Common FLSA Violations In Columbus
Much too often, employees in Columbus, Ohio are not paid fairly by their employers, and employers violate their rights under the Fair Labor Standards Act (FLSA). For employees who are not salaried, it is critical to understand rights under the FLSA and to be able to recognize common violations of the FLSA. If you believe that your employer has violated the FLSA and has not paid you fairly, you should have an experienced Columbus wage and hour attorney evaluate your case. You may be eligible to file a claim for an FLSA violation and to seek a remedy. The following are some of the most common types of FLSA violations that affect employees in Ohio.
Minimum Wage Violations
The minimum wage in Ohio went up to $9.30 per hour in 2022. Although the federal minimum wage remains at $7.25 per hour, employers in Ohio are required to pay employees the higher state minimum wage. Accordingly, if you live in Ohio and earn an hourly wage of less than $9.30, you may be able to file a wage and hour violation.
Overtime Pay Violations
Employers are required under federal law to pay overtime to employees who work hours beyond a 40-hour workweek. Overtime pay is required for hourly workers, day rate employees, and many other types of workers. The FLSA requires that employers pay an overtime rate of time and one-half for every hour worked beyond the 40-hour workweek. For example, if an employee earns the Ohio minimum wage of $9.30 per hour and works 50 hours in a week, the employee is entitled to time and one-half ($9.30 x 1.5 = $13.95) per hour for each hour beyond 40 hours. In this example, the employee would be entitled to receive $13.95 for 10 hours of work up to the 50 hours worked, and $9.30 per hour for the 40 hours worked prior to that.
Day Rate Pay Violations
Employees who are paid a day rate must still be paid the minimum wage, and must still receive overtime pay for additional hours that are worked beyond 40 hours in a week. There are various calculations to determine whether a day rate pay violation has occurred, and you should seek advice from a wage and hour attorney in Columbus if you have concerns.
Tipped employees have various rights under federal law, including a right to notice about tip pooling practices, to the minimum wage, and to overtime pay.
Requiring Employees to Work Off the Clock or During Meal Periods
Employees who are on meal periods for which they are not being paid cannot be asked to perform any work tasks during that meal period, or else they must be paid. Similarly, employees who are off the clock cannot be asked to perform any work duties unless they are being paid.
Contact Our Columbus Wage and Hour Lawyers
If you have any concerns about workplace fairness concerning your pay, you should seek advice from one of our Columbus wage and hour attorneys. Contact Brian G. Miller CO, L.P.A. to learn more about how our firm can assist you.