The Overtime Rights of a Salaried Worker in Ohio
The federal laws that govern wages and hours are set out in the Fair Labor Standards Act, or the FLSA. Federal regulations determine minimum wage, overtime pay, exempt and non-exempt employee classification and working conditions. Although the FLSA doesn't address the rights of employees in individual states, the rights of a salaried worker depend on exempt classification and not salary status.
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Ohio Law
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Ohio's Division of Industrial Compliance & Labor enforces state laws on wages and overtime pay contained in the Ohio Revised Code, Chapter 4111, Minimum Fair Wage Standards. Section 4111.03 of the Ohio Revised Code applies specifically to overtime pay, which mirrors federal FLSA regulations on overtime compensation. Many of the individual states incorporate by reference the federal wage and hour laws to avoid conflict or misinterpretation of employment issues. Ohio's wage and hours differ from the FLSA in one respect, however. The minimum wage in Ohio, as of September 2011, is $7.40 per hour. The federal minimum wage of $7.25 per hour became effective in July 2009.
Salaried, Exempt Workers' Rights
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When an employee is classified as exempt, it means he is exempt from the federal wage and hour laws concerning overtime compensation. Ohio's law is the same -- employees who are salaried, exempt workers in Ohio are exempt from both the federal and state laws concerning overtime. Therefore, salaried, exempt workers in Ohio don't have overtime rights -- they receive compensation on a fixed salary basis, regardless of the number of hours they put in for each workweek.
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Salaried, Non-Exempt Workers' Rights
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Salaried, non-exempt workers' rights to overtime are the same as hourly non-exempt employees' rights. A salaried worker who is classified as non-exempt is entitled to overtime compensation at a rate no less than 1 1/2 times her regular hourly rate for working more than 40 hours in a workweek. To calculate overtime pay, the employer must determine the salaried, non-exempt employee's equivalent hourly rate and multiply that by 1.5 to calculate overtime due. For example, a salaried, non-exempt paralegal who receives an annual salary of $62,000 has an equivalent hourly rate of $29.80, which is $62,000 divided by 2,080 hours. Based on a 40-hour week, 52 weeks a year, the total number of work hours in a year equals 2,080. When the salaried, non-exempt worker works more than 40 hours in a workweek, she has the right to receive $44.70 for each hour of overtime.
Considerations
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Employers who don't compensate salaried, non-exempt workers for overtime hours are subject to an investigation that can be initiated by an employee or anyone else who suspects the employer is violating federal or state laws. If an employer is found to have intentionally violated overtime rules, the government can assess fines and penalties, in addition to an order to pay the employee for overtime worked.
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