Are Salaried Employees Entitled to Overtime in Ohio?

In Ohio, salaried employees may or may not be entitled to overtime pay depending on their exemption status. Earning a salary alone does not automatically exempt you. If your annual salary is less than around $58,656 (as of 2026) or you don’t meet a true “exempt” status in the duty test, you are likely eligible for overtime pay under federal guidelines.

Employees who were not properly compensated may want to speak with an unpaid overtime attorney in Cleveland about their rights.

What Are Ohio’s Overtime Laws?

Overtime pay is a required increase in job compensation for certain hours worked under state and federal law. The Fair Labor Standards Act (FLSA) states that for every hour worked in a single week beyond 40 hours, all non-exempt employees must receive a “time-and-a-half” payrate increase. If an employee typically earns $20 per hour, for example, he or she would be owed $30 per hour for each overtime hour worked.

Do You Qualify for Overtime as a Salaried Employee?

Overtime pay is a legal requirement that applies to most workers in Ohio. However, there are some exemptions for certain types or categories of employees. These exemptions are based on a specific set of criteria related both to salary and job duties. Being salaried alone does not mean you are automatically exempt.

The criteria to be considered exempt (and not entitled to overtime pay) are as follows:

• Salary basis test. As of January 1, 2025 (and into 2026), the standard salary threshold for overtime exemption is $1,128 per week or $58,656 per year. Earning anything less than this as your annual salary means you are generally entitled to overtime.
• Salary level test. If your salary exceeds $151,164 per year, you are classified as a highly compensated employee (HCE). You must also be responsible for at least one exempt job duty to be exempt from overtime pay.
• Job duties test. Even if you earn less than the salary threshold, you may still be entitled to overtime if your actual job duties do not qualify you as exempt. Exempt categories include (but are not limited to) executive, administrative, professional, computer and outside sales jobs.

If an employee in Ohio does not meet all three of these criteria, the employee legally must be paid the correct rate of overtime pay for all applicable hours – even if he or she earns a salary. Employers are responsible for reevaluating their employees to confirm whether or not they are still exempt from overtime pay as the Department of Labor changes threshold values.

Seeking Compensation for Misclassification in Ohio

Withholding overtime pay is a common tactic employers use to protect their own profits. One way in which they may do this is to misclassify salaried employees as exempt even when they are not. This is a legal violation in Ohio that can result in penalties against the employer and compensation paid to the employee for wages owed.

If you believe you are not exempt from overtime pay, but have been misclassified or denied correct overtime wages by your employer, consult with the experienced Ohio employment lawyers at Scott & Winters Law Firm, LLC about filing a complaint. We will review your situation to determine if you are a victim of unpaid overtime. 

If so, we may offer to represent you during a legal claim or lawsuit in the pursuit of back pay and other types of compensation you may be owed. Contact us today to start with a free case evaluation in Ohio.