If you’re looking for an Ohio employment attorney, you have probably heard about the state’s employment laws and regulations. In this article, we’ll discuss some of the most important laws governing your company. We’ll also discuss the various exemptions from these laws, as well as the minimum wage required for nonexempt employees. Lastly, we’ll cover the laws regarding discrimination in the workplace and family and medical leave.
Exemptions from Ohio employee laws
When it comes to overtime pay, not every Ohio worker is protected by state or federal laws. Generally, the laws recognize several categories of exempt employees. But some employers play fast and loose with this classification, treating workers as exempt when they do not qualify. In other cases, the employers do not fully understand the overtime requirements and use their discretion to create exceptions. Regardless of the reason, it is important to learn about the exemptions for each category.
One of the most common exemptions is for highly compensated employees. To qualify, an employee must make more than $100,000 a year. In 2016, the regulations increased this exemption to $134,004. Before the change, an employee could still qualify for overtime, even if they only spent 20 percent of his or her time selling or on non-exempt tasks. This exemption will be based on an individual’s compensation and will be adjusted every three years.
The minimum wage for non-exempt employees
In Ohio, employers must pay their non-exempt employees the minimum wage for their position. Overtime pay is mandatory for nonexempt employees who work more than forty hours a week. Even though the law in Ohio does not require employers to pay their non-exempt employees a salary, they must pay them an hourly rate equal to the minimum wage. Overtime pay is calculated by dividing their salary by the number of hours they work each week.
The Ohio minimum wage law does not apply to owner-operator motor carriers or certain non-exempt employees. However, certain industries are exempt. Drivers, babysitters, and live-in caregivers are exempt. However, these individuals cannot receive compensation for housekeeping unless it is their primary duty. Volunteers working for public agencies, hospitals, and food banks also qualify for minimum wage exemption. Requirements vary depending on the position, but generally, volunteers are exempt from paying the minimum wage. The only exceptions are those who are exempt from state child labor laws.
Family and medical leave
If you are eligible to take FMLA leave, you have certain rights. This law requires that employers provide up to 12 weeks of unpaid leave for a serious health issue. This includes bonding with a new child and preparing for the military service of a family member. FMLA leaves are available to employees who have worked for an employer for 20 weeks or more in the current year and live within a 75-mile radius. If you are an employee in Ohio and feel you are being discriminated against because of your illness or disability, contact a Columbus FMLA attorney today.
Under Ohio employee laws, a family member is a parent, child, or spouse. This includes biological children, stepchildren, foster care children, and legal wards of the state. It also applies to adopted children and children in foster care. To qualify for FMLA, the child must be able to care for themselves and not need the employee’s assistance. If an employee is unable to take unpaid leave, they must use their compensatory time to provide care for the child.
Discrimination in the workplace
Despite the many protections under the Ohio employee laws against discrimination, employers are still liable for the actions of their employees. Although Ohio’s tort reform act limits individual liability to $250,000, or three times the economic loss of a plaintiff, employers are still liable for acts that cause a person to suffer harm or lose their job. Similarly, the state limits punitive damages to $500,000 per occurrence.
The new Ohio employee laws provide that employees may file charges of discrimination with the OCRC, or pursue a lawsuit to gain access to legal remedies. However, employees must exhaust administrative remedies before filing a civil action. Moreover, filing an administrative charge does not prevent the employee from pursuing a civil lawsuit later. Generally, a person has two years from the date of the alleged discriminatory act to file the complaint.
Protections for exempt employees
If you’re wondering if you’re an “exempt employee,” you should know that you have several rights under Ohio and federal employment laws. Many employees’ rights are violated when their employer incorrectly classifies them as exempt. Even though they’re not exempt from many FLSA requirements, they don’t always receive all the benefits. For example, some employees are exempt from overtime and minimum wage requirements. However, many of these employees are salaried employees, which could leave them unpaid.
Overtime pay laws protect hourly workers from exploitation and discrimination, but not every hourly worker in Ohio is protected by the law. The federal and state government have defined certain categories of employees who are exempt from overtime pay requirements. While most people are protected from being exploited or overworked because of their hours, employers sometimes play fast and loose with the law and treat their employees as exempt when they are not. In other cases, an employer may not even understand the law’s overtime pay requirements, allowing an employee to be treated differently than another employee.