When Your Employer is Not Paying Overtime That They Owe You
The topic of overtime can be a confusing subject. What exactly constitutes overtime and how is it calculated? Are certain employees exempt from overtime? Are you eligible to receive it? Also – what should you do if your employer is not paying overtime that they owe you?
Many employers confuse overtime rules as well, but if they have eligible employees, they must understand the rules and pay the right amount or else become subject to a wage and hour lawsuit. A judgment could force them to pay the employee for owed pay and face hefty fines.
Laws require overtime pay for eligible employees who work more than 40 hours in a seven-day period. Rules calculate overtime pay at 1.5 times an employee’s regular pay rate. So, an employee making $12 an hour would receive $18 an hour for hours worked in excess of 40. There is no limit to how many hours an employee can work.
The keyword here is “eligible.” Not every employee qualifies for overtime. Before you file a claim for nonpayment of overtime, your first step is to determine your eligibility.
Overtime Eligibility
In order to be eligible, the Fair Labor Standards Act (FLSA) must cover the employer. An employee can be covered by enterprise or individual coverage. Enterprise coverage applies to businesses that are schools, hospitals, and government agencies, or those that earn more than $500,000 per year. A person who is not covered by their company can become covered if they work in interstate commerce. This includes workers who produce goods that go to other states or travel outside of their state.
When it comes to overtime pay, there are two classifications of employees: exempt and nonexempt. A nonexempt employee earns pay on an hourly basis and is eligible to receive overtime pay. An exempt employee is typically paid a salary and therefore does not qualify. Professional and executive employees fall under this category, as do independent workers, volunteers, outside salespeople, seasonal workers, seamen and those who work on small farms. However, some salaried workers are eligible for overtime. See our violations page for complete rules.
Has Your Employer Violated Overtime Laws?
If you believe your employer is in violation of overtime laws, you can file a complaint with the Ohio Department of Commerce. The Bureau of Wage and Hour Administration can investigate claims relating to unpaid overtime. The department, however, will not act as your attorney, so if you want to file a lawsuit against your employer, that will need to be a separate action. You cannot file a claim through the Ohio Department of Commerce and file a lawsuit through an attorney simultaneously, though.
To file a claim with the Ohio Department of Commerce, you will need to fill out the form found here. You will need to provide information about yourself and your employer. You will also need to provide details about your wages, such as your pay structure, how often you’re paid, and how much the employer owes you.
Include any additional information that will help your case, such as copies of timecards and pay stubs. Be sure to sign and notarize the form before mailing it in. Make sure to fill out the form completely or else you’ll receive it back. This will cause delays in getting the payments owed.
If you have a valid claim, the Ohio Department of Commerce will help you obtain the pay your employer owes you. However, you are an exempt employee and not entitled to overtime pay, they will reject your claim.
If the Ohio Department of Commerce has denied your claim or you wish to pursue legal action, an employment attorney can help. There are many complicated laws that apply, and an attorney can help clarify things. Your attorney may even find that you’re a misclassified worker, proving that your employer owes you significant back wages.
Contact Our Ohio Employment Law Attorneys Today
Many employers try to save money by refusing to pay overtime. This negatively affects hard-working employees, who need to be aware of their rights when it comes to fair pay.
If your employer has not paid you for overtime, make sure you receive the pay you deserve. The Ohio employment law attorneys at Tittle & Perlmuter can help. We understand the law and will fight for your rights. To schedule a free case evaluation, call us today at (216) 532-3482 or fill out our online contact form.