Is overtime pay the law?

[bblagg60]

What is the name of your state?OHIO~If I work more than 8 hrs per day or more than 40 hrs per week,am I entitled to overtime pay or can this vary by company?I also work holidays ,putting me over 40 hrs per week with no OT or holiday pay.Please advise,I am in Muskingum county in the state of Ohio.Thank you for your time.

 

[cbg]

You are NOT entitled to overtime if you work over 8 hours in a day. While that is the law in a few states it is not Federal law and it is not the law in Ohio.

You ARE entitled to overtime if you work more than 40 hours in a week. That is mandatory under both Federal and state law.

Nothing in either Federal or Ohio law requires that an employer pay a premium rate for working on holidays. Nothing in either Federal or Ohio law requires an employer to provide paid holidays.

If you WORKED over 40 hours in a holiday week you are entitled to overtime, but because you worked over 40 hours in a week, not because of anything to do with the holiday.

If, on the other hand, you had the holiday off (with pay) and worked (as an example) 35 hours over the rest of the week, you are only entitled to be paid for 43 hours at straight time, not at overtime rates. You only get overtime when you WORK more than 40 hours in the week. If you are getting paid for time you did not actually work (holidays, sick time, vacation, personal time) the employer is not obligated to consider that as time WORKED for purposes of overtime.

In other words, you get paid OT based on how many hours you WORKED, not on how many hours you got paid for.

 

[Beth3]

Under federal law, non-exempt (hourly paid) employees must be paid time and a-half for all hours WORKED over 40 in each 7-day payroll period. (There are a few, very specifically defined exceptions to this - more like variations, actually - for certain occupations. Unless you're in the medical field, agriculture, or are a long-haul truck driver, this wouldn't apply to you.)

California is the only State I know of that requires OT be paid for hours worked over 8/day. Federal and all other States (as far as I know) require OT to be calculated on a weekly basis, not daily.

 

[cbg]

The states of Alaska and Nevada also calculate overtime on a daily basis. The state of Alabama calculates OT on a daily basis for state law enforcement officers only. Wisconsin health care facilities can have an 80 per 14 workdays/8 per workday agreement. All other states calculate OT on a weekly basis.

 

[The Good Son]

Advice here is very situation-specific

I work in the wage/salary field. A company is required to pay you at 1 1/2 times your regular wage of pay for hours worked over 40 hours in a week (federal law) or over 8 hours in a day (some state exceptions require this as others have pointed out).

Employers are allowed EXEMPTIONS from the federal law depending on the nature and level of the work you do. Generally speaking, if you manage others, make important decisions, use discretion and judgment, then you are probably EXEMPT from the federal and state overtime laws -- too bad. Good news is, you are probably in the sort of work that pays pretty well though, even if you are overworked!