Cleveland is a city with a lot going on. It sits on the southern shore of Lake Erie, and it’s across the lake from Canada. The city is home to over 365,000 people, and the larger metro area has more than two million.
Cleveland was founded in 1796 near the mouth of the Cuyahoga River by General Moses Cleaveland. Today, Cleveland has everything from major hospitals to universities, professional sports teams, and big companies. But no matter what industry you work in: hospitality, retail, healthcare, or manufacturing, the rules about overtime apply to you.
If you find yourself in this situation where your employer refuses to pay you overtime, it’s important to know your rights. A Cleveland wage and hour attorney can help you understand what the law says, what steps you can take, and how to get your money.
When You’re Entitled to Overtime Pay
Here’s the simple rule: if you work more than 40 hours a week, your employer should pay you extra. That extra is called overtime, and it’s 1.5 times your normal hourly wage.
- It doesn’t matter if you’re hourly or salaried in most cases.
- It doesn’t matter what your job title is. Your duties matter more than your label.
- There are exceptions, like managers who make hiring or firing decisions, doctors, lawyers, outside salespeople, or certain administrative jobs, but most people still qualify.
In Cleveland, Ohio, state law lines up with federal law. That means both the Ohio Minimum Fair Wage Standards Act and the Fair Labor Standards Act (FLSA) require overtime pay for eligible employees.
Only very small businesses, those making less than $150,000 a year, might not be required to pay under state law, but federal law can still apply.
Common Ways Employers Avoid Paying Overtime
Some employers don’t follow the rules. Sometimes it’s deliberate. Sometimes it’s careless. Either way, you can’t let it slide.
- Misclassification: They might call you exempt even though your work doesn’t meet the exemption rules.
- Off-the-clock work: They may make you work before clocking in or after clocking out.
- Excluding bonuses or commissions: Overtime pay should be calculated on your total earnings, including bonuses and commissions. If they leave that out, you’re owed more money.
Steps to Take If You Are Not Paid for Overtime
If you’ve been underpaid, don’t panic, but don’t ignore it either. You have options.
- Keep detailed records: Write down your hours, the days you worked extra, breaks, and any emails or messages about overtime. This is your evidence.
- Talk to your manager or HR: Sometimes it’s a mistake. Just go to your manager or HR and show them your records. Then ask for your pay.
- File a complaint with the state or federal agency: There are the agencies that handle these issues:
- Ohio Department of Commerce
- S. Department of Labor (DOL)
Both can investigate and help recover your unpaid wages. Filing is free, by the way.
- Contact an attorney: You should contact an employment lawyer who can take on the case for you. You might not even have to go to court if you have a lawyer; just having one alone shows your employer that you’re serious about getting your money. If that fails, your lawyer can advise you on the next best steps to take.
Key Takeaways
- If you work over 40 hours a week, the law says that you should get 1.5 times your normal pay.
- Keep track of every hour you work.
- Talk to your manager first because there’s a chance it might be a mistake.
- If your employer refuses to pay, file a complaint with the Ohio Department of Commerce or the U.S. Department of Labor.