Ohio overtime laws...?

Question

I was just wondering about the Ohio overtime laws. My schedule is set up in such a way that I work 14 hours per day: Thursday - Wednesday, with Sunday off, then I am off the next Thursday- Wednesday. I still get 42 hours per week based on a Sunday-Saturday schedule (if your confused on how it works, just look at a calendar; it makes more sense that way). Anyway, my question is in regard to Ohio Revised Code Section 4111 (if you want to read it, here's a link - http://codes.ohio.gov/orc/4111). Basically, it states that if you work over 40 hours in a 7 day workweek then you're eligible for 1 1/2 over time. I cannot find a legal definition for 'workweek' anywhere. I was wondering that since I work all 80+ hours within 7 days if I would be entitled to be paid overtime on all of it over 40 hours within that 7 day period. OR is it legally set-up so that a 'workweek' by definition is only considered to be Sunday through Saturday, such is how our pay periods are determined? If anyone has a legal definition of 'workweek' that can apply here, please let me know it as well as the source.

I'm just realizing that if I did the exact same schedule, except worked on different days (such as Monday-Saturday) I would be making about 20% more than I do now. Is that legal?

Answer 1

A company can define their "workweek" however they want, they just can't change it around from week to week to avoid overtime. Defining the "workweek" as 0001 Sunday to 2400 Saturday (or any other way) is legal. (Where I work, for example, the "workweek" is 0800 Monday to 0800 Monday. Work done between midnight Monday and 0800 Monday is the prior weeks - perfectly legal.)  You then look at the hours worked within each week to determine overtime.

Answer 2

Check with the NLRB; but a work week is whatever fixed 7 day period an employer chooses to base his schedule on.  

Answer 3

A workweek is determined on the starting and ending days of the pay period. Could be Sunday through Saturday or other configuration as long as it is within a 7 day week. Any hours within this time period over 40 are considered overtime.