Legal Question in Employment Law in Ohio

Re: Changed from hourly wage to salary without consent

The issues is not as much as whether notification was required (unless you are a party to a collective bargaining agreement or employment contract), but whether the employer is violating the laws governing overtime pay. In turn, under federal law, the Fair Labor Standards Act (�FLSA�) (Ohio has adopted the provisions of the FLSA), the answer depends on whether the law applies to your employer and whether you are exempt or non-exempt. Under the FLSA, non-exempt employees, but not exempt employees, must be paid overtime. Whether an employer is governed by the FSLA and whether an employee is exempt or non-exempt generally depend on, among other things, the following factors: (1) the type of business of the employer and whether the employer has annual receipts/sales of $500,000 or more; (2) the type of position you hold and your job duties and responsibilities; and (3) the amount of your salary and/or hourly wage.

In most cases, with few exceptions, an employee who is paid hourly rather than salary will be non-exempt and thus, must be paid over time. On the other hand, being paid salary does not necessarily exempt an employee from the FSLA overtime provisions. While it is very likely that you are entitled to overtime pay for overtime hours worked when paid on an hourly basis (and possibly even while paid on a salary basis), it depends on the variables identified above. Feel free to provide this additional information in a new post or email me directly at [email protected].