Ohio Overtime State Law 2026

Ohio’s overtime framework continues to mirror the federal Fair Labor Standards Act (FLSA): non-exempt workers earn 1.5× their regular rate for hours worked over 40 in a workweek. 

The state’s 2025 minimum wage rose to $10.70 (non-tipped) and $5.35 (tipped) effective January 1, 2025, and Ohio law continues to preempt local minimum-wage ordinances, so there are no city or county wage rates that alter overtime eligibility. 

The following table summarises the key provisions affecting overtime calculations across varying local jurisdictions.

These details reflect Ohio’s emphasis on a uniform statewide floor with federal overtime mechanics. Employers should watch poster and code updates from the Ohio Department of Commerce (ODC) and apply FLSA exemptions correctly to stay compliant

Overview of Ohio Overtime Laws

Ohio overtime laws follow the federal FLSA in determining overtime, with a few Ohio-specific notes:

• Standard Overtime Rate: Non-exempt employees earn 1.5× their regular rate of pay for all hours worked over 40 in a workweek.
• No Daily Overtime Rule: Ohio does not require daily overtime (e.g., over 8 hours/day); overtime is weekly. 
• No Double-Time Rule: State law does not require double-time pay. 
• Hours That Count: Only hours actually worked count toward overtime; paid leave (vacation, sick, holiday) doesn’t increase “hours worked” under FLSA rules that Ohio follows.
• Small-Employer Note: As reflected on ODC’s 2025 poster, the overtime rule excludes employers grossing under $150,000 annually. 

Eligibility for Overtime

Not every worker in Ohio is automatically eligible for overtime. As under the FLSA, the rules distinguish between non-exempt and exempt employees:

• Non-Exempt Employees: Eligible for overtime after 40 hours in a workweek, regardless of pay method.

• Exempt Employees: Must meet both the salary and duties tests under FLSA’s “white-collar” exemptions (executive, administrative, professional), plus outside sales and certain computer employees. Ohio incorporates these federal exemptions.

• Industry-Specific Notes:

• • Agricultural employees: Many are exempt from overtime under FLSA §13(b)(12), which Ohio follows.
  • Tipped employees: Eligible for overtime; the regular-rate and tip-credit rules under federal law apply. 
  • State or local government employees: May receive compensatory time (1.5 hours of comp time per overtime hour) instead of cash overtime under specific conditions. 

Ohio Federal vs. State Overtime Rules

Ohio’s rules are closely aligned with federal law, with state preemption on local wages and posted thresholds for small-employer coverage.

Example: If an employee works 45 hours in a week at $20/hr

• Federal law: Paid 40 × $20 = $800, plus 5 × ($20 × 1.5) = $150. Total = $950. 
• Ohio law: The same calculation applies (state adopts FLSA framework). 

Exemptions in Ohio:

Ohio law relies on FLSA exemptions for overtime. Common categories include:

• Executive Employees: Salaried employees paid $684+ weekly managing businesses/departments, directing 2+ employees with hiring/firing authority are exempt.
  
• Administrative Employees: Salaried employees paid $684+ weekly performing office/non-manual work related to management, exercising discretion on significant matters are exempt.
  
• Professional Employees: Salaried employees paid $684+ weekly (or Learned/Creative Professionals) with advanced specialized knowledge or artistic talent are exempt.
  
• Computer Professionals: Skilled employees performing systems analysis, programming, software engineering, or highly-technical computer work are exempt.
  
• Outside Salespersons: Employees primarily making sales away from employer’s premises are exempt; no salary threshold required.
  
• Highly Compensated Employees: Employees earning $107,432+ annually performing management work satisfying at least one exempt duty test are exempt.
  
• Agricultural Workers: Employees engaged in farming, crop production, and livestock operations are exempt.
  
• Live-In Babysitters/Caregivers: In-home babysitters, companions to sick/elderly persons are exempt.
  
• Government/Public Sector Employees: Federal, state, and local government workers may use compensatory time under FLSA Section 7(o).
  
• Camp/Recreational Employees: Nonprofit camp/recreational area employees are exempt.
  
• Newspaper Delivery Personnel: Newspaper delivery individuals are exempt.
  
• Ohio’s FLSA Reliance: Ohio has no state-specific overtime laws; follows federal FLSA exclusively; non-exempt employees receive 1.5x for hours over 40 weekly; employers with $150,000+ gross receipts must pay overtime; eligible employees can claim federal tax deduction up to $12,500 annually through 2028.
  
• Misclassification Penalties: Employers face back pay, liquidated damages (100%), fines ($500/worker), and penalties ($1,000-$10,000 for willful violations); 2-year statute of limitations.

Employer Obligations and Employee Rights

Ohio employers must follow both state and federal wage-and-hour rules:

• Timely Payment & Recordkeeping: Employers must keep core payroll and hour records for at least three years; records must be available for inspection by employees and government agencies.
  
• Wage Claims & Enforcement: Employees who believe they have not been paid correctly can file complaints with the Ohio Department of Commerce, Division of Industrial Compliance & Labor; unpaid wages and damages can be pursued under state law and the FLSA.
  
• Overtime Pay Obligations: Non-exempt employees must receive 1.5 times their regular rate for all hours worked over 40 in a workweek; overtime calculations must include all compensation (bonuses, commissions, shift differentials); compensatory time cannot replace overtime pay in the private sector.
  
• Minimum Wage Compliance: Employers must pay at least Ohio’s minimum wage ($10.70/hour for non-tipped workers; $5.35/hour for tipped employees as of 2025) for all hours worked; minimum wage forms the basis for overtime calculations.
  
• Anti-Retaliation & Penalties: Retaliation for asserting wage rights is prohibited; employers face back pay, liquidated damages (100% of unpaid wages), civil penalties ($500-$10,000 for willful violations), and potential class action lawsuits; statute of limitations is two years (three years for willful violations).