Not Getting Paid for All the Hours You Work?

 Is your employer not paying you properly or not tracking your work hours?  Are you required to work ‘off the clock?’

The Fair Labor Standards Act (FLSA) sets the minimum wage, overtime pay, and recordkeeping standards.  FLSA standards apply to employees in the private sector and in Federal, State, and local governments.  Most employees are covered; independent contractors and highly paid managers are not.  More than 130 million American workers are protected (or "covered") by the FLSA, which is enforced by the Wage and Hour Division of the U.S. Department of Labor.

At this time, Ohio has a minimum wage of $8.10 per hour.  The federal minimum wage is $7.25 per hour.  If an employee is covered by both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.

Generally, an employer must pay at least time and a half for each hour worked beyond the regular 40 hour work week.  This applies to covered ‘nonexempt’ employees.  A regular work week is any fixed and regularly recurring period of 168 hours during seven consecutive 24-hour periods.

There is no limit on the number of hours employees 16 years or older may work in any workweek.  The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest unless overtime is worked on such days.

Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a workplace.

Employers must display an official poster with the FLSA standards.  Employers must also keep employee time and pay records.

You could contact the U.S. Department of Labor, Division of Wages and Hours at (866) 4-USWAGE.

For more information, see

DOL Fact sheet: Coverage under the FLSA
Ohio Dept of Commerce - Wage and Hour Complaint;
Ohio Dept of Commerce - Wage and Hour Complaint Instructions;


This article is meant to give you general information and not to give you specific legal advice.
Prepared by Community Legal Aid Services, Inc. Updated April 2015.