📅 2026 Update: Recent Changes in Ohio Overtime Laws

Since the original article was published, there have been significant updates to overtime regulations that affect employees and employers in Ohio. Key changes include adjustments to salary thresholds and exemptions under the Fair Labor Standards Act (FLSA). This update will clarify these changes and how they relate to overtime laws.

📅 Changes to Salary Levels

In 2024, the U.S. Department of Labor proposed a rule to increase salary thresholds for exempt employees. However, this rule was vacated in November 2024, reverting to the previous 2019 salary level.

The current minimum salary level for exemption remains at $684 per week.

💼 Highly Compensated Employees

For highly compensated employees, the total annual compensation requirement is $107,432. This means that employees who earn above this amount may not qualify for overtime pay unless they meet other exemption criteria.

📜 Determining Exemption Status

Employers must assess whether employees meet the salary basis test, salary level test, and duties test to determine if they are exempt from overtime pay. This assessment is crucial for compliance with FLSA regulations.

📅 Future Updates

Looking ahead, the DOL plans to update salary thresholds every three years. The next update is set for July 1, 2027, which is expected to raise the minimum salary level to $844 per week. This change aims to keep pace with current earnings data.

📌 Key Points to Remember

  • 📅 The minimum salary for exemption remains at $684 per week.
  • 💼 Highly compensated employees must earn $107,432 annually.
  • 📜 Employers must assess exemption status based on specific criteria.
  • 🔄 Future salary threshold updates are planned every three years.

💡 Tips for Navigating Ohio Overtime Laws

Reviewing your specific situation with an attorney is essential for understanding your rights and obligations regarding overtime laws.

🛠️ Understand Your Status

Know whether you are classified as an exempt or non-exempt employee. Exempt employees do not receive overtime pay, while non-exempt employees must be compensated for hours worked over 40 in a week.

🧾 Keep Accurate Records

Employers are required to maintain accurate records of hours worked and wages paid. This is important for both compliance and resolving any disputes that may arise.

📅 Watch Out for State Variations

Be aware that Ohio may have state-specific overtime laws that provide additional protections beyond federal regulations. Consult Ohio's labor department for relevant details.

⚖️ Know Your Rights

If you believe you are owed overtime pay, you may file a complaint with the DOL. They enforce FLSA regulations and can investigate violations.

📅 Review Job Duties

The duties test is crucial in determining exemption status. Understanding your job responsibilities can help you know if you qualify for overtime pay.

❓ Frequently Asked Questions

❓ What is the current minimum salary for overtime exemption?

The current minimum salary for exemption under the FLSA is $684 per week as of November 15, 2024.

🕒 When will the next salary threshold update occur?

The next update is scheduled for July 1, 2027, when the DOL plans to raise the minimum salary level to $844 per week.

📋 How do I determine if I am exempt from overtime pay?

To determine exemption status, assess whether you meet the salary basis test, salary level test, and duties test under the FLSA.

💼 What should I do if I believe I am owed overtime pay?

You can file a complaint with the U.S. Department of Labor, which investigates violations of the FLSA.

📅 Are there any specific state overtime laws I should know about?

Yes, state laws may vary and can provide additional protections beyond federal standards. It is important to consult your state labor department for specific regulations.

📝 How can I keep track of my hours and wages?

Employers are required to maintain accurate records of hours worked and wages paid to employees. This is essential for compliance and dispute resolution.

⚖️ Recent Court Cases Related to Overtime Laws

Recent court rulings have impacted overtime laws, particularly regarding exemptions and salary levels. These rulings illustrate the evolving landscape of overtime regulations and how they affect both employees and employers.

For more details, you can browse more rulings on the news page.

End of October 2026 Update






Ohio Overtime Laws: A Comprehensive Guide

Overtime laws aim to ensure that employees in the state of Ohio are fairly compensated for their work, especially when they exceed the standard 40-hour workweek. These laws are designed to protect employees from being overworked without due compensation. This article aims to provide an in-depth discussion of the Ohio overtime laws, clarifying important points, providing updated information, and answering common questions.

Overview of Ohio Overtime Laws

Overtime wages in Ohio are required by both state and federal law. Non-exempt employees are entitled to overtime pay of time-and-a-half for any hours worked over 40 in a workweek, while exempt employees are not. Exemptions apply to certain types of employees and positions.

Ohio Overtime Laws

Ohio Overtime Law and the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that defines the rights and obligations of employees, employers, and the government regarding minimum wage, overtime pay, child labor laws, and other labor issues. The Ohio Minimum Fair Wage Standards Act (OMFWSA) also determines the minimum wage and overtime laws applicable to Ohio employees. Both the FLSA and the OMFWSA apply to most private and public employers in the state of Ohio, and they have similar provisions regarding overtime laws.

📝 See Also

Non-Exempt Employees

The majority of employees are non-exempt and are therefore entitled to overtime pay. The Ohio overtime laws require non-exempt employees to be paid an overtime rate of at least one and one-half times their regular rate. This means that employees are entitled to 1.5 times their regular pay for each hour worked in excess of 40 hours in a week.

Exempt Employees

Exempt employees, on the other hand, are not entitled to overtime pay and are paid on a salary basis. Exemption applies to certain types of employees, as established by FLSA and OMFWSA. These include executive, administrative, professional, and outside sales employees, among others.

Executive Exemption

To be exempt as an executive employee, an individual must meet all of the following criteria:

• The primary duty of the job must be managing the organization or a department.

• The individual must have the authority to hire or fire employees or make other personnel decisions.

• The individual must customarily and regularly direct the work of two or more employees.

Administrative Exemption

To meet the administrative exemption criteria, an individual must meet all of the following conditions:

• The primary duty must be the performance of non-manual or office work directly related to management or general business operations.

• The individual must exercise independent judgment and discretion on significant matters.

• The individual must be responsible for making decisions that affect the business as a whole.

Professional Exemption

The professional exemption applies to:

• Learned professionals, who must have an advanced degree beyond a college degree or have regular science, intellectual, or creative duties.

• Creative professionals, who must create, design, or develop original work for a recognized field, such as music, writing, graphic design, or software development.

Outside Sales Exemption

The outside sales exemption applies to individuals who customarily and regularly work away from their employer’s place of business and whose primary responsibility is to conduct sales outside the employer’s workplace.

Minimum Wage in Ohio

The current minimum wage in Ohio is $8.80 per hour for non-tipped employees and $4.40 for tipped employees. This represents an increase from $8.70 per hour and $4.35 per hour, respectively, in 2020. For employees under the age of 16, the minimum wage is $7.25 per hour. Employers are obligated to pay the higher of the state or federal minimum wage.

Overtime Rate in Ohio

The overtime rate in Ohio is 1.5 times the employee’s regular rate of pay. For instance, if an employee’s hourly rate is $20, the overtime rate is $30. The overtime rate applies to all hours worked in excess of 40 hours in a workweek.

Calculation of Overtime Pay

Employers must accurately compute the overtime pay of employees to avoid legal issues. The overtime pay is calculated as follows:

Regular rate of pay: This is the hourly rate, including bonuses, commission, and merit pay, divided by the total hours worked in a work week.

Overtime pay rate: This is one and one-half times the regular rate of pay.

Total overtime pay: This is the product of the overtime pay rate and the number of overtime hours worked.

For instance, if an employee works 45 hours in a workweek at an hourly rate of $20, the calculation is as follows:

Regular rate of pay: $20 x 45 = $900

Overtime pay rate: $20 x 1.5 = $30

Total overtime pay: $30 x 5 = $150

Therefore, the employee is entitled to a total of $1,050 at the end of the workweek, including the regular and overtime pay.

Compensation for Break Time

The law obligates employers to provide non-exempt employees short breaks throughout the workday, except that a lunch or meal period is not considered to be compensable work time if it lasts at least 30 minutes and the employee is fully relieved of work duties. Employees are entitled to 10 minutes of unpaid break time for every 4 hours worked. However, if the employer offers a break, the employee is paid for the break period.

Record Keeping Requirements

Employers must keep accurate and comprehensive records of each employee's hours worked, compensation, and other employment-related data. The law requires that employers maintain these records for at least three years. Failure to maintain such records could lead to hefty legal penalties against employers who fail to comply.

Penalties for Non-Compliance

The law requires employers to comply with federal and state overtime laws. Failure to comply with these laws could lead to significant legal and financial penalties against the employer, including:

• Paying back unpaid overtime wages and other damages for up to 2-3 years.

• Paying liquidated damages, which equals the amount of unpaid overtime.

• Being subject to criminal charges and jail time for willful violations.

Conclusion

In conclusion, Ohio overtime laws aim to protect employees from being overworked without appropriate compensation. Non-exempt employees, in particular, are entitled to overtime pay if they work more than 40 hours in a workweek. Exemptions from overtime pay laws apply to certain types of employees based on their job duties and responsibilities.

Employers must accurately calculate overtime pay and keep detailed records of employees’ hours worked, compensation, and other employment-related data. Failure to comply with these laws could lead to significant legal and financial penalties against the employer, including back pay, liquidated damages, and even criminal charges. With updated Ohio minimum wages and overtime rates, employees must ensure that their employers comply with the law and that they receive the fair compensation that they are entitled to.

Quick Guide to Ohio Overtime Laws

Ohio Overtime Laws and Procedure

You should always consider accessing the Ohio Revised Code for specific Ohio overtime laws.  Links to certain sections are provided farther below in this article.

One of the greatest resources on the internet that covers the broad categories of employment law is the following link.

If you need information about filing a wage claim because you believe your employer has violated your Ohio overtime laws, you should consider the following link.

If you believe you have worked more than 40 hours in one week or any Ohio overtime law in accordance to the “Fair Labor Standards Act of 1938” has been violated, you should consider a wage claim immediately.

According to Ohio overtime laws under the Commerce Bureau of Wage and Hour Administration, an employee can file a complaint upon the following conditions:

1. You were employed or are currently working on the project.

2. Any person under contract for public improvement.

3. Any person acting as a subcontractor for public improvement.

4. Any organization that is authorized to represent employees in the categories above for the negotiation of wages, hours, terms, or more.

5. Any association having members associated with the first two categories above.

In order to file a complaint for the violation of an Ohio overtime law, you’ll want to follow the steps provided by the CBWHA.  These steps include the following:

1. Download the form and print a copy.

2. Answer all of the questions on the form carefully and write legibly.  Sign, date, and notarize the form.

3. Provide the contractor’s name, business, address, county, and telephone number.

4. Provide any copies of financial documents you believe are important to proving an Ohio overtime law was violated.

5. Be sure your name, address, SSN, and telephone are correct and regularly updated.

Specific Ohio Overtime Laws

Ohio overtime law is located under section 4111.03 of Chapter 4111: Minimum Fair Wage Standards.  The Ohio overtime laws provided under this section address general employees and employees under the county.

Section (a) states how overtime is generally calculated under Ohio overtime law: “An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek…[and] under the exemptions of section 7 and section 13 of the “Fair Labor Standards Act of 1938…”

Other sections that address Ohio overtime laws are 4111.04 and 4111.08.  According to section 4111.04, the director of commerce is allowed to initiate an investigation and collect all necessary documents at any given time.  If the employer refuses, the director of commerce is allowed to issue a subpoena.

Section 4111.08 of Ohio overtime law states that an employer must keep all valuable information about wages and hours of employees for at least three years.  These documents can help the director of commerce investigate any suspected violations of Ohio overtime law.