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Ohio Unpaid Overtime Attorneys

Experienced Unpaid Overtime Lawyers in Columbus, Ohio

At Brian G. Miller Co., L.P.A., our Columbus unpaid overtime attorneys represent individual workers, and groups of workers, whose employers have violated the law by failing to pay them the correct overtime wages owed.

Under the Fair Labor Standards Act (FLSA), employers are required to pay one and one-half times the regular rate of pay for any hours worked over 40 hours per workweek to non-exempt employees.

Exempt vs. Nonexempt Employees

For overtime purposes, the FLSA separates jobs into two categories: “exempt” and “non-exempt.” Employers are required to pay both categories of jobs at least minimum wage, which is $7.25 per hour. However, only “non-exempt” employees are required to be paid overtime pay. Contrarily, employers are not required to pay “exempt” employees overtime wages.

What employees are “non-exempt” for overtime purposes?

Generally speaking, most employees who earn minimum wage are nonexempt employees are owed the right to be paid overtime. However, determining whether an employee is non-exempt, or exempt, can be difficult and confusing. Often, making such a determination is dependent upon various individual factors unique to that individual such as his or her job duties, salary level, and how that individual is paid. For more guidance, please review the Department of Labor’s fact sheet. To determine if you are non-exempt or not, we would suggest that you contact one of our unpaid overtime attorneys in Columbus, Ohio to help with that determination.

Who pays for the employee’s attorney fees in unpaid overtime cases?

While it may seem at times as though it would be too costly to pay for an attorney to litigate against your employer for unpaid overtime owed, attorney fees actually are paid by the employer when an employee successfully proves that his or her employee violated the FLSA. If you have any questions or concerns about how attorney fees are determined in wage and hour cases, feel free to call our Columbus unpaid overtime lawyers.

Common Unpaid Overtime FLSA Violations

Unfortunately, despite these wage and hour protections, employers can still violate wage laws. FLSA violations can be widespread and can occur in many different forms, but below are ways that often result in unpaid overtime violations:

  1. Misclassifying nonexempt employees as exempt employees: Determining whether an employee is exempt or non-exempt can be difficult. As a result, employers often fail to pay non-exempt employees the overtime wages they are required because they misclassify those employees as being “exempt.” If you think you, or a group of workers are being owed unpaid overtime, please call our unpaid overtime attorneys in Columbus, Ohio to discuss your rights.
  1. Failing to pay nonexempt employees for “off the clock” overtime work. This includes overtime owed for: Balancing registers, cleaning before and after shift, setting up bars, traveling between multiple job sites
  1. Unlawful deductions that reduce pay below the required overtime wage owed: Under labor laws, some deductions are considered lawful, while others are not. However, it is unlawful and a wage and hour violation, if an employer’s deduction reduces that employee’s pay below overtime wages if that employee is eligible to earn such wages.
  1. Miscalculating the Overtime Wage Rates Owed to Tipped Employees: The FLSA requires that employees be paid one and one-half their regular rate of pay. If an employer is taking the full “tip credit” and is paying employees $2.13 during their non-overtime hours worked, employers must pay their employees at least $5.76 per hour for overtime wages. Instead, employers often miscalculate the overtime wages owed to tipped employees by paying them $3.20, which is $2.13 multiple by one and half times. This is a wage violation. For more information, please review our miscalculating overtime wages page.
  1. 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.

When an illegal rounding policy exists, employees are not paid the wages they have worked, which may result in an unpaid overtime violation. 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

Call Our Unpaid Overtime Attorneys in Columbus, Ohio to Discuss Your Claims

Our unpaid overtime law 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. To hear from past clients, we would encourage you to review our testimonial page.

If you or someone close to you has experienced a wage and hour violation, please call 614-221-4035 to speak with an experienced Columbus unpaid overtime lawyer to discuss your potential claims and rights.

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