Hourly, non-exempt employees are entitled to one and one-half times their regular rate of pay for overtime hours worked each workweek.
In general, an employee who works over 40 hours in a workweek is entitled to overtime pay subject to exemptions. If your employer claims you are “exempt” from the Fair Labor Standards Act (“FLSA”), your employer has the burden of proving that you meet the criteria of one of the exemptions. If you are “non-exempt” under the FLSA, then you are legally entitled to receive overtime compensation.
What are some of the most common exemptions under the FLSA?
- The Executive exemption. Executive employees must: (a) be paid a salary of at least $455 per week; (b) have the primary duty of managing the business or a department/subdivision of the business; (c) customarily and regularly direct the work of at least two or more full-time employees; and (d) have authority to hire or fire other employees, or their suggestions must be given particular weight.
- The Administrative exemption. Administrative employees must: (a) be paid a salary or fee of not less than $455 per week; (b) primary duty must be the performance of office or non-manual work directly related to the management or general business operations of business or its customers; and (c) primary duty must include the exercise of discretion and independent judgment with respect to matters of significance.
- The Professional exemption. Learned Professional employees must: (a) be paid a salary or fee of not less than $455 per week; (b) primary duty must be performance of work requiring advanced knowledge; (c) advanced knowledge must be in the field of science or learning; and (d) advanced knowledge must be customarily required by a prolonged course of specialized intellectual instruction.
i. Creative Professional employees must: (a) be paid a salary or fee of not less than $455 per week; and (b) primary duty must be performance of work requiring invention, imagination, originality or talent.
- The Outside Sales exemption. Outside Sales employees must: (a) have primary duty of making sales or obtaining orders or contracts for which consideration will be paid by the customer; and (b) customarily and regularly engaged away from the employer’s place or places of business.
- The Highly Compensated Employee exemption. Highly compensated employees must perform office or non-manual work and be paid a total annual compensation of $100,000 or more (with a salary or fee of at least $455 per week) and customarily and regularly perform at least one of the duties of an exempt executive, administrative, or professional employee.
- The Motor Carrier Exemption. Details on the motor carrier exemption can be found here: https://www.dol.gov/whd/regs/compliance/whdfs19.pdf
The list above is only some of the more common exemptions we run into when representing employees with claims of misclassification. Keep in mind that although employers may tell an employee that they are exempt or non-exempt, many employers misclassify employees to avoid paying overtime that the employee is otherwise entitled to receive. Consequently, it is important for employees who are working overtime to have an experience overtime lawyer review the facts and circumstances surrounding their employment to determine if they may have a claim for unpaid overtime.
Contact our Overtime Lawyer for Experienced Representation.
Our firm regularly handles unpaid overtime cases on an individual (one employee asserting a claim for only themselves) or collective/class basis. Employees who are not paid overtime may receive their unpaid overtime, an equal amount in liquidated damages, and attorney’s fees, costs, and expenses if they are successful in their claim. We represent employees throughout Ohio with claims of unpaid overtime compensation and we will work tirelessly on your behalf to recover the unpaid overtime pay you are owed. Our Columbus Ohio Overtime Lawyer is here to offer a FREE consultation and discuss your rights to recovery by contacting 1-614-949-1181.