UNPAID OVERTIME
Employees in Youngstown, the surrounding areas of the state, and nationwide are protected by federal wage and overtime laws. Under these laws, employees cannot work over a certain number of hours without receiving compensation. Consider the following about what you should know about overtime laws at the state and federal level, what to do if you’re owed unpaid overtime, and how our Youngstown unpaid overtime attorneys can help.
The state and the federal law regarding overtime pay in Ohio are consistent with one another: for any hours worked over 40 in a seven-day period, an employee is entitled to compensation for those hours of a rate at 1.5 times their regular rate of pay. For example, if an employee is earning $20/hour, then they are entitled to a rate of $20/hour for the first 40 hours of work performed that week; then, they are entitled to a rate of $30/hour (20 x 1.5) for any hours performed over 40 that week. If an employee worked a total of 50 hours, they would be entitled to $20×40 + $30×10 for a total of $1,100.
Paying an employee overtime is not an option unless they are an exempt employee. Being an exempt employee does not simply mean that you are a salaried employee; in fact, some salaried employees do receive overtime pay. Instead, you are exempt from overtime pay if you have duties that can be described as executive, professional, or administrative. This fact sheet provided by the U.S. Department of Labor, Wage and Hour Division, provides more details.
If you have been denied overtime benefits to which you are entitled, you maintain the right to bring forth a wage and hour complaint with the Ohio Bureau of Wage and Hour Administration, or with the U.S. Department of Labor’s Wage and Hour Division. You must fill out the complaint in full in order for it to be considered. It is important to note that your employer is prohibited under federal law for discriminating against you/ retaliating against you for filing a wage and hour complaint. After your complaint has been filed, an investigative process will commence. If the Department of Labor finds that you are indeed ordered overtime benefits, you may be eligible for back pay and other benefits, depending on your case.
Not being paid the wages to which you’re entitled can be frustrating and maddening. If you are in this situation, it’s important to remember that the law is on your side. When you work with our Youngstown unpaid overtime attorneys, we can help you to bring forth your complaint, present evidence of your case, and get the money that you are owed under the law. For a free consultation, please feel free to call our law firm directly at your convenience. We are here to support you.