In Ohio, “off-the-clock work” refers to time spent completing work-related tasks outside of standard work hours without pay. Off-the-clock work is a violation of an employee’s rights in Ohio, since the law requires employers to pay all hours worked (including overtime) to non-exempt employees. Employers are prohibited from making employees work off the clock without fair pay.
Off-the-clock work can refer to any work-related task or activity completed by a worker outside the hours of a regular workday, such as prior to clocking in, during an unpaid lunch or rest break, or after clocking out.
Examples include:
If an employee completes or engages in any work outside of regular hours or while on a break, he or she deserves compensation for this time as hours worked. Refusing to pay for off-the-clock work is a wage and hour violation in Ohio.
Ohio follows the rules of the federal Fair Labor Standards Act (FLSA) when it comes to determining which employees are entitled to pay for off-the-clock work and which are not. Under the FLSA, workers who may be exempt include:
Employers legally do not have to pay exempt workers for hours worked outside of a normal workday. All other employees, however, must be paid normal wages for shiftwork and overtime pay at a rate of time-and-a-half for every hour worked beyond 40 hours in a single week.
If you are a non-exempt worker, your employer in Ohio is legally required to pay you for all hours worked. This includes any time spent on work-related tasks outside of normal work hours and when you are technically “clocked out,” as well as travel time. If an employer has illegally withheld pay for off-the-clock work you performed, you may be entitled to an unpaid wage claim.
Start by gathering evidence and documentation of the wage violation, such as your timecards, work schedule and paystubs. Communicate the issue to your employer. There may be an administrative error or a simple mix-up that can be resolved. If not, you can hold your employer accountable for wrongdoing by filing a complaint with the Ohio Department of Commerce.
Next, you can seek financial compensation for your unpaid wages by consulting with an attorney near you. To find out if you have grounds for a case, contact Scott & Winters Law Firm, LLC for a free consultation. An employment law attorney in Ohio will review your situation, explain your rights and represent you during an off-the-clock claim, if applicable. A lawyer can navigate your unique case to fight for fair compensation for all unpaid hours worked.
