Ohio Overtime and Labor Laws
Minimum Wage Regulations
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 employees for hours worked over 40 during a workweek In Ohio, employers with gross annual receipts of at least $150,000 must pay its 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 employee meets an exemption from the overtime requirement, his employer is not required to pay overtime. There are specific criteria to meet each exemption. The most common exemptions to the overtime pay requirements in Ohio are for:
- 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
- Administrative employees
- Professional employees
- Computer employees
For Workers in the Oil and Gas Industry
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
- Top Drive Technicians
- Top Drive Assistants
- Top Drive Mechanics
- Service Supervisors
- Pumpers and Lease Operators
- Tankermen / Tankerman
- Field Coordinators
- Mud Pushers
- Tool Pushers
- Water Truck Drivers
- Field Engineers
- Field Office Clerks
Holidays / Vacation
Ohio does not have a state law requiring additional pay for work done on holidays or weekends. Employers are also not required to offer vacation, holiday or other pay for time not worked. These policies are at the discretion of the employer.
Meal Breaks / Rest Periods
Ohio does not require an employer to provide breaks to employees. However if breaks are given, employers must follow the Federal requirements which state that when breaks of 20 minutes or less are given, they must be paid. Meal breaks of 30 minutes or more can be unpaid as long as the employee is relieved of all duties.
Reporting Time Pay
Neither Ohio nor the Federal law requires payment if an employee reports to work expecting to work for 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. Exempt employees must be paid at least once per month.
Ohio wage law does not specifically 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 the same as under 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. In almost all cases, they are additionally entitled to an award of “liquidated damages” equal to the amount of the unpaid overtime. This means that a successful employee can recover two times the amount of unpaid overtime. A successful plaintiff can also be awarded attorney’s fees and expenses.
Questions? Contact us and we can give you more information and review your specific circumstances. You can submit your information using the convenient case-evaluation-form , send an email or call attorney Michael Lore.