As a worker in Ohio, overtime can make a huge difference in your paycheck. Whether you are finishing a project or covering a shift, those additional hours should appear on your paycheck. However, overtime laws can be complex and many employees are unaware of their specific rights under both state and federal law.
In Ohio, the Fair Labor Standards Act (FLSA) and the Ohio Revised Code govern your overtime pay. You can ensure you receive fair compensation for your work.
When do you get overtime?
40 hours is the standard workweek in the United States. Under federal law, most employees should receive overtime pay for work hours going above the standard. In addition, the overtime rate amounts to 1.5 times your regular rate of pay.
Federal law calculates overtime pay on a weekly basis, not a daily basis. For example, working 12 hours one day but only 35 hours for the week does not entitle you to overtime.
Common misconceptions
Are you receiving proper compensation for your labor? In Ohio, your employer must pay you for all time worked, not just your scheduled work hours. Here are a few common legal facts you should know:
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- “Comp time” instead of overtime pay: Generally, employers must pay overtime in money, not future time off. “Comp time” is not usually proper compensation for private sector employees.
- Off-the-clock rules: Make sure your employer pays you for “pre-shift” or “post-shift” activities related to your work. Furthermore, this may include activities such as attending mandatory team meetings or setting up your workstation.
- Overtime pay and salaries: Receiving a salary does not automatically disqualify you from overtime. Your job duties and salary level determine eligibility, not just how you are paid.
Certain employees, such as outside sales representatives and independent contractors, do not receive overtime pay. Watch out for predatory practices such as worker misclassification or automatic deduction of work done off–schedule.
To keep yourself protected, store your own accurate records of the hours you work. Compare these records to your pay stubs and regularly review for discrepancies. If you believe your employer owes you overtime pay, consult with a legal professional to explore your options for recovering compensation.