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.
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:
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.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
My attorney was/is Dominic Zambelli and from the very start, my experience with him was amazing. He explained what I needed to do for the case, the timeline, and put my mind at ease immediately. Fast forward six months, my case is settled and I am very happy with the result. If you are ever, and I mean EVER, looking for an honest, transparent, and diligent lawyer, call DGM&S and ask for Dominic. You will not be disappointed.
201 East 5th St.