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Ohio Bank Overtime

In Ohio, can a supervisor legally require a bank branch Assistant Manager to work 6 or 7 days per week, 8 hours per day? In the past, the Assistant Manager has always had 2 days off every week. If so, is the Assistant Manager entitled to a raise?

As long as the manager is what is called “salaried exempt,” the answer is yes. Ohio employers are legally allowed to require their employees to work 12 or more hours and 7 days a week, for month after month. Some actually do. Very few states have restrictions on the number of hours an employee can be required to work, as long as he or she is over the age of 18.

“Salaried exempt” means a salaried employee is not legally entitled to overtime. In this case, it sounds as if the employee is salaried exempt. It is not enough, however, simply to call someone a “manager” or an “executive” to make them salaried exempt. To qualify, they must supervise 3 or more employees themselves. Usually that means having the independent authority to hire and fire those employees. Salaried exempt workers must also have responsibility for important (and independent) business decisions. A salaried employee earning less than $455 weekly cannot be salaried exempt. He or she is always entitled to overtime.

Employers must abide by both state and federal overtime laws. That means (in the case of wage earners or salaried non-exempt employees) paying “time-and-a-half” or 1.5 times the usual rate after 40 hours in a given pay period.

As mentioned, very few states have restrictions. A few, including Wisconsin and Illinois, have passed laws requiring that all workers get one day off per week, but very often these kinds of laws do not extend to salaried employees.

Some occupations have restrictions on the number of overtime hours they can be required to work. Nurses in Massachusetts, for example, cannot be required to put in overtime. The Department of Transportation prohibits long-haul truck drivers from working more than 70 hours in an 8-day stretch or 60 hours in 7 days.

While it would be good if employers always paid more when extending someone’s hours and responsibilities, they need not do so. Employers are within their legal rights to change working conditions on a frequent or regular basis, and many of them do so. JH

This entry was posted on Wednesday, April 23rd, 2008 at 3:24 pm and is filed under
Benefits, Human Resources Management.
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