Last updated on August 2nd, 2023
Wage and hour Ohio laws set the basic standards for employee pay and time worked, and cover issues such as minimum wage, tips, overtime, meal and rest breaks, and when an employee must be paid.
Most people rely on their employers to treat them fairly and comply with pertinent Federal and state laws in terms of their wages and hours. But sometimes employers make mistakes about what the law requires of them. In other cases, they may intentionally violate workers’ rights. Below are some basic legal requirements regarding Ohio’s wage and hour rules that will help you better understand your legal rights as an employee. For more information, contact a wage and hour lawyer from Dyer, Garofalo, Mann & Schultz.
As of January 2021, Ohio Employers whose gross receipts are greater than $314,00 annually must pay their Employees an hourly minimum wage of $8.80. Tipped Employees can be paid a minimum wage of $4.40, as long as their tips bring them up to the hourly minimum wage of $8.80. The rate is reviewed in September of each year and adjusted according to the Consumer Price Index. Any change takes place on January 1 of the subsequent year. Ohio Const., art. ll §34a.
Ohio labor laws require an employer to pay overtime to employees, unless the employee is otherwise exempt, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. This overtime requirement does not apply to employers who gross less than $150,000 per year.
A number of Ohio workers are exempt from minimum wage. The most common exceptions to the overtime laws are for so-called “white collar” workers, defined as “administrative, executive, or professional”. These employees are those paid on a salary basis who spend most of their time performing job duties that require the use of discretion and independent judgment.
This is a partial list of other types of Employees that are also exempt from overtime requirements:
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
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That is not a violation of the wage and hour laws. The State of Ohio has no laws pertaining to the maximum amount of hours or days worked in a week. It does require, though, that you be paid at least minimum wage for all hours worked, and that you receive one and one-half times your regular rate of pay for all hours worked over 40 hours in a week.
Not necessarily. Just because you are salaried, rather than hourly, the worker doesn’t mean you are not entitled to overtime. However, if you are paid at least $684 per week and your job meets certain other criteria, such as you spend most of your job performing duties that require discretion and independent judgment, you might be considered exempt from overtime. This is an area where employers often make mistakes, so if you are unsure about whether you are exempt or entitled to overtime, it’s important to check with an employment lawyer.
That is a violation of Ohio’s wage and hour rules. Ohio Rev. Code § 4113.15 requires that an employer must pay employees at least twice per month. As an example, all hours worked from the 1st to the 15th of the month must be paid by the 1st of the following month. All hours worked from the 16th to the end of the month must be paid by the 15th of the following month.
If these deductions reduce your pay below the minimum wage, your employer is guilty of a minimum wage violation. If you believe these deductions are unfair or fraudulent, you may want to consult an employment attorney.
This is a violation of Ohio’s rules. An employer must give minors a 30-minute break after working five consecutive hours. Employers must also comply with a number of other restrictions in the employment of minors, including the total number of hours they may work, and when they may work during the school day and school year. Ohio Rev. Code Chapter 149.
The Ohio Department of Commerce’s Division of Labor and Worker Safety, Wage and Hour Bureau handles wage and hour complaints. You can get started by using this form for filing a minimum wage complaint.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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