Subcontractors getting paid by the hour not by the job. Are we entitled to overtime?

I work for a company based on Ohio State campus that rents homes to college students. On a average week we work about 50 to 55 hours a week. But during the month of September while the kids are gone we work up to 110 hours a week. I was told that anyone that gets paid by the hour is entitled to overtime. We are told when to come in to work, when to leave and even when we HAVE TO take lunch. And if we do not take a lunch and work through it, it is deducted from our pay anyways! When hired we were told how much we were going to be paid BY THE HOUR. Just heard in the office today that since we fill out time sheets manually and we put the description of what we do during the day that under the times, that it will be around this overtime thing. The labor board has been notified. All this company is trying to do is find a way to swindle out of this by saying that we get paid by the job, but the truth is its by the hour.

Please respond ASAP

2 answers  |  asked Feb 9, 2010 6:48 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
There is a lot of discussion on this website regarding overtime regulations. It appears from your facts that your employer, indeed, is violating federal and state wage laws. I would recommend that you engage a competent employment attorney because this person will fight harder for you than the "labor board".

posted by Neil Rubin  |  Feb 10, 2010 08:45 AM [EST]
Neil Klingshirn
You are entitled to overtime if you work more than 40 hours in a week, unless you are exempt. The overtime law exempts dozens of occupations. The main ones are executives, administrative and professional employees. However, those only apply to you if your employer pays you on a salaried basis. So, if you are not paid a salary, chances are that you are entitled to overtime.

Here is more information on overtime and its exemptions:

posted by Neil Klingshirn  |  Feb 10, 2010 08:31 AM [EST]

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