Ohio Overtime Labor Law

August 15th, 2006 Posted by Mark

In Ohio, the overtime labor laws are quite similar to the overtime laws in many of the states that we’ve already looked at. And that means, as I’ve gotten into before, that the Ohio overtime laws are also similar in many respects to the federal overtime labor laws contained in the Fair Labor Standards Act.

Does that mean we shouldn’t look at the Ohio laws? Of course not! We ought to look at them for the simple fact that they exist, meaning that Ohio has overtime laws on its books compared to states that don’t have overtime laws at all. What’s that mean? It means that all workers (with some exceptions) in Ohio are ensured to get overtime.

On the other hand, theoretically speaking, if Ohio didn’t have overtime laws, the only law governing this aspect of wage labor would be the federal FLSA. This law only covers certain businesses—large interstate businesses with operations inside and outside of Ohio, and those that take in more than $500,000 in revenue per year. Certain types of businesses, such as schools, hospitals, and governments, also are always covered by the FLSA. Small businesses, on the other hand, in our theoretical discussion, wouldn’t be required by federal law to pay overtime.

But Ohio does have an overtime law, so all businesses (with some exception) are required to pay their employees time and a half for all time spent working in a week over 40 hours.

If you’ve noticed, I keep saying “with exceptions.” Well, what are those exceptions? For Ohio, the overtime labor law states that agricultural employees are exempt from, or do not have to be paid, overtime requirements. Also excluded are employees that are exempt from Ohio’s minimum wage requirements. The federal FLSA also has its fair share of exclusions, such as those that exempt professional, administrative, and executive type employees.

Last 10 posts by Mark

« Kentucky (KY) Department of Human Resources
Oklahoma Overtime Labor Law »
Posted in Employment Laws, Ohio, Overtime, Wage and Hour

  1. Posted by: William Scott Luther

    Can you tell me what’s the most I can be expected to work in a 7 day period, in Ohio?

  2. Posted by: Amelia

    Hi William — I can, but please don’t shoot the messenger! Ohio law sets no limit on the number of hours that an employee can be expected to work. So, an employer could require a worker to put in 100 hours or more, per week. Sorry! For more detailed answers, you can post your questions at http://www.laborlawtalk.com.

    Thanks for reading our blogs! Amelia

  3. Posted by: Linda

    Does it state anywhere in Ohio or Federal law what “hours worked” means? If an employee works 9 hours one day and has 32 hours of vacation time in a week, are they entitled to 1 hour of overtime or not?

  4. Posted by: Amelia

    Linda, the US Dept. of Labor addresses the issue of “hours worked” extensively under federal law. The short answer is, vacation time does not count as “hours worked.” So in this example the employee would not be entitled to any overtime. For a more complete answer, post your question on our sister site at http://www.laborlawtalk.com. Thanks for reading! Amelia

  5. Posted by: Robert

    I recently started a new job and my employer stated that over 55 hours is overtime. Is this legal? I drive a forklift for a transport company, meaning I take out one truck and transport that load into an outbound trailer.

  6. Posted by: Amelia

    Robert, both Ohio and federal law require overtime after 40 hours in most occupations, although there are some exceptions. If I were you, I’d check with the Ohio Department of Labor, or the US Department of Labor (Wage and Hour Division) on the legality of this. If you don’t get satisfaction, you could also check with the US Department of Transportation, which regulates truck drivers. And, it’s always good to post a question on our sister site, http://www.laborlawtalk.com. Thanks for reading! Amelia

  7. Posted by: Kris

    I worked at [employer name deleted] amusement park and did not get overtime. I was told that entertainment companies do not have to pay overtime, is this true?

  8. Posted by: Amelia

    Hi Kris! This is probably correct. Ohio law exempts a number of companies from paying overtime. Several states exempt amusement parks or seasonal businesses from the state overtime laws. To double check, contract the Ohio Department of Labor. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Julie

    My son works in a factory and was wondering if a supervisor can come up when he is just about to leave from his shift and demand overtime. I told him probably so, but he just wanted to be sure.

    Thank You

  10. Posted by: Amelia

    Hi Julie! Yes, you are right. An employer can make overtime mandatory, and there is no law in any state that the employer must inform the employee in advance of overtime. The employer could even wait until your son gets home, and call him back to work. Any employee who does not comply can be disciplined or terminated. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Kelleigh

    Hi I work in the restaurant industry as a line cook and we get paid every two weeks. I’ve just started and I make $10 an hr. My first week I worked only 12 hrs, but my second week I worked 46 hrs- should I be getting overtime? Or is my job exempt? Thanks!

  12. Posted by: Amelia

    Hi Kelleigh! Both federal and Ohio law require that employees be paid overtime when they work more than 40 hours in the payroll week. However, an exception under Ohio law permits employers not to pay overtime, if the employers annual revenue is less than $150,000 per year. If you are working in a very, very,very small restaurant, this could apply. If you think you should be paid overtime, file a wage claim with the Ohio Division of Labor & Worker Safety. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: James

    I have two questions.

    Can an employer take a paid time off day away legally when the owner decides to shut down ? Not for lack of work, just to be closed. ( day after thanksgiving)

    Is there a law regarding overtime for supervision on salary in a manufacturing facility? THese would be Ohio laws.

    Thank you.

  14. Posted by: Amelia

    Hi James! An employer can require that exempt employees use a day of PTO when the business is closed on the day after Thanksgiving. Federal law requires that exempt employees be paid for this day, so giving the employee the time off unpaid is not an option. However, when the employer grants PTO the employer sets the rules regarding it, and can change those rules at any time.
    There is no federal or Ohio law that requires an exempt salaried employee to be paid overtime, ever. Whether the employee is exempt will depend upon federal, not Ohio law. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: Al

    Can any one tell me specificly what employees of Ohio [employer name deleted] a major drugstore chain can do who are officially denied overtime, but are asked to stay over and workovertime for various reasons( Usually understaffing- see the security camera footage) and not be payed for it even though the time clock, pharmacy staff and especially the security cameras and cell phone cameras can validate the employees additional time worked. The employer definately benefits from this as they bully the pharmacy staff and managers to not make a peep and meet Company expectations. If an employee doesn’t show up the burden could be passed on to another employee who has to stay and work a full day sometimes without lunch. The hours are later ballanced out by rediculously long lunches and sometimes commuting 1 hour to work 2 hours instead of 8 hours originally scheduled. After all this, employees are written up for unauthirized overtime if they claim it.They are making major cutbacks, reduced selling incentives(Less monthly bonus, no christmas bonus and less rewards for selling the W card for prescriptions) replaced threats of less technician hours if the NEW quotas aren’t met.This is NOT an isolated or even small percentage of the chain. Not only are they abusing and stealing from the employees, but avoiding additional taxes that pay for lawmakers and lawenforcers jobs.
    We are non union and the pie is about to critically hit the fan.
    I will graduate soon and have no desire to work for these type of Pharmacy MOBS.

  16. Posted by: Amelia

    Hi Al! Okay, under both Ohio and federal overtime laws, an hourly employee must be paid overtime when he or she works more than 40 hours in the payroll week. So unfortunately, some of the tactics you describe are completely legal ways to reduce the employee’s hours to 40 per payroll week or less. Suppose Cindy works 4 extra hours on Tuesday. It is perfectly legal for the employer to require her to leave early or take longer lunches on other days during the same payroll week, so that her total hours are 40 or less. Minimizing overtime in this way is even considered good management.

    However, if the hourly (non-exempt) employee works more than 40 hours, he or she is entitled to overtime at 1.5 times the average rate. The employer can discipline the employee for working unauthorized overtime, but the employee must be paid. Any employee who is not paid overtime should file a wage complaint with the Ohio Bureal of Labor and Worker Safety or U.S. Department of Labor.

    A few states have laws that if an employee is scheduled for 8 hours, and sent home early, they must be paid for 4 hours. Ohio does not have such a law.

    Some of the other reductions you mention just refect the realities of being in a competitive business during a recession, including reduced hours, reduced bonuses, no christmas bonuses and fewer incentives. The employer is taking these steps to avoid bankruptcy, store closings or massive layoffs. It is frustrating, but it is better than the alternative — just ask anyone who worked for Linens ‘n Things. While conditions will improve somewhat as the economy gets better, you can continue the retail drugstore chains to be highly competitive, perhaps until one goes out of business. HTH, and thanks for reading the blogs!~ Amelia

RELATED LINKS

Subscribe to RSS

Subscribe to this blog via email
Delivered by FeedBurner
add