How a Wage and Hour Lawyer Can Help Recover Unpaid Overtime in Ohio

In Ohio, unpaid overtime is one of the most common ways employers shortchange employees. If you work in Columbus or elsewhere in the state and your employer is withholding your overtime pay, you should not accept it as “just how things are.” Unpaid overtime doesn’t disappear with time, and with help from an experienced wage and hour lawyer, you may be able to recover the pay you are legally owed.

How a Wage and Hour Lawyer Can Help

If you are eligible for overtime pay, Ohio law requires your employer to pay you one and a half times your regular rate for every hour worked over 40 hours in a work week. When this doesn’t happen, and your wage loss is substantial or if your case is complex, a wage and hour attorney can step in and protect your rights.

The attorney can:

1.    Explain the Law and Your Rights

One of the first things a wage and hour attorney does is explain how overtime laws work. While many employees assume overtime only applies to their base hourly rate, in some cases, bonuses, commissions, and incentive pay may also be included when calculating overtime. Employers sometimes take advantage of confusion or misinformation to avoid paying full wages. However, a lawyer can help you understand what should have been paid and what the law allows you to recover.

2.    Fighting Employee Misclassification

Employee misclassification is a common tactic that employers use to avoid overtime. You may be labeled as an independent contractor or an exempt employee when you’re actually a non-exempt employee and therefore not entitled to overtime pay. However, job duties, instead of job titles, are what determine whether you qualify for overtime. A wage and hour lawyer can closely examine your responsibilities, how you’re paid, and how much control your employer has over your work to determine whether an exemption applies in your case.

3.    Investigating and Filing a Claim

Once your lawyer understands your work situation, they can examine records, timekeeping practices, and deductions to see if overtime was calculated correctly or paid at all. If they discover violations, they can file a claim seeking unpaid overtime, additional damages allowed under the law, and recovery of legal fees. If multiple employees are involved, your employer may also advise bringing a collective “class” action so affected workers can pursue their claims together.

4.    Representing You in Court

If your employer won’t take responsibility for unpaid overtime, a wage and hour lawyer can advocate for you in court. But since most companies usually want to avoid the expense of litigation, it motivates them to negotiate a fair settlement once legal action is on the table.

Who Is Entitled To Overtime in Ohio?

Ohio follows federal overtime standards stipulated in the Fair Labor Standards Act (FLSA). Eligible employees must receive overtime pay for hours worked beyond 40 in a single workweek. A workweek refers to seven consecutive 24-hour periods and doesn’t have to match a calendar week.

Our Columbus Wage and Hour Attorney Is Here To Help

If you believe your employer owes you unpaid overtime, contact us at our trusted law office of Brian G. Miller CO., L.L.C., today to discuss your case.

Source:

codes.ohio.gov/ohio-revised-code/section-4111.03