Can an Employer Force You to Work Overtime in Ohio?

As an employee, there may be times when your employer will require you to work mandatory or completely unscheduled overtime. This may leave you with questions about the legality of forcing employees to work overtime – especially when it feels extremely inconvenient and time-consuming.

Below, our Columbus Ohio overtime law attorneys answer several questions related to mandatory overtime in Ohio and what these laws mean for you as an employee.

Is It Illegal to Force Someone to Work Overtime Under Ohio Overtime Pay Laws?

It is not illegal to require employees to work overtime.  As per federal and state law, employers are able to require employees to work mandatory overtime.

But the same laws that allow employers to require overtime also require them to pay their employees at least 1 and a half times their wage rate for “hours worked in excess of forty hours in one workweek”, as defined in Section 4111.03 of the Ohio Revised Code.

Can You Be Forced to Work Overtime in Ohio?

Can an employer force you to work overtime? The answer is yes.

As mentioned above, employers are legally allowed to require overtime. But they are also required to provide you with overtime pay for any overtime that you do work.

There are some exemptions to the requirement of overtime pay, however, such as employers who take in under $150,000 annually in gross revenue and certain categories of employees like:

• Babysitters
• Federal employees (i.e., U.S. government employees)
• Live-in companions that care for the sick or elderly
• Newspaper delivery persons
• Students who work for the government, either part-time or on a seasonal basis

Note: This is not an exhaustive list.

The FLSA also has its own overtime exemptions for outside sales, professional, computer, and administrative employees. If you have questions about whether you are exempt from overtime under Ohio overtime pay laws, contact our Ohio overtime lawyers.

Is Overtime Pay Protected by the FLSA?

Overtime pay is a provision under the Fair Labor Standards Act (FLSA) at the federal level that requires employees (unless they are exempt) to receive overtime pay for any hours worked over the standard 40-hour workweek.

The FLSA overtime pay provisions can be a bit complex, but they offer employees a number of protections in relation to overtime and list out the requirements for overtime pay.

Some of those requirements include:

• Employees must receive overtime pay for hours “worked in excess of 40 in a workweek”
• Overtime pay must be “computed on the basis of the average hourly rate derived from” an employee’s earnings
• The FLSA will be applied on a workweek basis and hours cannot be averaged over two or more weeks

The FLSA also details who is exempt and non-exempt.

If you are dealing with unpaid overtime, reach out to the Columbus overtime attorneys at Coffman Legal, LLC. We can apply multi-factor tests to your job to determine if you are actually exempt from overtime or if you are being denied overtime unfairly.

Can I Refuse to Work Overtime Under Ohio Overtime Laws?

You do have the right to refuse to work overtime. This does not mean that you may not face disciplinary action though, as your employer does have the right to require overtime.

If working overtime is a concern for you as you start a new job, consider trying to negotiate for overtime provisions to be added to your employment contract. This is something that our Columbus Ohio overtime lawyers can assist with and give you guidance on.

How Do I Refuse to Work Overtime?

Negotiating mandatory overtime can be challenging. If you’re wondering about your rights under Ohio overtime laws, it’s essential to approach the situation thoughtfully and professionally. Read on to explore some strategies to guide you.

Review Company Policies Before Refusing Overtime

Before declining overtime, review your employer’s policies regarding mandatory overtime. Under Ohio overtime pay laws, some employers may have the right to require extra hours, while others must adhere to specific regulations. Check documentation like your employee handbook or any employment contracts to see if there are any specific and relevant guidelines.

Tips for Communicating with Your Supervisor About Overtime

Keep your conversation professional and productive by following these tips:

• Choose the right time
• Be honest
• Acknowledge business needs

• Don’t overshare
• Stay calm
• Offer solutions

Negotiation Strategies for Avoiding Mandatory Overtime

If you want to minimize overtime obligations, consider these negotiation strategies:

• If your overtime is due to high workload, talk to your employer about redistributing responsibilities
• If you frequently have overtime requests, propose a written agreement that sets clear expectations for when overtime is required
• If you have personal commitments, discuss the possibility of adjusting your current schedule to avoid conflicts with overtime

Language example: “I understand that additional coverage is needed, and I want to support the team. However, I have commitments outside of work that prevent me from taking on overtime. Is there a way we can explore alternative solutions, such as adjusting my regular schedule to better accommodate workload demands?”

Can You Get Fired for Refusing to Work Overtime in Ohio?

In Ohio, and in many other states, employment is “at will.” This essentially means that either you as the employee or your employer are able to terminate your employment at any time, for any reason.

So yes, you can be fired for refusing to work overtime in Ohio.

Since employers are able to require overtime under Ohio overtime pay laws, a refusal to work overtime can be a legally justifiable reason to fire an employee. This is allowed as long as there are no illegal reasons for termination such as discrimination based on race, gender, disability, and other protected characteristics, retaliation, and additional protected elements. Contact our Ohio overtime lawyers if you believe that you might have experienced retaliation.

Facing Overtime Issues? Our Columbus, Ohio Overtime Pay Laws Attorneys Can Help

Here at Coffman Legal, LLC, our team of experienced Columbus overtime attorneys is here to help you handle any issues related to overtime – such as unpaid overtime – and further understand your rights in relation to overtime as an employee.

When you choose our team of attorneys, who are well-experienced in Ohio overtime laws, you will benefit from:

• Strategic legal advocacy – We take a thorough approach to fighting for your rights, ensuring you receive the compensation you deserve
• Client-focused representation – Our attorneys prioritize your goals, working diligently to resolve disputes while focusing on your best interests
• Experience throughout Ohio – We have successfully handled a wide range of employment disputes for clients throughout Ohio
• Strong support for individual and group cases – We have experience in working with individual clients and filing collective action lawsuits against employers in relation to unpaid overtime

Contact Coffman Legal Today

You can schedule a free consultation with our Ohio overtime lawyers today online or over the phone at 614-949-1181. We look forward to speaking with you.