Unpaid Overtime Attorney
You deserve to be paid more for extra hours
Ohio has clear – and strict – laws when it comes to overtime pay. If you work extra hours, you deserve to be paid extra under Ohio’s wage and hour rules. Unfortunately, some companies don’t follow these rules or regulations. When they do, it’s important for workers to take strong, immediate legal action to get the money they rightfully deserve.
Our dedicated legal team at Gibson Law, LLC can help you every step of the way. We know how to handle complex wage and hour claims based on years of experience. As a result, we have an in-depth understanding of Ohio’s labor laws and how the state’s legal system works when it comes to such cases.
We also bring a unique perspective to unpaid overtime claims. Previously, attorneys Bradley L. Gibson and Angela J. Gibson represented employers in wage and hour claim cases. Based on such work, we know how companies think and what strategies often work best. Now, we put such knowledge to work for employees just like you.
Can my employer refuse to pay overtime?
No. Ohio’s overtime laws are clear. Unless your job is exempt from overtime (for example, if you are a salaried employee and perform certain duties), hourly workers who work more than 40 hours in a single, 7-day week are entitled to overtime pay.
If your employer does not pay overtime – meaning pay you 1.5 times your regular rate of pay – that violates Ohio’s overtime laws. Some employers try to get around this law by claiming that certain employees are salaried or exempt in some other way from overtime pay.
If you believe you are entitled to overtime pay, don’t take your employer’s word for it. Talk to an attorney who understands the law and can review the details of your case. You should be paid time-and-a-half if you are entitled to overtime pay.
What are Ohio’s overtime laws?
The Ohio Minimum Fair Wage Standards Act has strict rules governing overtime pay. Ohio’s most recent overtime regulations went into effect on Jan. 1, 2020. These laws clearly state who is entitled to overtime and who is exempt. In general, employees in administrative or management positions are the only ones exempt from overtime pay. However, salaried employees must be paid a guaranteed minimum salary each week to be exempt. The current minimum amount is $684 per week or $35,568 per year.
In addition, even if employees are paid every two weeks, the state’s overtime laws must be calculated on a weekly basis. For example, an employer cannot ask an hourly employee to work 5 hours extra one week and then work 5 hours less the next week to avoid paying the employee overtime pay. If an hourly employee works more than 40 hours in a single week, they are entitled to be paid 1.5 times their regular rate of pay, according to Ohio’s overtime laws.
Can I sue my employer for unpaid overtime?
Yes, you have the right to file a lawsuit against your employer if you qualify for overtime and you have not been paid overtime. However, it’s important to take such legal action right away for several reasons. First, you deserve to be paid extra for the extra hours you worked. In addition, you only have two years from when you were not paid overtime to file a formal complaint or lawsuit. This is due to Ohio’s statute of limitations for taking such legal action.
But just because you deserve to be paid overtime, don’t expect your legal case to be simple or straightforward. In many cases, many employers who refuse to pay overtime hire attorneys to defend their actions. That’s why it’s critical that you have a lawyer on your side, making your case and demanding the compensation you deserve. Your attorney can thoroughly investigate your overtime claim, including reviewing your pay stubs, timesheets and other written documentation.
Get the law firm that gets results. Contact us
We understand how frustrated and upset you must be. You agreed to work extra hours at work for extra pay. Now, you’re being paid the same hourly rate or not being paid at all for your overtime hours.
Put your trust in an Ohio law firm that puts your needs first. Contact us and schedule a consultation with a member of our legal team. Our offices are located in Cincinnati and Dayton. We’re here for you when you need us most.