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I have several questions. I work for a salon/day spa. 1. I was reading about the overtime on previous threads. Am I correct in stating if the employee is exempt on taxes they do not receive overtime? But if the employee is not exempt then they must receive overtime? 2. As a technician, after the first 90 days they usually meet commission and come off of hourly. However, if they go under commission after the first 90 days are they supposed to receive hourly to compensate? 3. Also as a technician, if they work so many hours are they supposed to be getting paid minimum wage? 4. Is it illegal to work over 8 hours a day and not receive a lunch break? and lastly 5. If mandatory meetings are held are we supposed to be getting paid? Thanks!
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Ohio Question
The following are the answers to your questions:
1) Am I correct in stating if the employee is exempt on taxes they do not receive overtime? No, that is not correct. All wages paid to an employee are considered taxable. However, certain employees may be eligible for reduction of taxes, depending on their wages and/or personal situation.
2) But if the employee is not exempt then they must receive overtime? Yes, non-exempt employees in Ohio must receive overtime if they work more than 40 hours in a week.
3) At a rate under commission - The employee can receive lower commissions or be switched a wage, rather than a commission, as long as the employee is making at least minimum wage (made up of base and/or commission)
4) if they work so many hours are they supposed to be getting paid minimum wage? Yes, see above.
5) it illegal to work over 8 hours a day and not receive a lunch break? Ohio employers do not have to provide rest periods or lunch periods
6) If mandatory meetings are held are we supposed to be getting paid? In most circumstances, yes. There are exceptions. For example, if the meeting is to hold training that is needed by the employee to maintain a license required by a government entity, an employee does not need to be paid. Training sessions are also unpaid if they are only providing information that is needed to learn a trade. However, once the employee is given information on company specific policies and requirement, it is considered paid time. One often sees mandatory unpaid training in situations such as prestigious hair salongs and call centers.
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