WAGE & HOUR
Employers are obligated to compensate their employees fairly under employment contracts and by state or federal laws. Yet, employers big and small routinely undercut their employees’ wages. Whether your employer made a mistake due to negligence or is intentionally withholding payment, the only way to receive what is rightfully yours is by working with an attorney. The Dayton wage and hour attorneys at Coffman Legal, LLC will hold your employer accountable.
Ohio’s minimum wage is currently $8.80 in 2021. The only exceptions for hourly workers to receive less than this are minors under the age of 16, who must be paid at least $7.25 per hour (the federal minimum wage), and tipped employees who regularly make over $30 a week in tips. Deviant employers will create any excuse or attempt to find workarounds to avoid fair payment, including paying the employee for fewer hours than they actually worked, “docking paid time” for bathroom breaks, or docking the employee for tools or items needed to complete their job, such as charging the employee for the cleaning of a uniform.
Ohio law requires employers to pay overtime at a rate of time and a half for all hours exceeding 40 in a single work week. The only exception to this is for employers who gross less than $150,000 per year.
According to the Department of Labor, a prevailing wage is “the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” When working on state and federal public projects, construction and trade laborers are entitled to the prevailing wage. Employers who refuse to pay this wage, or who withhold wages or overtime, can be held accountable.
“Tipped workers” are employees who regularly earn at least $30 a month in tips, and therefore can be paid less than the regular minimum wage. In fact, tipped employees can be paid as little as $4.40 per hour. There are many ways in which employers can treat tipped employees unfairly when it comes to wages, including unpaid wages, unlawful tip pools, unlawful deductions, and unpaid overtime.
An FLSA collective action enables strength in numbers when an employer has been taking advantage of their entire workforce. If your employer has been denying fair wages to you and your coworkers, you can file a lawsuit on behalf of all those who are concerned.
Unfortunately, the only way to ensure that your employer finally pays what you are owed is to bring legal action against them. Do not hesitate to contact our Dayton wage and hour attorneys at Coffman Legal, LLC today at 614-949-1181 to schedule a free consultation.