Payroll Ohio, Unique Aspects of Ohio Payroll Law and Practice
Unfortunately, many Ohio employers are unclear about whether an employee should be paid for overtime, unaware of the consequences for not paying overtime, or unsure about the steps necessary to properly pay overtime. This blog will outline a couple of unique aspects of Ohio law and offer some tips on how to correctly comply with these aspects.
For instance, did you know that any compensation in addition to regular wages (including paycheck bonuses and commissions) must be included in calculating an employee's regular rate? This is true even if the additional compensation is subject to a separate contract between the employer and the employee.
An employee should also be compensated for all time actually worked, including overtime and compensatory time. For example, if an employee works through his lunch hour without requesting additional compensation, this time must be paid. This is true even if the employee has a written agreement with the employer that he or she won't be paid for lunch hours and will instead receive an extra hour of compensatory time.
Ohio employers should also ensure that they correctly pay employees who are suspended or terminated prior to their regularly scheduled work hours. If an employee is suspended due to pay, this does not mean that the employer is required to compensate the employee for all or any part of the suspension. However, an employee who is suspended for failing to perform work after notifying his or her employer of his or her inability to work will be compensated for all hours worked before being placed on suspension. The same rule applies if an employee is terminated prior to working a full shift and did not leave on good terms with his or her employer.
In addition, employers should also ensure that they are complying with federal laws when paying overtime compensation. For instance, employers should be aware that compensation in the following forms is considered compensable wages and must be included in calculating an employee's regular rate of pay:
o Payments for unused vacation time;
o Payments for unused sick leave;
o Payments for unused personal time off (such as a Call-In/Sick Policy); and
o Payroll bonuses.
These are only a few of the aspects that make Ohio a unique state when it comes to payroll law. To ensure employers are correctly complying with Ohio and federal law, we suggest you contact your legal counsel or an experienced attorney at Applebee & Anderson to further discuss these issues. If you have any questions regarding this article, please contact James M. Applebee or Jill E. Anderson at 800-451-1454.
Good luck and stay legal!
This blog is intended to provide general information only, not specific legal advice or opinions. You should consult with an attorney before making any decisions regarding the subject matter of this blog. To contact Applebee & Anderson or to see a full disclaimer, click here . ____________________
Finally, you might be interested in how I got started in the payroll field: My Favorite Payroll Story – #24 by Mark A. Hamrick.
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* A Donovan Professional Services, LLC blog post. Donovan Professional Services, LLC does not provide legal services nor does the firm create this blog post as an attorney-client communication. Any information contained in this post is for general educational purposes only. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Prior results do not guarantee a similar outcome. Persons receiving this information should not act upon it without seeking professional legal counsel.
Tags: Ohio payroll law , Ohio payroll , Ohio overtime , Ohio pay stubs , How to Compute Overtime Rate If Paid Weekly by Mark A. Hamrick
This entry was posted on Monday, February 24th, 2013 at 12:01 pm and is filed under Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. | Mark Responses 3-15-2013, 1:24 PM by jamesmapplebee | Posted in Payroll
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Payroll Processing Best Practices – #22 by Mark A. Hamrick
Tags: Ohio payroll, Ohio Payroll Law, Payroll Ohio, Payroll best practices, Best Practices for Payroll in Ohio
Payroll Processing Best Practices – #22 by Mark A. Hamrick This entry was posted on Monday, February 17th, 2013 at 5:09 pm and is filed under Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. | Mark Responses 2-15-2013, 11:52 AM by jamesmapplebee | Posted in Payroll
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Paycheck Policy Review – #20 by Mark A. Hamrick
Tags: Ohio payroll, Ohio Payroll Law, Payroll Ohio, Payroll best practices, Best Practices for Payroll in Ohio
Paycheck Policy Review – #20 by Mark A. Hamrick This entry was posted on Monday, February 10th, 2013 at 3:53 pm and is filed under Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. | Mark Responses 2-10-2013, 11:17 AM by jamesmapplebee | Posted in Payroll
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Ohio Adjusting for Hours Worked – #18 by Mark A.
Conclusion: I still stand by what I said in #16. If you work overtime, you are entitled to extra pay for that overtime. Your employer may choose not to provide that pay or may provide a lower amount, but that is your right and your employer has no right to deny it. And if you have to leave early, your employer cannot require an employee to stay late to make up for any time not worked.
Tags: Ohio Payroll Law , Ohio Payroll , How Much Overtime Should I Get?, Overtime Checklist, Paycheck Analysis – #18 by Mark A. HamrickThis entry was posted on Monday, February 10th, 2013 at 4:08 pm and is filed under Miscellaneous.