Exemptions: Overtime & minimum wage - Ohio

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The following individuals are exempt from Ohio's minimum wage provisions: federal workers, in-home babysitters, newspaper carriers, outside commissioned sales people, individuals in an executive, administrative or professional position, agricultural workers, employees of  police and fire agencies, employees of the state legislature.

Agricultural workers are exempt from the Ohio overtime provisions.

State

Contact

Ohio Department of Commerce Division of Labor and Worker Safety

Regulations

Ohio Revised Code - Labor and Industry – Title XLI

Chapter 4111 Minimum Fair Wage Standards

§4111.03 Overtime

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees