is at work but waiting for tasks to complete;
  • An employee who is required to be “on-call” at their place of employment;
  • 20 minute breaks throughout the workday;
  • An employee who is allowed to sleep or engage in personal activities while on duty for less than 24 hours;
  • Involuntary meetings, lectures, or trainings;
  • Travel during the workday that is principal to the employee’s job such as traveling to a job site; and
  • More.

While some places of work may use overtime as an incentive, overtime is not required for weekend work, holiday work, or regular days of rest unless the employee has already met the 40 hours per week threshold.

Misclassifying an Employee as an Independent Contractor

Some employers may intentionally or unknowingly misclassify an employee as an independent contractor. Even if the employee is an independent contractor when it comes to tax law, they may still be considered an employee based on the Federal Labor Standards Act (FLSA). It is important to know that a person can work remotely and even with flexible hours and still be considered an employee.

Discuss Your Employment with a Toledo Overtime Exemptions and Misclassifications Attorney

If you believe you should be receiving benefits at work such as overtime pay or medical leave, it is time to speak with a skilled Toledo overtime exemptions and misclassifications attorney at Coffman Legal, LLC. We can help determine if your employer is meeting the laws laid out by the Fair Labor Standards Act and help you take legal action if they are not. Contact our offices today at 614-949-1181 to schedule a free consultation.

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