At Brian G. Miller Co., LPA, our Columbus minimum wage attorneys represent individual workers, and groups of workers, who have unpaid minimum wage claims against their employers. Often, minimum wage claims are violations against Ohio and Federal laws.

Under the Fair Labor Standards Act (FLSA), with some exceptions, employers must pay its employees at least a minimum wage of $7.25. In addition, Ohio law has similar requirements. Pursuant to the Ohio Wage Act, with some exceptions, employers must pay its employees a minimum wage of $8.70. The Ohio Wage Act and the FLSA also protect employees from being fired, or discriminated against, after making complaints, requests, or filing a lawsuit for unpaid minimum wages.

Who pays for the attorney fees in minimum wage violation lawsuits?

At Brian G. Miller Co., L.P.A., we understand that it may seem too expensive to file a minimum wage claim against your employer. In some situations, you may feel as though the costs of litigation and having to pay for an attorney would more expensive than the unpaid wages. However, when an employee successfully proves that his or her employer violated the FLSA, the employee’s attorney fees become the responsibility of the employer to pay.

Common Unlawful Minimum Wage Violations

Unfortunately, despite these wage and hour protections, employers can still violate wage laws. The following are common minimum wage violations:

1. Failing to pay for “off the clock” work: Employers must pay for all work performed. This includes tasks such as balancing registers, cleaning before and after shift, setting up bars, and traveling between multiple job sites.

2. Illegal Pay Deductions: While ordinary deductions may be lawful, those that make an employee’s pay less than minimum wage is illegal. This includes deductions for uniforms, broken equipment and supplies, and cash register shortages. In addition, employers are not allowed to deduct wages as a form of punishment.

3. Wage Violations for Tipped Employees: For employees who traditionally receive tips, federal law allows employers to pay its employees at a lower rate, as low as $2.13 per hour. However, the tips that the employee is allowed to keep, when combined with the tipped employee’s reduced regular wages, must amount to at least $7.25. If they do not amount to minimum wage, the employer is required to pay the difference.

4. Illegal Rounding of Time / Illegal Time Rounding Policies: Most employers have timing systems that “round” an employee’s time when timing in or out. However, employers are only permitted to “round” an employee’s time worked if:

• (1) The rounding policy works both ways;
• (2) The rounding policy must not use time increments more than quarter of an hour (five, ten, and fifteen-minute increments are permitted); and
• (3) The rounding policy is used in such a manner, that will not result, over a period of time, to favor overpayment, nor underpayment of wages.

The following are examples of when an unlawful rounding policy may exist:

• The rounding policy only rounds time down, and not up
• The rounding policy uses increments larger than 15 minutes for rounding
• The rounding policy does not actually round correctly and results in wrong pay

If you have experienced any of the above situations, please feel free to call our minimum wage attorneys in Columbus, Ohio to discuss your potential claims.

Call Our Minimum Wage Violation Attorneys in Columbus, Ohio

Our Columbus minimum wage lawyers have the experience and skill necessary to win your case. Our firm is experienced in working complex cases and achieving favorable and successful results. In addition, we understand the arguments and defenses that employers will use to shift blame on to the employee. We carry a manageable case load, which allows us an ability to pay careful attention to the details of each case and be available to discuss and work closely with our clients in achieving favorable results.

Our law firm has an earned reputation for success. To hear from real, past clients, we would encourage you to review our testimonial page to see what they have to say. In addition to our earned reputation, members at Brian G. Miller Co., L.P.A. have been recognized for being The National Trial Lawyers Top 100 & Top 40 under 40, America’s Top 100 High Stakes Litigators, for achieving a Top 100 Jury Verdicts in the United States, and have been selected to be a part of several prestigious top trial lawyers groups in the United States, such as the Multi-Million Dollar Advocate Forum.

To  discuss your potential minimum wage claims, call 614-221-4035 to speak with an experienced minimum wage lawyer in Columbus, Ohio.