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FAIR LABOR STANDARDS ACT - FLSA OHIO
WHAT ARE THE FLSA LAWS IN OHIO AND WHEN DO YOU NEED TO CONTACT
AN FLSA LAWYER?
Your Columbus, Ohio overtime attorneys represent employees throughout Ohio in
claims for unpaid wages. We have recovered millions of dollars for our clients related
to wage and hour violations, and our Ohio Employment lawyers can evaluate your
case today. Reach out to us to schedule an employment law free consultation.
The Fair Labor Standards Act (“FLSA”) generally requires employers to pay their
employees no less than the federal minimum wage of $7.25 per hour for each hour
worked. The FLSA also requires that employees be paid overtime, at time-and-one-
half their regular hourly rate, for hours worked in excess of 40 per workweek.
However, the rules and regulations regarding overtime pay are very complex, and not
all employees are entitled to overtime. Moreover, even if you are entitled to overtime,
the manner in which you are paid can also affect how your overtime rate is
calculated.
WHEN AM I ENTITLED TO OVERTIME PAY IN OHIO?
Some employees are considered “exempt” from the minimum wage and overtime
requirements of the FLSA. This means, among other things, that you are not entitled
to overtime pay. You fall into this “exempt” category if you are employed in a bona
□de executive, administrative, professional, or outside sales role. You also fall into
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this category if you are a “highly compensated employee,” de□ned as someone who
makes more than $107,432.00 per year on a salary basis, and you perform at least
one of the duties of a bona □de executive, administrative, or professional exemption
employee.
However, your job title alone does not determine whether you are exempt from
overtime pay requirements. Your employer must prove your position meets certain
requirements regarding your pay structure (the “salary basis test”) and your job duties
(the “duties test”) in order to avoid paying you overtime. If your position cannot meet
any part of the either test, then you are not an exempt employee, and you may be
owed wages. The salary basis test and duties test for executive, administrative,
professional, and outside sales employees are explained below.
THE SALARY BASIS TEST
To meet the Salary Basis test, you must be paid on a salary basis of no less than
$684.00 per week (or $35,568.00 annually). This means you must receive the same,
predetermined amount each pay period, regardless of how many hours you actually
work. The salary basis requirement recently increased from $455.00 per week,
meaning thousands of employees who were previously not entitled to overtime now
must receive overtime pay. Reach out to us to make sure your employer’s pay
practices are up to date with the current laws.
THE DUTIES TEST
To meet the Duties Test, your position must meet the requirements of one of the
following executive, administrative, professional, or outside sales roles:
THE EXECUTIVE EXEMPTION
You meet the requirements for the executive exemption if all of the following are true:
1. You meet the above Salary Basis test;
2. Your primary job duty involves managing the company or department within
the company;
You customarily and regularly supervise at least two full-time employees or
their equivalent; and
3. You have authority to hire and □re employees, and/or your suggestions as to
hiring and □ring are given particular weight.
THE ADMINISTRATIVE EXEMPTION
You meet the requirements for the administrative exemption if all the following are
true:
1. You meet the above Salary Basis test;
2. Your primary job duty involves performing o□ce or non-manual work directly
related to the management or general business operations of your employer;
and
3. Your primary job duty requires that you exercise discretion and independent
judgment on matters of signi□cance.
THE PROFESSIONAL EXEMPTION
The professional exemption is broken into two categories; learned professionals, and
creative professionals. You meet the requirements of these exemptions if:
LEARNED PROFESSIONAL
1. You meet the above Salary Basis test;
2. Your primary job duty involves performing work requiring advanced knowledge
that is predominantly intellectual, and requires that you consistently exercise
discretion and independent judgment;
3. Your advanced knowledge is in a □eld of science or learning; and
4. Your advance knowledge was acquired by a prolonged course of specialized
intellectual instruction (i.e. a special academic degree).
CREATIVE PROFESSIONAL
1. You meet the above Salary Basis test;
2. Your primary job duty involves performing work requiring imagination,
invention,originality, or talent in an artistic or creative □eld, such as music, art,
drama, or literature.
THE OUTSIDE SALES EXEMPTION
The outside sales exemption, unlike the other exemptions, does NOT require that you
meet the Salary Basis test. You meet the requirements of the outside sales
exemption if:
1. Your primary duty involves making sales, □lling orders or creating contracts for
services or use of facilities paid for by the customer; and
2. You regularly perform your work away from your employer’s place of business.
Certain computer programming and engineering employees are also exempt from the
FLSA’s overtime requirements, but these situations are very fact-speci□c and highly
dependent upon the type of computer-based work you perform.
HOW IS OVERTIME CALCULATED IN OHIO?
If your position does not fall under any of the above exemptions, then you are entitled
to overtime pay for your hours worked in excess of 40 per workweek. Generally, your
overtime rate is calculated at time-and-one-half your regular hourly rate of pay. For
example, if your regular hourly rate is $15.00 per hour, your overtime rate is $22.50
($15.00 + $7.50).
However, if you receive commissions, bonuses, or if your hours of work are subject to
a shift differential, these payments can also affect the overtime rate you should be
paid. Commission payments and shift differentials must be included in the
calculation of your overtime rate. Bonuses should also be included in the calculation
of your overtime rate, but only if the bonus is non-discretionary. A bonus is non-
discretionary if your employer cannot decide on whether to make the payment or how
much it will pay. These types of bonuses are usually agreed to in advance, such as
attendance or sales target bonuses. For more information on how to calculate your
overtime rate with commissions, bonuses, or shift differentials, check out
our overtime calculation blog post.

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For more information on the FLSA, visit our Employment Law Blog or reach out to
your Ohio overtime attorney today for free consult. We will evaluate whether you are
owed wages and assist you with enforcing your rights under the FLSA and Ohio law.
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