Ohio Overtime Laws: Your Right to Time-and-a-Half Pay

Quick Answer: Ohio's Minimum Fair Wage Standards Act requires overtime pay at 1.5 times the regular rate for hours over 40 per workweek, following federal FLSA standards. Ohio covers employers with gross receipts over $385,000 for the state minimum wage but follows federal FLSA for overtime. File complaints with the Ohio Department of Commerce or federal DOL.

Working over 40 hours? You likely deserve overtime.

Ohio Overtime Basics

The Rule

Overtime required:

• 1.5× regular rate of pay
• For hours over 40 per workweek
• Based on 7-day period
• Follows federal FLSA standards

No Daily Overtime

Like federal law:

• No daily overtime requirement
• Only weekly calculation
• Each workweek stands alone

Workweek Definition

A workweek is:

• 7 consecutive 24-hour periods
• 168 consecutive hours
• Set by employer
• Must be consistent

Who's Entitled to Overtime

Non-Exempt Employees

Most workers covered:

• Paid hourly
• Don't meet exemption tests
• Entitled after 40 hours

Coverage

Federal FLSA applies to:

• Employers in interstate commerce
• Gross sales over $500,000
• Most private sector workers

Exempt Employees

Salary Basis Test

To be exempt:

• Paid on salary basis
• Earn at least $684/week ($35,568/year)
• Meet duties test

Executive Exemption

Duties include:

• Managing enterprise or department
• Directing 2+ employees
• Hiring/firing authority

Administrative Exemption

Duties include:

• Office or non-manual work
• Related to management
• Independent judgment

Professional Exemption

Duties include:

• Advanced knowledge
• Specialized education
• Creative professionals

Other Exemptions

May be exempt:

• Outside sales
• Computer professionals ($27.63+/hour)
• Highly compensated ($107,432+)

Calculating Overtime

Regular Rate

Includes:

• Hourly wage
• Non-discretionary bonuses
• Commissions
• Shift differentials

Basic Calculation

Formula: Regular rate × 1.5 = overtime rate

Example: $18/hour × 1.5 = $27/hour overtime

Weekly Calculation

Example:

• Work 50 hours at $18/hour
• Regular: 40 × $18 = $720
• Overtime: 10 × $27 = $270
• Total: $990

Common Violations

Misclassification

Called exempt when not:

• Below salary threshold
• Don't meet duties test
• Wrong exemption category

Off-the-Clock Work

Unpaid time:

• Pre-shift preparation
• Post-shift cleanup
• Work during lunch
• After-hours emails

Averaging Hours

Cannot average weeks:

• Each week stands alone
• 30 hours + 50 hours ≠ two 40-hour weeks
• Must pay overtime for 50-hour week

Comp Time

Private employers cannot:

• Substitute comp time
• Must pay overtime
• When earned

Filing an Overtime Claim

Federal DOL

For FLSA claims:

• Wage and Hour Division
• Phone: 1-866-487-9243
• www.dol.gov/whd

Ohio Department of Commerce

For state claims:

• Division of Industrial Compliance
• Phone: 614-644-2239
• com.ohio.gov

Private Lawsuit

Court options:

• State or federal court
• Class action possible
• Attorney's fees available

Statute of Limitations

Time limits:

• 2 years (general)
• 3 years if willful
• Act promptly

Damages

What You Can Recover

May include:

• Back wages
• Liquidated damages (double)
• Attorney's fees
• Interest

Common Scenarios

Scenario 1: Salaried Below Threshold

Situation: Paid $32,000 salary, work 50 hours weekly, told you're exempt.

Analysis: Below $35,568 threshold. Not exempt. Owed overtime.

Scenario 2: Working Through Lunch

Situation: Work during lunch, pushes you over 40 hours.

Analysis: Working lunch is compensable. Overtime owed.

Scenario 3: Manager Without Authority

Situation: Called "manager" but no hiring/firing power, mostly do regular work.

Analysis: May not meet executive exemption. May be owed overtime.

Frequently Asked Questions

When is overtime required in Ohio?

After 40 hours in a workweek. Ohio follows federal FLSA standards.

What is the overtime rate?

1.5 times your regular rate.

I'm salaried—am I exempt?

Not automatically. Must earn above threshold AND meet duties test.

Can employer require overtime?

Yes. Can mandate overtime but must pay for it.

How far back can I claim?

2-3 years depending on willfulness.

Related Topics

• Ohio Wages and Hours
• Ohio Minimum Wage
• Ohio Unpaid Wages
• Ohio Employment Law Hub

Take Action

If not receiving proper overtime:

1. Track all hours worked
2. Calculate overtime owed
3. Document off-the-clock work
4. File with federal DOL
5. Consider private lawsuit

You've earned your overtime—get paid.

Legal Disclaimer

This article provides general information about overtime laws in Ohio and is not legal advice. For specific advice, consult a licensed Ohio employment attorney.

For official information:

• U.S. Department of Labor: https://www.dol.gov/agencies/whd | 1-866-487-9243
• Ohio Department of Commerce: https://com.ohio.gov | 614-644-2239