Ohio Break Laws

Ohio-Break-Laws

What are the Ohio Break Laws for workers?

Should you be paid for your cigarette break, meal break, rest break, lunch break, coffee break or bathroom break?  What if your employer automatically deducts your lunch break but you never actually have time to take a lunch break?  Find out when you should be paid for breaks in Ohio for employment attorneys.  The answers to these questions could impact whether you are entitled to overtime compensation or other wages.

Continue reading “Ohio Break Laws”

Ohio Overtime Laws 2020

Ohio-Overtime-Laws-2020

What are the Overtime Laws in Ohio and should you be paid overtime even if your employer calls you salary? The Ohio Overtime Laws changed in 2020 because new federal regulations that govern overtime and exemptions were issued by the Department of Labor.

Highlights:

  • New overtime laws took effect January 1, 2020.
  • “Exempt” means your employer does not have to pay you overtime rates for hours worked over 40 in a single workweek.
  • To qualify as “exempt” your employer must pay you a guaranteed minimum salary each week, and your primary job duties must fall into a specific category (Overtime Exemptions: Executive, Administrative, Professional, Computer Related, Outside Sales)
  • Salary Minimum Raised to $684 per week, or $35,568 annually (previously $455 per week, or $23,660 annually) – If you do not make at least $684 per week, then your employer must pay you overtime.
  • Employer can count non-discretionary bonuses or other incentive payments, such as commissions, towards the employee’s weekly salary to determine whether the salary minimum is met (with limitations).
  • Annual Minimum for Highly Compensated Employees Increased to $107,432.00 per year (previously $100,000 per year)

Continue reading “Ohio Overtime Laws 2020”

Overtime for Salary Exempt Employees in Ohio

Overtime-For-Salary-Employee-Ohio

My employer told me I’m not entitled to overtime pay because I am an “exempt” employee. What does this mean, and how can I challenge this? Does this comply with Ohio Overtime Laws?

 Picture this: You pick up some extra hours at work and ask your employer if you’ll receive overtime for your extra efforts. You are told you’re not entitled to overtime because you are an “exempt” employee. What does this mean, and how can you tell whether your employer is allowed to do this? Our Ohio Overtime Lawyers walk you through the different types of exempt employees under the FLSA and Ohio Wage Laws and what your employer must prove to claim these exemptions. Continue reading “Overtime for Salary Exempt Employees in Ohio”

Are Non-Compete Agreements Enforceable in Ohio?

Are Non-Compete Agreements Enforceable in Ohio

The common belief amongst employees is that non-compete and/or non-solicitation agreements are disfavored and not enforceable.  However, the Courts in Ohio have enforced these restrictive agreements under certain circumstances. Before you assume that your non-compete or non-solicitation agreement is not enforceable, you should read this article and talk to an employment attorney. Continue reading “Are Non-Compete Agreements Enforceable in Ohio?”

Are you Eligible for Medical Leave Under the Family Medical Leave Act (FMLA)?

Am I entitled to medical leave under the Family and Medical Leave Act (FMLA)? What are the FMLA eligibility requirements and qualifications in Ohio?

Do you or a family member suffer from a serious medical condition or do you have an upcoming surgery? If you need medical leave from work, you could be entitled to protected leave that guarantees your job when you return to work. Our Columbus, Ohio employment lawyers break down the ins and outs of FMLA eligibility.

Continue reading “Are you Eligible for Medical Leave Under the Family Medical Leave Act (FMLA)?”

Six Critical Steps to Take Before Filing an Employment Lawsuit

Steps to take for Filing Employment Lawsuit

Are you a current or former employee thinking about filing a lawsuit against your current or former employer? This article lays out the crucial steps to take before you initiate legal action – from the view point of a Columbus employment attorney. Failing to follow these guidelines could have a negative impact on the success of your potential employment law claim. Prepare for the worst, hope for the best! Continue reading “Six Critical Steps to Take Before Filing an Employment Lawsuit”

Is job reassignment a reasonable accommodation under the Americans with Disabilities Act (ADA)?

ADA-Accommodation-Job-Reassignment-Disability

If you cannot perform your job due to a disability, and you request to be reassigned to a job you are able to perform as an ADA accommodation, can your employer make you compete for this open position with other job applicants? This likely depends on where you live. Our Columbus, Ohio ADA Disability attorneys provide a full analysis of this issue and the current divide among the  U.S. federal courts. 

Continue reading “Is job reassignment a reasonable accommodation under the Americans with Disabilities Act (ADA)?”

Employee vs Independent Contractor: Which Are You?

Employee vs Independent Contractor FLSA lawyers

My employer classifies me as an independent contractor when I believe I should be classified as an employee.  How do I determine if I am properly classified? Does this matter? Should I be paid overtime? Our wage and hour lawyer breaks it down for you here.

The answer to this question requires an evaluation of multiple factors.  Labels are not determinative.  Even if your employer informs you that you are an independent contractor, requires you to sign a contract identifying you an independent contractor, or pays you as an independent contractor, these designations—alone—do not conclusively define the nature of the working relationship.

Continue reading “Employee vs Independent Contractor: Which Are You?”

Should you be Paid for “On-Call” Time?

Pay for On Call Time FLSA Ohio Overtime Attorneys

Should I be paid for “On-Call” Time?

Being “on-call” can be annoying and really limit what you are able to do outside of work. So when is your employer required to pay you for time spent on-call?  The answer, as with many wage and hour questions is that it depends on the specific circumstances of your situations. Our overtime attorneys in Columbus, Ohio lay out the factors that are considered in making the determination of whether On-Call time is work time for which you should be paid.

Continue reading “Should you be Paid for “On-Call” Time?”