Being misclassified as exempt in Ohio means you are working in a position that is entitled to overtime pay, but being classified as someone who is exempt. Misclassification is a tactic an employer might use to get out of paying overtime. If this happens to you, you have legal recourse. You may be entitled to back pay, job reinstatement, and more. Consult with an employment lawyer in Ohio to explore your rights and legal options.
In Ohio, most workers are legally entitled to receive overtime pay, or time-and-a-half wages for any hour over 40 hours worked in a single seven-day week. This is the law under the federal Fair Labor Standards Act (FLSA). Ohio also has state laws in keeping with this federal law. However, certain workers are exempt from the overtime mandate.
Ohio follows the FLSA’s rules when determining who is exempt and nonexempt from overtime. Ohio’s exempt employee laws use the salaries (“compensation thresholds”) and duties test. If a worker holds a job as an executive, administrative, professional (EAP) or highly compensated employee (HCE) and is paid a regular salary that meets the federal threshold, he or she is exempt from the overtime requirement.
Ohio labor laws for salaried employees use federal minimums. Although the salary thresholds for these jobs were scheduled to increase on January 1, 2025, a federal judge waived the rule, keeping the amounts where they were as of 2019. Currently, the minimum salary for exempt EAPs is $684 per week or $35,568 per year. An HCE must make at least $107,432 annually to qualify as exempt.
You may be a misclassified worker if you are paid a salary but your primary job duties do not fall under the category of EAP work. If you are being referred to as a manager but do not manage at least two employees, this could be a way to misclassify you and avoid paying overtime. Finally, if you do not meet the minimum salary for exempt status, you are being misclassified.
Employers have a duty to know the difference between exempt vs. nonexempt Ohio workers. Employers are legally responsible for evaluating whether or not employees are being properly classified based on their job duties and the current salary threshold. Both of these stipulations must be met to classify an employee as exempt.
If you have reason to believe that your boss is carelessly or intentionally misclassifying you to avoid paying you overtime, start documenting everything. Keep a detailed record of your hours worked, job responsibilities, and pay stubs. Then, consult with an unpaid overtime attorney in Ohio to discuss the possibility of recovering backpay.
A lawyer can help you consider legal action, such as filing a wage claim against your employer. A lawyer can also help you file a complaint with the Department of Labor, if necessary, to hold the employer accountable. A lawyer will review all of your legal options and available protections on your behalf.
Ohio is an at-will employment state, meaning employers do not need to give a reason to fire employees. However, retaliation is illegal under the FLSA. Retaliation refers to adverse employment action taken against a worker as a form of punishment for a protected activity, such as issuing a complaint about an exempt status or filing a wage complaint. If you are the victim of retaliation, you could be entitled to additional compensation or job reinstatement if you were wrongfully terminated.
