Employers have immense power over their employees, particularly in an economy where wages have stagnated for decades and workers sometimes have to be highly competitive just to land minimum wage jobs. As such, many employers cut corners to increase their profits, and break the law when it comes to minimum wage practices. According to the Bureau of Labor Statistics, 1.8 million Americans are paid less than the federal minimum wage of $7.25 per hour. Here in Ohio alone, nearly 100,000 workers are being paid less than the state minimum wage, according to the Dayton Daily News. If you are not being paid the required minimum wage, our Dayton minimum wage violations attorneys at Coffman Legal, LLC will hold your employer accountable.
Regular employees—$8.80 per hour; Tipped employees (who regularly earn at least $30 per month in tips)—$4.40 per hour; Regular employees under the age of 16—$7.25 per hour (federal minimum wage); and Employees who work for an employer who grosses less than $323,000 per year—$7.25 per hour (federal minimum wage). The state minimum wage increases nearly every year, and your employer’s payments must always reflect at least the current minimum wage.
Unfortunately, the law does not protect all workers when it comes to fair wages. The minimum wage does not apply to the following types of employees: Federal employees; Baby-sitters; Newspaper deliverers; Hospital charity workers; Live-in companions to sick or elderly people, if the employee’s main duties are not related to housekeeping; Employees working at a nonprofit camp for children; Police and firefighters; Students employed by the government on a part-time or seasonal basis; People employed directly by the house of representatives or senate; and In some cases, employees who are employed by a motor carrier transporting property.
There are many ways in which employers fail to pay the state or federal minimum wage. These include, but are not limited to, the following: Simply paying less than the hourly minimum wage, hoping that no one will notice; Withholding hours; Failing to pay for periods of time; The employer lies about their gross earnings (claiming that they gross less than $323,000 per year so they only have to pay the federal minimum wage); Making deductions from a paycheck that lowers the hourly rate to less than minimum wage; and Misclassifying an employee as a tipped worker, or taking the wrong tip credit.
If your employer is not paying you the minimum wage, you have the ability to file a claim for your damages. These damages include the recovery of all of your unpaid wages times two, in addition to liquidated damages and attorney fees. To discuss your options with a Dayton minimum wage violation attorney at Coffman Legal, LLC, call us today at 614-949-1181 to schedule a free consultation.