Overtime - Ohio

Summary of differences between federal and state regulations

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Ohio employees will be paid one and one-half times their regular rate of pay for time worked in excess of 40 hours per week.

On July 6, 2022, revisions to the state’s overtime law go into effect. Under Senate Bill 47, employers do not need to pay overtime for time workers spend traveling to and from a worksite or for the performance of certain routine tasks. It prohibits opt-out class actions for overtime violations.

As under the federal overtime law, an employer is not required to pay the overtime wage rate to an employee for any time that the employee spends performing any of the following activities:

• Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;
• Activities that are preliminary to or postliminary to the principal activity or activities;
• Activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours.

State

Contact

Ohio Department of Commerce, Division of Labor and Worker Safety, Wage and Hour Bureau

Regulations

Ohio Revised Code - Title XLI Labor and Industry, Chapter 4111 Minimum Fair Wage Standards §4111.03. Overtime.

Federal

Contact

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

Regulations

U.S. labor regulations for hours worked can be found in CFR 29 Part 785.