Ohio Overtime and Labor LawsHere, you’ll find an overview of the Ohio minimum wage and overtime pay laws. The Lore Law Firm has extensive experience working to enforce Ohio’s wage and hour laws to recover unpaid overtime for workers. If you think you have not received the overtime pay that is legally owed to you, please be sure to contact the Lore Law Firm for a confidential and free review of your circumstances.
Minimum Wage Regulations
The minimum wage for non-tipped employees is $7.95 per hour, effective January 1, 2014 for businesses with annual gross receipts in excess of $292,000. As of January 1, 2015, this will increase to $8.10 per hour for businesses with annual gross receipts in excess of $297,000.
Prior to January 1, 2013, the minimum wage in Ohio for tipped employees (those who customarily receive more than $30 per month in tips) is $3.85 per hour plus tips. The minimum wage for non-tipped employees is $7.70 per hour. The minimum wage applies to employees of businesses with annual gross receipts of at least $283,000. Beginning January 1, 2013, the minimum wage in Ohio for tipped employees is $3.93 per hour plus tips. The minimum wage for non-tipped employees is $7.85 per hour. The minimum wage applies to employees of businesses with annual gross receipts of at least $288,000. An amendment to the Ohio Constitution requires that the minimum wage be increased each year to keep up with inflation and that the minimum wage for non-tipped employees is rounded to the nearest five cents.
Ohio follows the Federal law. Overtime pay of time and a half is required for all non-exempt Ohio employees for hours worked over 40 during a workweek. Employers with gross annual receipts of at least $150,000 must pay non-exempt employees at an overtime rate of one-and-one-half the employee’s wage rate for all hours worked over 40 in a workweek.
Specific Exemptions from the Overtime Requirement
If an exemption is met from the overtime requirements, an employee’s employer is not required to pay overtime. Keep in mind that there are specific conditions to meet each exemption. Below is a list of the most common exemptions to the Ohio overtime pay requirements.
- Part-time police officers, firefighters, and students employed by any political subdivision of Ohio
- Babysitters and caretakers for the sick or elderly, whose principle duties do not include housekeeping
- Executive employees
- Professional employees
- Administrative employees
- Computer employees
Regardless of how they are compensated (salary, day rate, or hourly), employees in the oil and gas industry frequently are victims of overtime pay violations. Employees working the following jobs are commonly due unpaid overtime:
- Pipeline Inspectors
- Service Supervisors
- Top Drive Technicians
- Pumpers and Lease Operators
- Tankermen / Tankerman
- Field Coordinators
- Mud Pushers
- Mud loggers
- MWD / LWD Technicians
- Tool Pushers
- Water Truck Drivers
- Field Engineers
- Field Office Clerks
Holidays / Vacation
There is currently no state law in Ohio that requires additional pay for employees working on weekends or holidays. Vacation, holiday, or other pay for time not worked also does not have to be offered by employers in Ohio. These policies are at the discretion of the employer.
Meal Breaks / Rest Periods
Breaks are not required to be provided to employees in Ohio. If breaks are given, employers must pay employees for breaks of 20 minutes or less, according to the Federal requirements. Any meal break of 30 minutes or more can remain unpaid as long as the employee is relieved of all duties during this time.
Reporting Time Pay
Neither Ohio nor the Federal law requires employees to be paid if he or she reports to work expecting a certain number of hours but does not get to work their full schedule.
Under Ohio wage law, all employees must be paid at least twice a month (on or before the 15th and 30th of each month) unless the employee is exempt from overtime labor laws. Employees who are exempt must be paid at least once a month.
Ohio wage law does not address the types of deductions which can be taken; however pursuant to the FLSA, deductions for items such as uniforms, shortages, damaged goods, or trade tools cannot reduce the employee’s hourly wage below the minimum rate.
Statute of Limitations
For overtime pay claims, the statute of limitations is identical to Federal Law in that claims can be made for the 2 or 3 years (3 years if the violation is willful) prior to the filing of a lawsuit.
State Law Remedies / Penalties
The same Federal law remedies for overtime violations are available in Ohio. Employees can recover all unpaid overtime for two or sometimes three years prior to the filing of a lawsuit. Employees are additionally entitled to an award of “liquidated damages” equal to the amount of the unpaid overtime in nearly all cases, so a successful employee can recover two times the amount of unpaid overtime. Attorney’s fees and expenses may also be awarded to a successful plaintiff.Questions? Contact us and we will review your specific circumstances and provide you with further information on Ohio overtime pay laws. Use our convenient case-evaluation-form to submit your information, send an email or call attorney Michael Lore.