Fair Labor Standards Act - FLSA Ohio

What are the FLSA laws in Ohio and when do you need to contact an FLSA Lawyer?

Your Columbus, Ohio overtime attorneys represent employees throughout Ohio in claims for unpaid wages. We have recovered millions of dollars for our clients related to wage and hour violations, and our Ohio Employment lawyers can evaluate your case today. Reach out to us to schedule an employment law free consultation.

The Fair Labor Standards Act (“FLSA”) generally requires employers to pay their employees no less than the federal minimum wage of $7.25 per hour for each hour worked. The FLSA also requires that employees be paid overtime, at time-and-one-half their regular hourly rate, for hours worked in excess of 40 per workweek. However, the rules and regulations regarding overtime pay are very complex, and not all employees are entitled to overtime. Moreover, even if you are entitled to overtime, the manner in which you are paid can also affect how your overtime rate is calculated.

When Am I Entitled to Overtime Pay in Ohio?

Some employees are considered “exempt” from the minimum wage and overtime requirements of the FLSA. This means, among other things, that you are not entitled to overtime pay. You fall into this “exempt” category if you are employed in a bona fide executive, administrative, professional, or outside sales role. You also fall into this category if you are a “highly compensated employee,” defined as someone who makes more than $107,432.00 per year on a salary basis, and you perform at least one of the duties of a bona fide executive, administrative, or professional exemption employee.

However, your job title alone does not determine whether you are exempt from overtime pay requirements. Your employer must prove your position meets certain requirements regarding your pay structure (the “salary basis test”) and your job duties (the “duties test”) in order to avoid paying you overtime. If your position cannot meet any part of the either test, then you are not an exempt employee, and you may be owed wages. The salary basis test and duties test for executive, administrative, professional, and outside sales employees are explained below.

The Salary Basis Test

To meet the Salary Basis test, you must be paid on a salary basis of no less than $684.00 per week (or $35,568.00 annually). This means you must receive the same, predetermined amount each pay period, regardless of how many hours you actually work. The salary basis requirement recently increased from $455.00 per week, meaning thousands of employees who were previously not entitled to overtime now must receive overtime pay. Reach out to us to make sure your employer’s pay practices are up to date with the current laws.

The Duties Test

To meet the Duties Test, your position must meet the requirements of one of the following executive, administrative, professional, or outside sales roles:

The Executive Exemption

You meet the requirements for the executive exemption if all of the following are true:

  1. You meet the above Salary Basis test;
  2. Your primary job duty involves managing the company or department within the company;
  3. You customarily and regularly supervise at least two full-time employees or their equivalent; and
  4. You have authority to hire and fire employees, and/or your suggestions as to hiring and firing are given particular weight.

The Administrative Exemption

You meet the requirements for the administrative exemption if all the following are true:

  1. You meet the above Salary Basis test;
  2. Your primary job duty involves performing office or non-manual work directly related to the management or general business operations of your employer; and
  3. Your primary job duty requires that you exercise discretion and independent judgment on matters of significance.

The Professional Exemption

The professional exemption is broken into two categories; learned professionals, and creative professionals. You meet the requirements of these exemptions if:        

Learned Professional

  1. You meet the above Salary Basis test;
  2. Your primary job duty involves performing work requiring advanced knowledge that is predominantly intellectual, and requires that you consistently exercise discretion and independent judgment;
  3. Your advanced knowledge is in a field of science or learning; and
  4. Your advance knowledge was acquired by a prolonged course of specialized intellectual instruction (i.e. a special academic degree).

Creative Professional

  1. You meet the above Salary Basis test;
  2. Your primary job duty involves performing work requiring imagination, invention,originality, or talent in an artistic or creative field, such as music, art, drama, or literature.

The Outside Sales Exemption

The outside sales exemption, unlike the other exemptions, does NOT require that you meet the Salary Basis test. You meet the requirements of the outside sales exemption if:

  1. Your primary duty involves making sales, filling orders or creating contracts for services or use of facilities paid for by the customer; and
  2. You regularly perform your work away from your employer’s place of business.

Certain computer programming and engineering employees are also exempt from the FLSA’s overtime requirements, but these situations are very fact-specific and highly dependent upon the type of computer-based work you perform.

How is Overtime Calculated in Ohio?

If your position does not fall under any of the above exemptions, then you are entitled to overtime pay for your hours worked in excess of 40 per workweek. Generally, your overtime rate is calculated at time-and-one-half your regular hourly rate of pay. For example, if your regular hourly rate is $15.00 per hour, your overtime rate is $22.50 ($15.00 + $7.50).

However, if you receive commissions, bonuses, or if your hours of work are subject to a shift differential, these payments can also affect the overtime rate you should be paid. Commission payments and shift differentials must be included in the calculation of your overtime rate. Bonuses should also be included in the calculation of your overtime rate, but only if the bonus is non-discretionary. A bonus is non-discretionary if your employer cannot decide on whether to make the payment or how much it will pay. These types of bonuses are usually agreed to in advance, such as attendance or sales target bonuses. For more information on how to calculate your overtime rate with commissions, bonuses, or shift differentials, check out our overtime calculation blog post.

For more information on the FLSA, visit our Employment Law Blog or reach out to your Ohio overtime attorney today for free consult. We will evaluate whether you are owed wages and assist you with enforcing your rights under the FLSA and Ohio law.

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