My husband & I managed a towing company. His salary bi-weekly was $1,250. He worked 24/7 sometimes only getting 3 hrs of sleep a night. He was always on call. Well, the other driver wanted to start taking 2 days off per week and so they alternated days off, so at a point each week they were working a 48 hr shift by themselves. The owner is mad about this and said that "they are not paid hourly, they are salary. There are slow days so they have some downtime, they don't get to take days off". I was the dispatcher working again 24/7 for $1,000 bi-weekly.
This issue here seem to be whether your husband is being properly paid under the FLSA and under Ohio's comparable law regarding overtime and minimum wage. With regard to salary, while your husband is fine receiving salary, it would not appear from his job that he is exempt from overtime meaning he may be entitled to payment of time and a half for all hours in a workweek over 40. But that is for hours actually worked, not hours spent waiting for tow jobs. I do not know how your husband tracks his hours nor do I know how the employer requires your husband to track his hours, but this could be important. While there are other payment arrangements available to employees, it is unclear from your question whether any of those are triggered here so I am unable to complete a further dive into FLSA laws and payment exceptions. Hopefully, this is a start for you at least, and if you have further questions or want to provide additional details regarding your husband's pay structure that might be helpful to being able to think this over a little more.
Salary. That's the word tow truck companies use for "slavery". There is little likelihood that your husband could be considered salaried. If his job duties were more often than not hooking chains to vehicles and driving them around, then he was not salaried-exempt. If he spent more time generating revenue than he did directing others to do something, then he wasn't salaried-exempt. Have him get counsel. He probably has at least a decent claim for unpaid overtime wages. You, too, for that matter.
This situation appears to be a misclassification issue, where your husband is a "salaried" employee, but his primary duties do not fall under the FLSA exemptions. Thus, I recommend speaking with an employment attorney to discuss in more detail. Your husband could be entitled to unpaid overtime under federal and Ohio law.
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