The Fair Labor Standards Act (FLSA) and Ohio law requires that most employees be paid at least the federal minimum wage (or the Ohio minimum wage which is higher) for all hours worked and overtime pay at one and a half times the regular rate of pay for all hours worked over 40 hours in a workweek.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. Calling an employee a “manager,” and paying them a salary and demanding that they work 60 hours a week, does not make them exempt. In order for an exemption to apply, an employee’s job duties and salary must meet all the requirements of the DOL’s regulations.
Many times employers try to get you to work “off the clock” to keep their expenses down. Sometimes they refuse to pay you for travel time between jobs. Sometimes they call you an independent contractor (1099) to avoid paying payroll taxes. All of this is not only illegal, its just not right. At Beggs Law Offices we routinely handle wage and hours cases of all kinds. If your employer is playing games with your pay, call Beggs Law Offices.