Ever since the enactment of the Fair Labor Standards Act (FLSA) in 1938, most Ohio employers have been required to comply with regulations requiring overtime pay. Unfortunately, many companies intentionally violate the law or try to shirk their legal obligations to protect their own financial interests. In fact, the US Department of Labor Wage and Hour Division (WHD) reports an average of around 11,000 unpaid overtime cases every year. While it is encouraging to know that more than 205,000 employees are able to recover back wages for overtime, you may not know where to begin with the legal process.
You can trust our lawyers at Coffman Legal, LLC to assist with your remedies if your Ohio employer is in violation of federal and state overtime laws. Our team has in-depth knowledge of the legal concepts and extensive experience representing employees, so please contact us to schedule a free consultation with one of our Canton unpaid overtime attorneys. Some information about the basics may also help you understand your rights.
Ohio companies are required to pay overtime at a rate of 1.5 times the worker’s regular rate of pay when an employee workers more than 40 hours in a work week. The only exceptions are for independent contractors and exempt employees, i.e., workers in executive, administrative, professional, or position designated by law. There are numerous reasons companies intentionally violate the law or are careless in applying overtime pay regulations, including: The employer misclassifies the worker as an independent contractor or exempt; A restaurant, bar, or other hospitality business improperly calculates overtime for tipped employees; The company does not keep accurate records regarding employee work hours; or The employer forces employees to work off the clock, thereby dropping the number of hours to under 40 per week and avoiding overtime obligations.
You can file a complaint with federal or state officials to enforce your rights to overtime wages, but suing your employer in court is another legal remedy. You may be entitled to obtain overtime wages, plus amounts for liquidated damages, attorneys’ fees, and court costs. The Canton unpaid overtime lawyers at Coffman Legal, LLC can advise you on your options and guide you through the legal process, including such tasks as: Investigating and gathering evidence regarding your claim; Preparing documents necessary to initiate litigation; Attending motion hearings and court appearances on your behalf; Engaging in settlement discussions with your employer in an attempt to resolve your dispute before trial; Requests for documentation and other discovery; Handling depositions; and Representing you at trial.
For more information and personalized details regarding your legal options for unpaid overtime, please contact Coffman Legal, LLC. You can set up a complimentary case assessment with a Canton unpaid overtime lawyer by calling 614-949-1181 orchecking out our website. Once we review your circumstances, we can advise you on strategies and determine how to proceed.