Ohio treats its two wage claims very differently. A minimum wage claim rides on the state constitution: treble damages, three years, no exhaustion requirement. An overtime claim rides on a statute that gives you the unpaid wages and your fees — no liquidated damages — on a two-year clock willfulness does not extend. Knowing which you have is most of the work. Siegel Law Group represents employees, never employers.1
Ohio's statute says an employer "shall pay an employee for overtime at a wage rate of one and one-half times the employee's wage rate for hours worked in excess of forty hours in one workweek, in the manner and methods provided in and subject to the exemptions of section 7 and section 13 of the 'Fair Labor Standards Act of 1938.'"2 The federal exemptions come in wholesale; agricultural employees are out.
Two Ohio limits matter. "Employer" excludes one "whose annual gross volume of sales made for business done is less than one hundred fifty thousand dollars" — in the statute since 2007, not a recent addition, and not indexed.3 And since July 6, 2022, Ohio excludes commuting, preliminary and postliminary activities, and "activities requiring insubstantial or insignificant periods of time beyond the employee's scheduled working hours" — unless you do that work during the regular workday, at the employer's specific direction, or under a contract, custom, or practice at your workplace.4 That last clause is where Ohio off-the-clock cases are won.
Section 34a indexes the rate every year by "the rate of inflation … according to the consumer price index … for all urban wage earners and clerical workers."5 For 2026 that is $11.00 non-tipped and $5.50 tipped, with employers grossing under $405,000 permitted to pay the federal rate; on January 1, 2027, $11.40, $5.70, and $420,000.67
The constitutional gross-receipts figure is indexed — it started at $250,000 — while the $150,000 overtime threshold in the Revised Code is not. Two numbers, two jobs, constantly confused. Employees under 16 get the federal rate, and the tip credit is capped: an employer may pay "less than, but not less than half, the minimum wage rate" only if tips plus wages reach it.5
Because Ohio adopts the federal exemptions by reference, your status turns on the federal executive, administrative, and professional tests. The federal salary floor is $684 per week, $35,568 a year: the 2024 increase was vacated in litigation and the Department of Labor restored the earlier figure in May 2026.8 Ohio adds nothing above it, and clearing $684 is where the employer's argument starts — duties decide it.
Section 34a requires your employer to keep your pay rate, "hours worked for each day worked and each amount paid" for at least three years, and: "Such information shall be provided without charge to an employee or person acting on behalf of an employee upon request."5 The implementing statute gives the employer thirty business days and lets your attorney or union representative ask for you.9 If you think your hours were trimmed, that is a free look at what the employer wrote down.
Two moves account for most of it: the exempt label without the duties, and the 1099. Across healthcare, manufacturing, logistics, and insurance the violations repeat — unpaid pre-shift setup and cleanup, working through lunch, after-hours calls, bonuses left out of the regular rate, trimmed time records. We concentrate in these cases for case managers and utilization review staff.
Mandatory overtime is generally lawful, and refusing it can get you disciplined. Not paying for it cannot be cured by agreement: "any agreement between the employee and the employer to work for less than the overtime wage rate is no defense to an action."10 On retaliation Ohio is unusually strong — Section 34a bars discharge or retaliation for exercising any right under it and sets damages "sufficient to compensate the employee and deter future violations, but not less than one hundred fifty dollars for each day that the violation continued."5 A daily floor, not a cap.
Ohio law requires that "an action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation, or liquidated damages … shall be commenced within two years after the cause of action accrued."11 No willfulness extension — the three-year willful period is federal.12 A Section 34a claim gets its own three years. See statute of limitations.
Now the procedural fact that costs Ohio workers the most money. Since July 6, 2022, "no employee shall join as a party plaintiff in any civil action that is brought under this section … unless that employee first gives written consent … and that consent is filed with the court."10 Section 34a's implementing statute carries a parallel requirement, and federal law has always worked this way.13 If a coworker files a wage case covering your job title, doing nothing leaves you out while your own clock runs. If you got a notice about a wage lawsuit, do not set it aside. See collective actions.
You can complain to the Ohio Department of Commerce, Bureau of Wage and Hour Administration, or to the U.S. Department of Labor, or sue. No agency filing is required first: Section 34a provides that "there shall be no exhaustion requirement, no procedural, pleading or burden of proof requirements beyond those that apply generally to civil suits," and no liability for fees against an employee unless the action was frivolous.5
The two claims pay differently. On overtime, the employer "is liable to the employee affected for the full amount of the overtime wage rate, less any amount actually paid … and for costs and reasonable attorney's fees."10 No state liquidated damages — one reason these cases are usually brought under federal law too, where unpaid overtime carries "an additional equal amount as liquidated damages."13 On minimum wage, "damages shall be calculated as an additional two times the amount of the back wages," plus costs and fees, payable within thirty days and "not … stayed pending any appeal."5
Jack Siegel has filed more than 100 federal overtime lawsuits in 27 federal courts, earned 50 or more class and collective certifications, and recovered more than $100 million for workers, as lead counsel on the firm's cases. Ohio results include Snider v. Quantum Health (S.D. Ohio), an approximately $1.3 million settlement for utilization review staff. Past results do not guarantee future outcomes.1 See our cases.
$11.00 non-tipped, $5.50 tipped. Employers grossing under $405,000, and employees under 16, pay the federal $7.25. On January 1, 2027: $11.40, $5.70, threshold $420,000.
Yes. Since July 6, 2022, Ohio's overtime statute requires each employee to file written consent with the court, and the implementing statute for constitutional minimum wage claims says the same. Doing nothing keeps you out.
Two years, with no willfulness extension under Ohio law. A Section 34a claim gets three years; the federal claim is two, or three if willful.
Not under the state overtime statute, which gives the unpaid overtime plus costs and fees. Treble damages are available on a Section 34a minimum wage claim, and federal law adds an equal amount in liquidated damages.
Every consultation is free and confidential. We take overtime cases on contingency: we advance the costs of the case, those costs are repaid out of any recovery, and if we do not recover you owe us nothing — no fee and no costs. Request a free case review or call (214) 790-4454. Siegel Law Group PLLC, 11341 W US Hwy 290, Bldg 2, Austin, TX 78737.
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