Ohio employers are required to pay employees in accordance with federal and state wage regulations, but some fail to comply with the law. This misconduct results in you being cheated out of your rightfully earned wages, and it does occur more frequently than you might think. Statistics on US Department of Labor Wage & Hour Division enforcement efforts reveal that the WHD collects more than $700,000 in back pay from workers every year. This amounts to around $1,120 for each employee whose wages were wrongfully withheld.
Our lawyers at Coffman Legal, LLC are also dedicated to enforcing your rights when an employer fails to adhere to Ohio wage and hour laws. Please contact our firm to set up a no-cost case assessment with one of our Canton wage and hour attorneys, and check out some frequent wage and hour violations that affect your pay.
Federal statutes allow states to set a rate higher than the national minimum wage, so the Ohio Department of Commerce’s Bureau of Wage & Hour Administration provides that employers must pay $8.80 per hour for non-tipped employees. Employers may inadvertently pay a lower rate, but many others intentionally violate the law.
When employees work more than 40 hours in a week, they are entitled to receive 1.5 times their average wage. There are multiple ways Ohio employers engage in noncompliance, such as by: Forcing employees to work off the clock; Not paying for “on call” time; or Improperly classifying employees in executive, professional, administrative, or other exempt categories, which relieves the company of paying overtime.
In Ohio, the minimum wage for workers who receive more than $30 per month in tips is set at $4.40. Employers frequently violate wage and hour laws by misapplying formulas for tip credits or forcing workers to share tips with non-tipped employees.
Besides misclassification issues with respect to overtime exemptions, an employer may break the law by treating an employee as an independent contractor. Note that receiving a 1099 tax form, provisions in an employment contract, and other factors do NOT automatically mean you are a non-employee.
You do have the option of filing a complaint with state officials to enforce your rights as an employee, but there are additional remedies to consider. Our Canton wage and hour lawyers at Coffman Legal, LLC can assist with filing a lawsuit in court, through which you may be able to recover back pay, attorneys’ fees, court costs, and other monetary damages.
If your employer engaged in any of these or other common wage and hour violations, it is essential to retain experienced legal counsel right away. Our team at Coffman Legal, LLC can assist with your remedies and ensure you receive fair payment, along with other damages to which you may be entitled. For more information, please call 614-949-1181 or go online to schedule a free consultation with a Canton wage and hour lawyer.