In Ohio, overtime is owed only when you work more than 40 hours in a single workweek — the state has no daily overtime rule. Ohio does not require extra pay for working more than 8 hours in a day, for weekends, or for holidays. Under Ohio Revised Code Section 4111.03, covered employees must be paid one and one-half times their regular rate for each hour worked beyond 40 in a workweek. That mirrors the federal Fair Labor Standards Act (FLSA), which also uses a weekly-40 threshold with no daily requirement. A small number of states (such as California and Alaska) require daily overtime after 8 hours; Ohio is not one of them.
How Overtime Works in Ohio
Ohio's overtime standard is set by ORC 4111.03 and is tied directly to the federal FLSA. The rules are straightforward:
Threshold: Overtime begins after 40 hours in a defined seven-day workweek.
Rate: Time-and-a-half (1.5x) your regular rate of pay for each overtime hour.
No daily overtime: Working 12 hours in one day does not trigger overtime by itself — only your total weekly hours matter.
Workweek is fixed: An employer sets a consistent seven-day, 168-hour period. It does not have to match the calendar week, but it cannot be shifted around to avoid paying overtime.
Your "regular rate" is more than just your base hourly wage. It generally includes nondiscretionary bonuses, shift differentials, and commissions, all of which must be folded into the rate before the 1.5x multiplier is applied. Employers cannot lawfully average hours across two workweeks to dodge overtime — each workweek stands on its own.
The Regular Minimum Wage Baseline
Overtime is calculated on your regular rate, which cannot fall below Ohio's minimum wage. Ohio's minimum wage is adjusted for inflation each year and is higher than the federal floor. The federal FLSA minimum wage has been $7.25 per hour since 2009. As of 2026, Ohio's minimum wage is meaningfully above $7.25 (it was $10.70 per hour for non-tipped employees in 2025 and rises annually with the Consumer Price Index). Because this figure changes every January, confirm the current Ohio minimum wage with the Ohio Department of Commerce before relying on a specific number.
Note one Ohio quirk: smaller employers may be subject to the lower federal minimum wage. Ohio's higher state minimum wage applies to employers whose annual gross receipts exceed a threshold set in the state constitution (around $385,000, also indexed yearly). Employees of very small businesses below that line may be entitled only to the federal $7.25 rate — but federal overtime rules can still apply.
Which Employers Must Pay Ohio Overtime
Ohio's overtime statute applies to employers with annual gross sales of more than $150,000. If a business grosses $150,000 or less per year, it is not covered by Ohio's state overtime law — but its employees may still be protected by the federal FLSA, which covers most workers engaged in interstate commerce regardless of employer size. In practice, the overwhelming majority of Ohio workers are covered by overtime protections through one law or the other.
Who Is Exempt From Overtime in Ohio
Because Ohio incorporates the FLSA, the state's exemptions track the federal ones. The most common are the "white-collar" exemptions, which require both a salary test and a duties test:
Executive employees who manage a department and direct the work of at least two full-time employees.
Administrative employees whose primary duty is office work directly related to management or business operations and who exercise independent judgment on significant matters.
Professional employees in fields requiring advanced knowledge (such as lawyers, doctors, accountants, and engineers), as well as creative professionals.
Outside sales employees who regularly work away from the employer's place of business.
Certain computer professionals paid at or above the applicable threshold.
For most white-collar exemptions, the employee must be paid a fixed salary that meets the federal minimum salary level and actually perform exempt duties. A fancy job title alone does not make someone exempt — the day-to-day work has to qualify. Misclassifying hourly workers as "salaried exempt" or as "independent contractors" is one of the most common ways Ohio workers lose overtime they are owed.
Other categories with special or limited rules include certain transportation workers, some agricultural employees, and specific seasonal or recreational workers. If you are unsure whether your role is genuinely exempt, the classification can and should be reviewed on its facts.
How to Recover Unpaid Overtime in Ohio
If you have not been paid the overtime you earned, you generally have several paths:
File with the Ohio Department of Commerce. The Division of Industrial Compliance, Bureau of Wage and Hour Administration handles state minimum wage and overtime complaints.
File a federal complaint. The U.S. Department of Labor's Wage and Hour Division enforces the FLSA and can investigate unpaid overtime.
File a lawsuit. You can sue in court to recover unpaid overtime, and Ohio law and the FLSA allow recovery of unpaid wages plus, in many cases, liquidated (double) damages and attorney's fees.
Watch the deadline. Ohio amended its wage law (Senate Bill 47, effective in 2022) to set a two-year statute of limitations for overtime claims under ORC 4111.03. The federal FLSA also generally gives you two years to sue — extended to three years for willful violations. Because deadlines are strict and run from when the wages should have been paid, do not wait. Keep your own records of hours worked, pay stubs, and schedules, since these are critical evidence if your employer's records are incomplete.
Retaliation — firing, demoting, or punishing a worker for asserting overtime rights — is illegal under both Ohio and federal law. If you experience retaliation after raising a wage complaint, that is a separate violation you may also pursue.
Where to Verify the Current Rules
For authoritative, up-to-date information, consult the Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration, which administers Ohio's minimum wage and overtime laws. For the federal baseline, consult the U.S. Department of Labor's Wage and Hour Division. Because the minimum wage and salary thresholds are adjusted periodically, always confirm the current figures with these official sources before acting, and consider speaking with an Ohio employment attorney about your specific situation.
Official Ohio Sources
This page is based on Ohio employment law. Rules and figures change — verify the current details directly with the official Ohio sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Ohio state law.
Frequently asked questions
Does Ohio require daily overtime after 8 hours?
No. Ohio has no daily overtime requirement. Overtime is owed only after you work more than 40 hours in a single workweek, regardless of how many hours you work in any one day. A 12-hour shift does not trigger overtime unless your weekly total passes 40 hours.
What is the overtime rate in Ohio?
Time-and-a-half — one and one-half times your regular rate of pay — for each hour worked beyond 40 in a workweek. The regular rate must include nondiscretionary bonuses, commissions, and shift differentials, not just your base hourly wage.
Do small employers have to pay overtime in Ohio?
Ohio's overtime statute (ORC 4111.03) applies to employers grossing more than $150,000 per year. Employees of smaller businesses may still be covered by the federal FLSA, which protects most workers engaged in interstate commerce regardless of employer size.
How long do I have to file an unpaid overtime claim in Ohio?
Ohio's wage law (after Senate Bill 47, effective 2022) sets a two-year statute of limitations for overtime claims. The federal FLSA also allows two years, extended to three years for willful violations. Deadlines are strict, so act promptly.
Can I be salaried and still be owed overtime in Ohio?
Yes. Being paid a salary does not automatically make you exempt. You must also meet a duties test for an exemption such as executive, administrative, or professional. If your actual job duties do not qualify, you may be owed overtime even if you are paid a salary.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
