Few professions are more crucial to the wellbeing of Ohio residents than nursing, particularly those who work in hospitals and provide in-home care. However, wage and hour violations are prevalent in virtually every line of work in Ohio, and nursing is no exception.
Nursing do not have the benefit of numerous state and federal laws that protect their labor rights. However, that does not give companies the green light to take advantage of them. A competent nursing wage violation lawyer could make the case for your recovering damages because of this mistreatment. Call Tittle & Perlmuter today for a free consultation on your case.
Combatting Minimum Wage and Overtime Violations
Currently, the minimum hourly wage for most non-tipped employees in Ohio is $8.70 under state law. The only exceptions are employees under the age of 16 and employees of a company that makes less than $319,000 per year in gross revenue. People in those situations earn no less than $7.25 per hour in keeping with the federal minimum wage.
In addition, Ohio Revised Code §4111.03 establishes overtime provisions similar to those set by the federal Fair Labor Standards Act (FLSA). All non-exempt employees must be paid time-and-a-half for each hour over 40 that they work in a week.
If a non-exempt nurse is paid less than the required minimum wage for their position, or is not compensated at a time-and-a-half rate for overtime hours, or is misclassified as a worker who is exempt from coverage under these regulations, they might be owed back pay as well as certain other damages. Legal counsel could help anyone in the Ohio nursing industry affected by this kind of wage violation take appropriate action in court.
Failing to Compensate On-Call Time Appropriately
Even after their scheduled shift ends, many nurses must remain on call in case they are needed for a medical emergency. Depending on the circumstances under which a nurse remains on call, those hours could be considered working hours, for which they are owed compensation.
Under 29 Code of Federal Regulations §785.17, if an employee on call is allowed to go shopping, sleep, and perform other personal tasks, they would not be owed compensation for those hours spent on call. Conversely, an employee on call is working if they are required to remain at their workplace or close enough to it that it hinders their ability to live their life freely. These employees are thus owed compensation for hours spent on call. Nurses who spend a great deal of time on call or who are unable to live normal lives while on call may be owed back pay for wage theft.
