Ohio FLSA Overtime – What Employees Must Know
As of September of 2019, there have been changes to the Fair Labor Standards Act (FLSA) related to overtime pay in the state of Ohio. The new guidelines govern which employees can qualify for these benefits, and they apply to all employers in Ohio — covering salaried employees as well as hourly workers.
For employees who are not sure if these new rules and guidelines impact them, this article will be a valuable guide. Knowing what you should be paid and what limitations there are on the way that you are granted overtime is crucial so that you can be sure that you are being paid correctly.
Read on to learn more about the new Ohio FLSA rules from the team at The Hux Law Firm.
How Have Overtime Laws Changed?
As of 2020, the overtime pay rules were updated to change the way that overtime is granted and at what rates. Overtime is still designated as hours that are worked in excess of 40 hours worked during a workweek. The new pay that must be offered during these hours is one and one-half the regular hourly wage.
Through 2019, workers had to be paid $455 per week or up to $23,660 per year to qualify for overtime. This calculation was done to include up to 10% of non-discretionary bonuses, incentives, and commissions. For highly compensated employees, the limit was $100,000 per year.
As of 2020, the new rules state that standard employees can earn up to $684 a week or $35,568 a year before they must be paid overtime. There is no caveat for bonuses, incentives, or commissions. A highly compensated employee can earn up to $107,432 a year.
To be clear, to be exempt from overtime, an employee must earn up to $684 per week or the stated $35,568.00 a year. There are some further requirements that need to be met for employees to be exempt from earning overtime:
- Administrative exemption
- Executive exemption
- Professional exemption
An employee must fall into one of these categories to be exempt from overtime.
How Do I Know If I Am a Standard Employee?
The guidelines for this part of the changes to overtime laws are fairly simple. Most workers will be treated as standard workers. The highly compensated category usually only applies to employees who are making in excess of $100 an hour. Salary tests have been created for those that work in non-traditional industries with fluctuating pay.
If you are not sure which kind of employee you should be and think that you are not exempt from overtime, you should seek legal counsel. These changes must be followed by all Ohio employers, and you can hold your employer accountable for paying you incorrectly if they have not been following the letter of the law.
Some Things That Did Not Change
There are some parts of the employment laws in Ohio that have remained constant. The basic overtime rate is still 1.5 times the regular hourly pay of an employee. Tipped employees such as restaurant employees and other employees who make daily income from tips are still eligible for overtime as well.
An employer also cannot automatically choose to make salaried employees exempt from overtime. There are duties tests that still must be taken for payment of administrative personnel, creative professionals, salespeople, and other unique employment types. These tests also still apply to salaried employees and those workers that get paid hourly.
Employers are not allowed to categorize a worker as an executive to avoid paying overtime. Employees can sue employers for unpaid overtime. Employers who are in violation of federal overtime rules can be made to pay back these back wages with interest, punitive damages, and any attorney fees that an employee was forced to accrue.
Do You Believe That You Are Being Paid Incorrectly?
If you think that your employer is not paying you per the new federal guidelines, you should contact us today. Our team are experts at caring for employees with cases regarding incorrect pay and employer non-compliance with FLSA laws and regulations. Having a skilled lawyer on your side can make it much more likely that you will be paid all the money that you are owed with the correct damages and interest.
Contact Hux Law Firm today for help with any possible FLSA non-compliance case that you are involved in. We can help you to collect the money that you are owed and make sure that you are getting paid correctly thereafter.