When is Overtime pay at a driving school required?
I am employed by a commercial driving school that has 15 employees. We instruct the students in classroom and in the car behind -the -wheel. My question pertains to overtime pay. At what point am I entitled to overtime pay? Over 40 hours a week or after 8 hours a day? Is a break required during the 12 hour day? When?
The school grosses approximately $175,000 yearly.
Thanks so much, I really need to know this as my employer says he doesn't have to pay any overtime at any point. Is is right?
Answers (1)
Hi Mary:
Your employer probably believes that he is exempt from federal overtime laws because he either grosses too little or because he is not involved in interstate commerce. In either case, he is still subject to Ohio's overtime laws if he grosses over $150K. Here is a link to Ohio's overtime law (copy it and paste it to your address bar): http://onlinedocs.andersonpublishing.com/revisedcode/home3.cfm?GRDescription1=revised%20code&GRDescription2=title%2041&GRDescription3=&TextField=%3CJD%3A%224111%22%3ECHAPTER%204111%3A%20MINIMUM%20FAIR%20WAGE%20STANDARDS&GRStructure1=4111&GRStructure2=
As to your other questions, you generally are only entitled to overtime for hours worked over 40 in a week; not over 8 in a day. Also, you are not entitled to breaks under the overtime laws; just compensation for working over 40 hours in a week.
I hope this helps.
Neil Klingshirn
posted by Neil Klingshirn | Oct 25, 2001 10:13 AM [EST]
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