According to Innovation Ohio, when Ohioan Attorney General Mike DeWine blocked the U.S. Department of Labor from restoring overtime pay protections for employees earning less than $48,000 per year in 2016, 327,000 Ohio residents lost overtime pay protections. Overtime pay protections ensure that an employee is compensated at “time and a half” for any work they complete in excess of 40 hours per workweek. While fewer Ohioans receive overtime because of the lawsuit brought by the state’s Attorney General in 2016, many more employees are not being adequately compensated because their employers are using deceptive practices to avoid paying the required overtime. If you believe your employer is taking advantage of your dedication to working over 40 hours a week with providing overtime, you need to speak with a Toledo unpaid overtime employees attorney.

Employees Who Do Not Receive Overtime Pay

The following types of employees do not qualify for the Federal Labor Standards Act overtime payment rules:

  • Administrative employees;
  • Executive employees;
  • Highly compensated employees (According to the IRS, a highly compensated employee either is compensated more than $130,000 in 2021 by the business or who owns more than 5 percent interest in the business);
  • Independent contractors;
  • Baby-sitters;
  • Federal employees;
  • Hospital charity workers;
  • Live-in companions for elderly or sick patients provided the employee is not primarily doing housekeeping;
  • Newspaper deliverers;
  • Salespeople;
  • Computer employees;
  • Police and firefighters;
  • Employees working at a nonprofit children’s camp;
  • Student employees working for the government on a seasonal or part-time basis;
  • Employees who are working for Congress; and
  • Some employees of motor carriers transporting companies.

How Employers Violate Overtime Compensation Laws

An employee can violate overtime pay by misclassifying an employee as one of the above types of workers such as an executive employee who is not eligible for overtime or by incorrectly adding up an employee’s weekly hours. It is also illegal for an employer to force a worker to clock out while they are still performing tasks for work.

When Employers Do Not Have to Pay Overtime

If an employer grosses less than $150,000 per year in revenue, they are not required to pay employees time and a half for overtime work. Weekends are not considered overtime unless the employee is exceeding their 40 hours per week by performing work on the weekend. Similarly, holidays or regular days of rest are not automatically overtime. State and federal employees can be paid in comp time if it is agreed upon ahead of overtime work. Comp time means employees are given “time and a half” in paid time off instead of receiving the additional money on their paycheck. If an employee does not use the comp time within 26 pay periods, this comp time can usually be reverted back into overtime pay. There are also limits to how much comp time an employee can accrue.

Discuss Your Overtime Work With a Toledo Unpaid Overtime Attorney Today

The Toledo unpaid overtime attorneys at Coffman Legal, LLC can help you recover unpaid wages, attorney’s fees, and damages if your employer has not paid you for overtime work. To learn more,  contact us today at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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