In many situations, Ohio employees who work over 40 hours within a designated work week are due overtime pay. This means that for each hour over the initial 40, compensation will be time and a half. But there are times when workers do not receive the pay they are entitled to, and in other circumstances individuals work in positions that are exempt.
One of the ways employers can try to sidestep overtime pay is by telling an employee the job they are working is exempt from overtime. They may even misclassify workers as independent contractors. It is important to understand the precise rights of your position. If you feel you are entitled to overtime pay and your employer is resisting, talk to a Columbus employment attorney.
Employees that are Exempt from Overtime Pay
Often the workers who are not covered by overtime rules have positions with a lot of pull into how the company is run, meaning they are managers and supervisors. But an employer cannot give a worker a title of manager to avoid overtime payments. That is illegal.
Exempt positions would include the following.
- Your salary is at a certain level, such as at least $23,660 annual or $455 per week.
- Managing is part of the position you hold.
- You can hire and fire employees.
- There are two or more workers who you direct.
While the salary level may appear low to you, the other guidelines for an exempt position could also be part of a conversation about if a position is exempt from overtime pay or not. In essence, executive level employees and directors of departments are employees who are exempt.
Being a Nonexempt Exception is also a Possibility
There are also times when a position is a nonexempt exception. In these circumstances, you may not meet all of the executive criteria but are still not entitled to overtime due to this exception. This could include one or more of the following positions.
- Administrative roles that use their own judgement for work that is not manual, such as a human resource position or a marketing professional.
- Sales force employees who make connections outside of the employer’s building.
- Professionals who have specialized training, such s a doctor, professor, or lawyer.
Nonexempt exception employees are typically salaried.
As you can see, there are many details that come into assessing if a position should be receiving overtime pay. If you have any questions or feel your rights have been violated, you should connect with a Columbus employment attorney to strategize the best path forward. An experienced lawyer knows when legal action is possible and what settlement amount would be fair given your unique circumstances.
Should you have been receiving overtime pay from your Ohio employer for years? If so, you may be able to secure back overtime pay. Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.