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As an overtime attorney in Cleveland, OH, we often come across clients who are eager to know about their rights regarding overtime pay. They generally want to know if they are entitled to receive overtime pay, how much they can expect to receive in overtime pay, and whether their employer has the right to deny overtime pay for any reason.
What are your rights as a worker in Ohio regarding overtime pay? Let us take a look.
Under Ohio law, the term ‘overtime’ is defined as the amount of time you work in excess of the standard workweek – which is 40 hours. For every hour you work in excess of the standard workweek, you are entitled to receive overtime pay, which should be at least 150% higher than your regular pay.
For instance, if you are paid the state minimum wage, which is $8.80 per hour, you must be paid at least $13.20 for every hour you work in addition to a 40-hour work week.
Does this mean that if you are denied overtime pay, you can sue your employer with the assistance of an overtime attorney in Cleveland, OH? The answer to your question is – it depends on whether you are an exempt or non-exempt employee.
The most important thing you need to know about federal and state laws regarding overtime pay is that they are applicable only if you are a non-exempt employee. If you are an exempt employee, your employer is not obligated to pay you for the additional hours you put in.
Who can be considered an exempt employee under state and federal laws? This is also a question we are often asked as an overtime attorney in Cleveland, OH.
Employees who meet one or more of the criteria listed below are generally exempt from state and federal overtime laws.
If you do not fit into any of the aforementioned categories, you can be considered a non-exempt employee, in which case you are eligible to receive overtime pay.
You should file a wage and hour violation lawsuit against your employer to recover unpaid wages if you:
Make sure you document everything! Take notes and retain proof so your attorney has proper context and can determine whether or not you have a case.
At Scott & Winters, we are familiar with the tricks used by employers to deny overtime pay and other benefits to their employees. We know how to hold them accountable for their wage and hour violations and recover the wages you are entitled to receive.
We are proud to say that we have recovered millions in compensation for blue-collar workers in Ohio who were shortchanged by their employers. To find out more about overtime laws and whether you have a claim against your employer, call us today at 216-912-2221 or contact us online to schedule a free consultation.