Minimum Wage and Overtime

Both federal and Ohio law require most employers to pay all non-exempt employees at least minimum wage, as well as time and one half for all hours worked beyond forty per workweek. The determination of whether an employee is exempt from these laws is not always easy and is frequently litigated. If any of the following applies to you, you may have a minimum wage or overtime claim.

You may have a minimum wage claim if:

1. You are paid less than $8.80 per hour for all hours worked. Even if you are paid $8.80 per hour, but work off the clock, have time docked for breaks that you did not actually take, or time docked based on productivity or performance.
2. You are not paid for time spent on training or other mandatory activities.
3. Your employer withholds your last paycheck, then you were effectively paid $0 per hour for all hours worked in that pay period.

You may have an overtime claim if:

1. You work 40 hours a week or more and you work off the clock, have time docked for breaks that you did not actually take.
2. You are not paid for time spent on training or other mandatory activities.
3. You are paid on a salaried basis, you work over 40 hours per week, and you have a “manager” title but have the same job duties as a non-manager, and cannot hire and fire other employees.
4. You are paid on a salaried basis, you work over 40 hours per week, and your job does not require discretion and independent judgment.
5. You are required to put on protective gear before clocking in, and you work 40 hours per week or more.
6. You are required to take off protective gear after clocking out, and you work 40 hours per week or more.
7. You are paid less than $684 per week.

You are likely exempt from the overtime rules if:

1. You earn more than $648 per week and perform a job that requires an advanced degree, is managerial in nature, or involves discretion an independent judgment.
2. You are an outside sales person.
3. You work as a computer programmer, computer systems analyst, software engineer, or another computer-skilled field.
4. You are a truck driver that drives a vehicle weighing 10,000 pounds or more.