What is Unpaid Overtime?

In Ohio, and throughout the United States, with only some exceptions, overtime, or “time and a half,” must be paid to employees who work more than 40 hours a week. According to the Department of Labor, more than 130 million American workers are entitled to overtime pay under the laws of the Fair Labor Standards Act (“FLSA”).

 

An employee can be covered by the FLSA through “enterprise coverage” or “individual coverage.” Most employees qualify for “individual coverage” as long as the work of the individual or the “work” of the organization regularly involves commerce between states, or handling, selling or otherwise working on goods or materials that have been moved in or produced by such commerce. This is known as “interstate commerce” and it affects nearly every business in the United States.

 

The FLSA also covers certain businesses or enterprises. This is known as “enterprise coverage.” To be covered under FLSA, the business or enterprise must: (a) be government agency or a hospital or other business that provides medical or nursing care; (b) have at least two employees; (c) have an annual sales volume of at least $500,000. Typically, every government agency and healthcare institution is covered by the FLSA.

 

Many employees operate under a misperception that they are not entitled to overtime. The following may be entitled to overtime:

• A salaried employee;

• An employee with the title “supervisor”;

• An employee who is required to dress in protective equipment at work before being permitted to clock in;

• An employee who must travel on the weekends;

• An employee who is required to answer emails at night;

• An employee who works more than 40 hours whose overtime was not preapproved;

• An employee whose lunch and break time is automatically deducted from his/her paycheck;

• An employee who is required to remain “on call;”

• Assistant Managers;

• Employees who drive to a separate worksite;

• Employees who are required to “wait” before being assigned work; and,

• Telecommuters; These are just a sampling of the many examples of employees who may be entitled to overtime pay.

 

The Law Firm of David A. Young, LLC represents employees in unpaid overtime cases. Attorney David Young has been certified by the Ohio State Bar Association as a Specialist in the area of Labor and Employment Law. Attorney Young has also been recognized as a Super Lawyer in the State of Ohio for the years 2009 through 2013.