If your employer refuses to pay overtime wages, it may be violating federal and state laws. Employees who perform non-exempt duties are required to be paid overtime (time and a half) for all hours worked over 40 in any given workweek. If you are working over 40 hours in any week and not being paid 1.5 times your regular hour rate for the overtime hours, then you should contact our Ohio Overtime Lawyers to discuss your employment further.
As with many things, the answer is: it depends. Whether you are entitled to overtime pay depends on what your primary job responsibilities are. Oftentimes, employers misclassify non-exempt employees (those who are entitled to overtime) as exempt in order to avoid paying the employees overtime wages. We have previously blogged about employee misclassification. We also discuss common exemptions here. If you are working over 40 hours per week and you are not being paid time and a half (1.5 times your regular hourly rate) for all hours over 40, then you should call our Ohio Overtime Lawyers to discuss this further as you may be misclassified or entitled to overtime and other damages.
In addition to being misclassified as exempt, you may also be misclassified as an independent contractor. If your work is being controlled by a company and they have classified you as an independent contractor, you may have a claim for unpaid overtime for hours work over 40.
If you are a non-exempt (hourly) employee working for a private employer, then you are entitled to be paid time and a half or overtime wages for all hours worked over 40 in any workweek. Your employer cannot legally split your hours over the biweekly period or allow you to bank hours worked over 40 as “comp time.” We have already blogged about comp time (you may find the blog here). If you are working over 40 hours per week and not being paid overtime because of comp time or your employer is averaging your hours worked over two weeks, then contact our office to speak with our Ohio Overtime Lawyers.
If your employer refuses to pay overtime when you work over 40 hours in a workweek, then you may have a claim for those unpaid overtime wages, damages, and attorney’s fees, If you have questions about your rights to overtime compensation, then you should contact our office today to speak with our Ohio Overtime Lawyers. You may contact our office for a FREE consultation with our Ohio Overtime Lawyers by filling out the information below or calling 1-614-949-1181.