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View Full Version : Need advice for Ohio Overtime Laws


chevellessgal70
01-29-2006, 12:22 PM
I work as a Tax Preparer in Ohio, and we get paid every other week. I was wondering if they have to pay us over-time?

I worked almost 100hrs in 2weeks, plus we barely get a lunch break. Since its Peak Season for taxes we have been severely busy. The only time we get a break is if we don't have a client. Which means I go from 9am-7pm with no break or food.

Any advice? Any way to know if they have to pay me over time??

Thanks

Pattymd
01-30-2006, 04:39 AM
It is likely that you would not qualify as an exempt employee, thereby requiring the employer to pay overtime pay for all hours worked in excess of 40 in the 7-day period defined as the workweek by the employer.

When you question them about this, what do they say?

chevellessgal70
01-30-2006, 07:37 PM
When I asked the Owner about it, he stated he pays us commision, and not overtime. He said if he paid us all overtime, it would drain his pocket. Our commision is only 3% per client.

Is there a law about lunch breaks? The only time we get a lunch break is if there are no clients. And with peak Tax season in full swing, there is always clients. We go 9-10hrs with no break.

Valarie

Pattymd
01-31-2006, 05:03 AM
Commission cannot subsitute for overtime unless you work in retail and then only under certain conditions.

The Ohio DOL website is very user-unfriendly, but my recollection is that Ohio does not require meal periods or rest breaks for non-minors.

cbg
01-31-2006, 08:17 AM
You recall correctly.

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