Can a daycare require its employees to work overtime for straight pay weekly?

I'm not sure of what the annual gross for the company is and I know a little about the labor laws. The owners do not pay any of their hourly employees overtime for hours over 40 hours. Is this legal for them to do? I've seen some posts saying that there are exemptions like if the company grosses under 1/2 a million and does no interstate commerce. I also heard that exemption goes away if they get any supplies out of state. Do these limitations apply to this industry? I feel this employer is really putting one over on all of its employees and just want to know if we have any recourse to fight back. Thank you.

2 answers  |  asked Jan 4, 2010 10:03 PM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
There are interstate commerce requirements for coverage under the FLSA, but these will not apply for the purposes of the Ohio Minimum Wage and Overtime laws you would be covered without regard to interstate commerce. The remedies are a little different, but you would be covered by Ohio law. The Ohio law does incorporate the exemptions contained within the FLSA, but I do not know of any exemption for childcare workers, and would have to check the DOL regulations and statutory exemptions to be sure.

So, long and short story, collect your work hours and keep good track of them. And then see an employment attorney near you to look at any specific exemptions and determine whether or not you have a good claim. You can select an employment attorney near you at:

posted by Bruce Elfvin  |  Jan 5, 2010 08:48 AM [EST]
David Neel
The short answer is absolutely not. There are exemptions, including one for teachers, but it would appear that your employer is acting illegally.

posted by David Neel  |  Jan 5, 2010 08:29 AM [EST]

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