Mandatory Overtime Laws in Ohio

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Employers must schedule and keep track of the hours their employees work. In Ohio and other states, employment statutes cover workers who put in more than 40 hours in a seven-day period. The law sets the minimum salary in an overtime situation, but exempts certain employers -- and certain employees -- from its provisions.

The Ohio Overtime Statute

According to the Ohio Revised Code 4111.03, anyone who works more than 40 hours in a seven day period, whether or not he's been scheduled to work those hours, must be paid time and a half for the overtime hours. For example, if the standard hourly wage is $10, the employer must pay at least $15 an hour for any overtime.

The Law on Exemptions

The Ohio law specifically mentions the Fair Labor Standards Act of 1938 as governing any and all exemptions to the overtime law. However, certain workers are not classified as "employees" under state guidelines, including newspaper carriers, babysitters, federal government workers, executives, commissioned salespeople, volunteers, seasonal state employees, seasonal students workers, camp workers, and those employed by the state legislature. Employers of these workers are not bound by the overtime rules pertaining to the rest of the state.

Public Employees and Overtime

According to Section B of the statute, county employees may elect to take paid time off as compensation for their overtime hours. This provision allows fire and police departments --which often demand unexpected overtime -- to hold more strictly to their budgets, which are set by public authorities and agencies such as county boards. Compensatory time, however, is granted at time and a half as well, meaning a firefighter would get 90 minutes of leave for every extra hour worked.

Farms, Small Business, and Unionized Employees

The law also exempts agricultural workers from minimum overtime pay, as well as businesses that gross less than $150,000 a year. According to the FLSA, a collective bargaining agreement between union representatives and an employer may also set overtime wages that override the federal and state provisions. If both state and federal law set rules on overtime pay, the law that sets higher pay standards applies.

References

About the Author

Founder/president of the innovative reference publisher The Archive LLC, Tom Streissguth has been a self-employed business owner, independent bookseller and freelance author in the school/library market. Holding a bachelor's degree from Yale, Streissguth has published more than 100 works of history, biography, current affairs and geography for young readers.

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