Both federal and Ohio state laws are in place to protect employees with minimum wage standards. However, Ohio’s minimum wage regulations have some key differences compared to federal law. If you believe you are not being paid the correct minimum wage, it is important to understand your rights under Ohio law.
In the United States, the Fair Labor Standards Act (FLSA) sets the federal minimum wage. Ohio, in addition to statutory protections found in the Ohio Revised Code Chapter 4111, also has a constitutional amendment regarding minimum wage. In 2006, Ohio voters approved a minimum wage amendment to the Ohio Constitution, specifically Article II Section 34(a). This amendment mandates a minimum wage and requires it to increase annually with inflation.
As of January 1, 2023, the minimum wage in Ohio is $10.10 per hour for non-tipped employees at businesses with annual gross receipts of more than $372,000. For tipped employees at these larger businesses, the minimum wage is $5.05 per hour, plus tips.
For smaller employers in Ohio, those with annual gross receipts less than $372,000, the state minimum wage is tied to the federal minimum wage. The current federal minimum wage is $7.25 per hour. Therefore, employees working for these smaller businesses are entitled to at least $7.25 per hour.
It’s important to note that not all workers are covered by minimum wage laws. Both federal and Ohio laws include certain exemptions. In Ohio, the following categories of employees are exempt from minimum wage requirements:
- Individuals employed by the United States government.
- Babysitters and live-in caregivers.
- Outside sales employees compensated by commissions.
- Volunteers working for a public entity.
- Volunteers at hospitals or other healthcare facilities.
- Employees at non-profit youth camps.
- Employees in a family-owned and operated business who are directly related to the owners.
Overtime Pay Eligibility in Ohio
If you are eligible for minimum wage in Ohio, you are also generally entitled to overtime pay. Both the FLSA and Ohio law stipulate that employers must pay overtime at a rate of one and a half times your regular hourly rate for any hours worked over 40 in a workweek. This means that if you earn minimum wage, your overtime rate would be 1.5 times the applicable minimum wage for all hours exceeding 40 in a week.
However, similar to minimum wage, overtime pay regulations also have exemptions. Certain categories of employees are excluded from overtime pay requirements under both federal and Ohio law.
Seeking Legal Advice from an Ohio FLSA Attorney
Even if you are unsure whether state or federal wage laws apply to your specific situation, or if you believe your employer has failed to pay you correctly, you have options. There may be legal avenues available to Ohio employees who are not paid the wages they are owed, regardless of specific exemptions.
To fully understand your rights and the best course of action, consulting with an experienced FLSA attorney in Ohio is recommended. If you have questions or concerns about your wages or overtime pay, consider reaching out to Bolek Besser Glesius for a free consultation to discuss your situation and explore your legal options.
