WAGE AND HOUR
When a business hires employees, they are mandated by both state and federal law to fairly compensate those individuals for the work they complete based on their contracts. However, employers are known to undercut employee’s wages in order to boost profits. This happens in big corporations and even small mom-and-pop businesses. If you are experiencing issues with your wages, it is important to speak with a Toledo wage and hour attorney at Coffman Legal, LLC so that we can help you hold your employer accountable for the errors.
As of 2021, Ohio has a minimum wage of $8.80. Those minors who are under the age of 16 do not have to be paid the Ohio minimum wage, but they must be paid at least the federal minimum wage, which is currently $7.25. If a tipped employee routinely earns more than $30 a month in tips, then the $8.80 minimum wage does not apply. Some ways that employers avoid paying workers include paying them for fewer hours than were actually worked, by not including scheduled bathroom breaks into the time worked, and docking employees for items they need to complete their job that should be provided by the workplace.
According to Ohio Statute 4111.03, employers are required to pay overtime at a rate of time and half to any employee who works for an excess of 40 hours in an individual work week. There are exceptions to this law for certain fields, such as agriculture employees and motor carrier employees. If an employer grosses less than $150,000 annually, then they are exempt from having to pay overtime.
Prevailing wages are the average or standard wages paid to other similarly employed workers in a specific job setting such firefighters or contractors on a public works project. Ohio states that prevailing wages apply for any new public works construction project that is over $250,000 and any reconstruction public works project that exceeds $75,000. If you believe your employer is not paying you according to the prevailing wage, you need to seek legal counsel.
If an employee is regularly making $30 a month in tips, the employer can choose to pay less than minimum wage. The minimum wage for tipped workers is $4.40 per hour. Tipped employees can also be unfairly treated if the employer does unlawful deductions, unlawful tip pools, or fails to pay overtime.
If you are talking to your fellow co-workers and realize that you are all being denied fair wages, you can file a lawsuit together. This joint lawsuit is called an FLSA collective action. Having numerous employees with similar wage complaints can strengthen the case against the employer.
There are numerous ways an employer can avoid paying fair wages to those who work for them. It does not matter if the wage errors are intentional or simply careless mistakes. You have the right to seek legal action against your employer to be fairly compensated for your work. The Toledo wage and hour attorneys at Coffman Legal, LLC can help. Call us today at 614-949-1181 to schedule a free consultation.