Every worker deserves to receive compensation for their time and labor. For almost one hundred years, the federal government has mandated that employees receive a minimum level of pay. Over time, state governments, including Ohio’s, have expanded minimum wage protections.
Unfortunately, many employers do not comply with these laws. Through incompetence or malice, employers may fail to pay their workers at the rate mandated by state and federal laws. Minimum wage violations give employees the right to file a complaint with the state or to pursue private lawsuits with the help of an experienced attorney.
If you were wrongfully told you were an independent contractor, not paid enough between wages and tips, or had work-related supplies unfairly deducted from your pay, filing suit may be in your best interest.
An Ohio minimum wage violation lawyer could inform you of the applicable laws and, if necessary, help you assert your rights in negotiation or court proceedings. To schedule a consultation about your potential case, call today.
Understanding the Minimum Wage
As of 2020, the minimum hourly wage under Ohio state law for non-tipped employees is $8.70 an hour, and the minimum hourly wage for tipped employees is $4.35 per hour. Due to a referendum passed by state voters in 2006, these minimum standards rise every year based on the national Consumer Price Index, so the applicable minimum wages today will likely be a bit higher.
However, these state-level minimum wages only apply to employers that bring in more than $319,000 per year in gross revenue. Any company with a lower annual revenue may only abide by federal minimum wage laws, which set minimum hourly wages at $7.25 for non-tipped employees and $2.13 for tipped employees.
It is important to note that if an employee’s tips combined with their hourly wage do not equal at least $8.70 per hour—or $7.25 per hour for smaller businesses, as noted above—their employee must make up the difference. Furthermore, it is illegal for employers to deduct equipment expenses from a worker’s pay if it drops their hourly wage below the minimum standard. An attorney could help a local employee file suit for appropriate backpay and other damages if they suspect their employer of minimum wage violations.
Minimum Wage Exceptions
Although these laws guarantee a minimum wage for many employees, there are several exceptions. This means that the following people are exempt:
- Salaried workers that meet statutory exemptions
- Those who earn tips and commissions
- Agricultural workers
Small businesses that earn less than $319,000 in a year can also circumvent the state’s minimum wage requirements. A local attorney at our firm can work with employees to determine their protections under the law and evaluate whether a minimum wage violation has occurred.
Violating Minimum Wage Laws
There are several ways an employer could violate state or federal minimum wage requirements. The most obvious scenario involves an employer hiring a worker for a wage that is below state or federal requirements. This form of violation is not that common, but employers often find creative ways to violate minimum wage laws.
One way an employer could violate the law is forcing an employee to perform additional work off the clock. Employees who work on their break or before their shift are technically earning less than they are owed.
Paycheck Deductions
One other notable way that some employers violate minimum wage laws is through deducting items from an employee’s paycheck. It is common and legal for employers to deduct the cost of their employer’s uniform from their paycheck. However, federal law does not allow these deductions to be so steep that they push the worker’s take-home wage below the minimum.
Many workers may not realize the lengths their employer has gone to in shortchanging them. In some cases, employees may not have any idea that what their superiors have done is illegal. Ohio workers who are suspicious of minimum wage violations should discuss their options with an attorney right away.
Taking Legal Action Against Illegal Wage Theft
Aside from the revenue-based exemption, there are a few other circumstances in which Ohio employees are not bound by state or even federal minimum wage laws. However, these circumstances are specifically defined, so workers should be wary of unscrupulous employers citing these exemptions as they may not be applicable to their situation. If a minimum wage violation stems from intentional fraud on the part of an employer, they could even be held liable for punitive damages.
While it is possible to file suit over a single violation, it is extremely rare for this kind of minimum wage theft to only impact one worker. Often, a few dollars are stolen from dozens or hundreds of workers to add up to thousands of dollars in lost income. A hardworking attorney may be able to help many impacted workers in Ohio pursue restitution for minimum wage violation through class action litigation. In addition to backpay, a dedicated legal representative could factor court costs and interest on withheld wages into a settlement demand as well.
Collecting Compensation for Minimum Wage Violations
Workers who believe they have received less than their fair share of wages have two options. The first is to file a complaint with the Department of Commerce’s Bureau of Wage and Hour Administration. The Department will then investigate the employer’s wage violations and may even file a lawsuit on behalf of a worker.
The second option is to pursue a private lawsuit. Wage theft due to a failure to pay minimum wage is an actionable offense that gives people the right to demand compensation in civil court.
Though employees may have their complaints investigated by the Department of Commerce at no cost to themselves, going this route has certain downsides. Investigations go back only two years, are often lengthy, and may end in rejection. Additionally, recovery is limited to the minimum wage for the hours that are found to be unpaid. By contrast, private actions carry a three-year statute of limitations, and a successful case could result in the payment of back wages, along with liquidated damages and reimbursement for attorney’s fees and court costs.
Speak with an Ohio Minimum Wage Violation Attorney Today
Companies in America steal billions of dollars from their employees every year through various acts of wage theft. Failure to pay the minimum wage is one of the most common violations. If you were wrongfully told you were an independent contractor, not paid enough between wages and tips, or had work-related supplies unfairly deducted from your pay, filing suit may be in your best interest.
An Ohio minimum wage violation lawyer could inform you of the applicable laws and, if necessary, help you assert your rights in negotiation or court proceedings. To schedule a consultation about your potential case, call today.
