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At Brian G. Miller Co., L.P.A., our Columbus wage and hour attorneys represent individuals, and groups of individuals, in claims against their employers for unpaid minimum wages and unpaid overtime wages.
The Fair Labor Standards Act (“FLSA”) requires employers to pay its employees at least a minimum wage of $7.25 per hour for all hours worked. The FLSA also requires employers to pay its non-exempt employees time and one half for all hours worked over 40 hours per workweek. In addition, Ohio also has wage and hour state laws that govern how much and when an employee must be paid.
Although federal and state law govern how one is paid, employers can still make wage and hour violations. If you feel that you have experienced a wage and hour violation, consulting with an experienced Columbus wage and hour lawyer should be your first step. A skilled wage and hour attorney can help you understand your rights and options for filing a claim. However, below are a few examples of common wage and hour violations:
1) Failing to pay overtime or paying overtime incorrectly
Under the FLSA, a non-exempt employee who works more than 40 hours per week is entitled to “time-and-a-half” of the regular rate of pay. Violations occur when employers fail to pay its employees for overtime earned or fail to pay its employees at the proper rate for over time.
2) Failing to pay for “off-the-clock” work
Employers are required to pay its employees for all hours worked if the employer allows such work to occur. Common violations occur when employers fail to pay for “off-the-clock” work such as balancing registers and cleaning pre-shift or post-shift or when an employer fails to pay employees, such as cleaning crews or technicians, for travel time during work between two or more work sites.
3) Illegal paycheck deductions
Even though some deductions from an employee’s paycheck may be lawful, if those deductions cause that employee to be paid less than minimum wage, it is illegal. This means that deductions, such as those for broken equipment, tools, or other supplies, or as a form of “punishment” are illegal when they will result in the employee being paid less than minimum wage.
4) When a tipped employee makes less than minimum wage after combining tips and regular wages
For employees who traditionally receive tips, the FLSA allows employers to pay its employees at a lower rate, down to $2.13 per hour, so long as the employee makes additional tips, that when combined with his or her wages, result in at least minimum wage of $7.25 or more. In instances where the tips combined with wages do not add up to minimum wage, employers are required to pay the remaining balance so that the employee is receiving at least $7.25 per hour. If your employer has not paid the remaining balance, a violation has occurred. If this has occurred, contact a wage and hour lawyer in Columbus, Ohio to discuss your rights.
5) When the employer is taking all or a portion of its employee’s tips
In addition to the lesser amount employers may pay to tipped employees, employers also may require tipped employees to pay into a “tip pool.” A tip pool is when employees, who customarily receive tips, share tips together. In tip pools or otherwise, employers may not take any portion of their employee’s tips nor may they allow their supervisors or management to share in tips either. When they do, it is a violation of the FLSA. Contact the Columbus wage & hour attorneys at Brian G. Miller Co., L.P.A if you are experiencing these issues.
Under the FLSA, employees are eligible to collect damages two years back from the date of the last violation, and up to three years back under certain circumstances. If an employee is successful in establishing that a violation occurred, the employer must pay the following compensation and expenses:
Determining damages in a wage and hour lawsuit can often be difficult and confusing. Having an experienced Columbus wage and hour attorney can help you understand your rights of recovery.
If you feel that you have faced wage and hour violations in Ohio, please call the Columbus wage and hour attorney at Brian G. Miller Co., L.P.A. at (614) 221-4035 to schedule a free, no-obligation consultation.