What Are Types Of Minimum Wage Violations?
Employers in Columbus are required to pay non-exempt workers at least the minimum wage, and failure to pay the minimum wage can result in the employee filing a wage and hour law violation claim. While you might assume that the only way a minimum wage violation can occur is for an employer to give the employee a paycheck in which the employee is cleared paid an hourly rate below the minimum wage, there are actually many different ways in which employers can violate minimum wage requirements under the Fair Labor Standards Act (FLSA). The following are some of the most common types of minimum wage violations in Ohio.
Paying the Federal Minimum Wage Instead of the Ohio Minimum Wage
Workers in Ohio must receive the Ohio minimum wage of $9.30 per hour. Although the federal minimum wage is only $7.25 per hour, Ohio employers can be in violation of wage laws if they fail to pay the Ohio minimum wage to workers.
Tipped Employees Who Do Not Earn at Least the Minimum Wage
Tipped employees can receive a base hourly pay of $2.13 per hour, but they must earn at least the minimum wage through tips. If a tipped employee does not earn at least the minimum wage with tips, then the employer is required to make up the difference up to the minimum wage.
Paycheck Deductions Resulting in Pay Below the Minimum Wage
Employers cannot make paycheck deductions—even deductions that are otherwise lawful—if those deductions result in an employee receiving less than the minimum wage per hour.
Unpaid Off-the-Clock Work
There are many ways in which employers might violate minimum wage laws by seeking off-the-clock employment. For example, if an employee is on an unpaid meal break, that employee cannot be asked to perform any type of work for the employer during that meal break. Or, for instance, once the employee clocks out, the employer cannot ask the employee to run an errand for work before heading home for the day unless the employee is paid.
Although employers are permitted to round up or down employee hours in certain circumstances, employers cannot round more than 15 minutes and cannot rely on rounding in order to avoid paying for hours or more of work over the term of a worker’s employment.
Day Rate Employees Who Do Not Receive at Least the Minimum Wage
While the FLSA does allow employers in Ohio to pay employees on a day-rate basis, those employees must still be paid at least the minimum wage. To determine whether the employee is paid the minimum wage, the employee can divide the number of hours worked into the day rate to determine the hourly wage. If that hourly rate is not equal to or above the minimum wage, that day-rate employee could be eligible to file a claim.
Contact Our Columbus Wage and Hour Violation Lawyers Today
If you believe you were not paid properly under the FLSA, it is important to speak with an experienced Columbus minimum wage attorney about your case. Depending upon the circumstances, you may be able to file a claim in order to seek damages. Contact Brian G. Miller CO., L.P.A. to learn more about how we can assist you.