Tipped Workers: Your overtime pay can never be less than your minimum wage!

Cleveland's Minimum Wage on Ballot

10/5/16 - The Cleveland City Council voted last month to let voters decide in a special election whether or not to increase the minimum wage. The special election will be held May 2, 2017. The approved legislation states that beginning Jan. 1, following the approval of the ordinance, the minimum wage would go up gradually. The new minimum wage would be $12 an hour, then would increase each year by $1 until it reaches $15 an hour.

Exempt from Minimum Wage

You are exempt from Ohio's minimum wage if you are:

  • employed by the United States;
  • employed as baby-sitter in the employer's house, or as a live-in companion to a sick/convalescing/elderly person and your main duties do not include housekeeping;
  • employed as an outside salesman compensated by commissions or in bona fide executive/administrative/professional capacity;
  • employed as a computer professionals;
  • volunteering to perform services for a public agency which is a state, a political subdivision of the state, or an interstate government agency, if you are not receiving compensation or are paid in expenses, reasonable benefits, or a nominal fee to perform your services; and the services are not the same type of services which you are employed to perform for such public agency;
  • working or providing personal services of charitable nature in hospital or health institution for which compensation is not sought or contemplated;
  • employed at a camp or recreational area for children under 18 years or age that is owned and operated by a non-profit organization(s);
  • employed by a family owned and operated business and you are a family member of the owner.

A lot of workers are covered for their minimum wage by the Fair Labor Standards Act - find out more about the coverage and exemption of the FLSA


Full Time Minimum Wage: $326 pw

daily: $65.20

weekly: $ 326.00

annually: $16,952.00 

based on $8.15 per hour, 8 hours a day, 40 hours per week and 52 weeks a year.


Note: The current minimum wage of $8.15 per hour applies to workers of 16 years and older working for employers who gross more than $299,000. Workers of smaller companies, and for under 16 yr olds: $7.25

Note: Ohio's minimum wage is adjusted annually based on changes in inflation as measured by the Consumer Price Index (CPI).


2017 Minimum cash wage: $ 4.08

2017 Maximum tip credit: $4.07

NOTE: A service or tipped employee means an employee of hotel, motel, tourist place, or restaurant, who customarily and regularly receives more than $30.00 a month in tips.

Note:The cash wage or basic wage rate is the minimum required employer contribution towards your hourly minimum wage. The "maximum tip credit" is the amount of tips you will need on top of your cash wage to make the minimum wage of $8.15 per hour. If you do not receive sufficient tips in your workweek to achieve the minimum wage for all hours worked that week, your employer must make up the difference.

NoteOnly for employers who gross more than 299,000 per year . Employers grossing less, and for under 16 year olds the federal minimum applies.

Minimum Wage Trainees, Internship

Interns or trainees in the for-profit private sector who are qualifying more as employees than as trainees must be paid at least the minimum wage and overtime compensation for more then 40 hours worked in a workweek.

Read more via the next link about Minimum Wage Internships.


The overtime pay rate is $ $12.225, at a rate of $8.15 per hour.
Note: Overtime is the cash compensation for the hours eligible employees work in excess of 40 hours in a workweek (a workweek = 7x24= 168 hours). The overtime pay rate is one and one-half (1.5) times the regular working hour rate of pay. 

Employers who gross less than $150.000 are not required to pay overtime over 40 hours worked per week.

Note: A hospital may not require certain nurses and certified nurse assistants to work overtime except in unforeseeable emergent circumstance.

Violations Minimum Wage

The Bureau of Labor & Worker Safety is authorized to make investigations whether there is reasonable believe that the minimum wage is or has been violated: e.g. wage not paid, overtime not paid, unauthorized deductions.
The Bureau cannot collect for vacation pay, sick leave, holidays or other employment benefits, wrongful dismissal, wrongful tax withholding.

You can download a form to file a complaint via the Bureau of Labor & Worker Safety: download the form here
And send it to:
Division of Industrial Compliance & Labor,
Bureau of Labor & Worker  Safety,
6606 Tussing Road,
OH 43068

Or call the Bureau of Labor & Worker Safety: 614-644-2239

A claim investigated by the Bureau of Labor & Worker Safety is free.

You can also try to collect through a private attorney of by a small claims court, however: you cannot do both!