Ohio workers are some of the most productive in the nation. Because you work hard, you should be paid what you were promised.
Unfortunately, many employers fail to pay the minimum wage, refuse to credit overtime work, and cheat workers out of millions of dollars each year. They never get caught—so they see no reason to stop.
There must be some way to stand up for yourself and get paid. It’s only right.
Contact a labor law lawyer at Tittle & Perlmuter today to discuss possible legal responses. Both federal and Ohio laws regulate the labor market and provide detailed rules for employers to follow.
You might have the right to file a claim for compensation, including backpay. Call us to learn more in a consultation at our firm.
Key Ohio Labor Laws
The Fair Labor Standards Act is the main federal labor law, but Ohio laws also protect workers.
Some workers are covered under both laws, while many small employers are covered only by the state law.
Both U.S. and Ohio laws protect against some common violations:
Overtime Violations
An employer must pay overtime to non-exempt workers. You should receive time and a half for all hours worked over 40 in a week. So someone who works 50 hours in a week should receive 10 hours at time and a half. Unfortunately, employers often use different techniques to avoid paying overtime:
- Misclassify a worker as an independent contractor. Independent contractors are exempt from overtime, but employers often misclassify an employee even when the employer controls the workers’ hours and method of working. Let an Ohio labor law lawyer delve into the facts of your employment to determine if you are an independent contractor or really an employee.
- Claim a salaried worker cannot receive overtime. Contrary to popular belief, salaried workers are not automatically exempt from overtime. Instead, we need to look at your salary and the duties you perform. Many salaried workers do indeed qualify for overtime.
- Fail to count all hours worked, especially “off the clock” duties. Some employers require that workers stock shelves at the end of the day or sweep the floors—without pay. Ten and fifteen minutes each day can really add up, depriving workers of hundreds of hours of overtime pay in any year. You should ensure you receive payment for all time worked.
- Offer “comp time” instead of overtime. The law typically prohibits your employer from doing this. Instead, you should receive overtime pay.
If you were illegally denied overtime, our employment lawyer in Cleveland Ohio can seek back pay, liquidated damages, attorney’s fees, and costs.
Minimum Wage Violations
Ohio’s current minimum wage is $10.45 an hour, as of 2024. The amount will increase each year consistent with the Consumer Price Index.
There are limited exceptions for certain employers, or for tipped employees who must receive at least $5.25 an hour (as of 2024). Contact one of our employment lawyers Cleveland if you have questions. For example, a tipped employee should receive at least the minimum wage once tips are counted—and an employer needs to make up the difference.
Were you denied the minimum wage? We can seek liquidated damages and back pay, among other relief. Call Tittle & Perlmuter today to speak with an attorney.
Failure to Pay for Work Breaks
State and federal law do not require that employers offer work breaks. However, workers are entitled to compensation for all work performed during the day. An exception exists for a “bona fide meal break,” which means a worker is relieved from performing any duties for the duration of the break. Some employers, unfortunately, force workers to perform job duties during lunch. When that happens, you should be paid.
Many workers also are given shorter breaks, usually 10-15 minutes. You should receive compensation for these breaks because they are not bona fide meal breaks.
Minors in Ohio might be entitled to a meal break. It depends on the facts, including the number of hours they work in a day.
Call an employment lawyer Cleveland, Ohio to find out more about your rights and if you can receive compensation. If you are not paid for work breaks, then you might be able to file a claim under Ohio labor laws. Tittle & Perlmuter can help.
Paid Time Violations
If an employer offers paid time off (PTO), then they must allow workers to use it. Disputes often arise when a worker leaves a job but has unpaid PTO. Workers naturally want to be compensated for their PTO, while an employer might argue you forfeited it.
Usually, the relevant rules are spelled out in the employment contract or employee manual. Most companies have policies in place discussing what happens to PTO upon separation, but the company might never have communicated the policy. Or they are openly violating their policy and refusing to pay you for time off.
This is a complex area of law. Get targeted advice from seasoned employment lawyers Cleveland at Tittle & Perlmuter.
Ohio Labor Laws Protect Workers from Retaliation
Some workers are afraid to speak up because they fear that an employer will retaliate and possibly fire them. The good news is that you are protected from retaliation. If you lose your job—or suffer any negative employment action, like demotion—we can seek additional compensation with a retaliation claim.
Call us to schedule a confidential consultation. We have other tips you can use. For example, if you suspect retaliation, we can help you document it. No one should suffer any negative employment actions for vindicating their rights under Ohio labor laws.
What Should You Do if You Suspect a Labor Law Violation?
Employers rarely admit upfront that they are stealing from you or denying you paid work breaks.
Instead, they might refuse to answer your questions or emails. What can you do?
Your first step is to get professional advice from an experienced Ohio labor law lawyer. We can advise you about what evidence to seek to build a case.
We can discuss what steps to take. For example, you should document the wage theft. Common evidence includes your pay stubs, employment contracts, emails, or other written communications.
Our lawyers can also investigate and request documentation from your employer.
We can also discuss whether we will file an administrative claim on your behalf or file a lawsuit in court. There are various factors to take into account. Someone without legal assistance could easily file the wrong type of wage theft claim, only to end up frustrated. Many workers are entitled to seek attorney’s fees as part of a claim, so there is no risk involved with reaching out to our firm.
When an employer engages in wage theft, they often steal from other employees. This could be a company-wide problem impacting hundreds or thousands of workers. We can discuss whether you should join together with your coworkers in a lawsuit.
Speak with an Ohio Labor Law Violations Lawyer Today in a Consultation!
Workers are the engine that drives the Ohio economy, but too many are treated unfairly. You deserve to be paid all the wages you were promised by an employer. Helpfully, both state and federal laws protect you with minimum wage, overtime, and other laws.
Speak with an experienced labor law attorney at our firm about your legal rights. We have obtained millions of dollars for our clients, and we know all the excuses employers give for “accidentally” forgetting to pay what their employees are owed. You can trust our legal experience to advocate for your rights.
