A lawsuit for unpaid overtime wages in Ohio will usually come about when an employer has violated overtime laws that are set forth in the Federal Labor Standards Act (FLSA) for federal law or Ohio Minimum Fair Wage Standards Act.
Overtime pay, as covered by the FLSA, ensures that any employee (as long as they are not exempt) must be paid overtime wages for hours that are worked over 40 in a workweek. This overtime pay will be at a rate that is not less than “time and one-half their regular rates of pay”. An employee’s regular rate of pay is not always only their hourly rate of pay as it could include additional forms of remuneration (or compensation).
An employee can pursue an unpaid overtime wages settlement, often with the assistance of an unpaid overtime wages lawyer, if they are not being compensated fully or properly by their employer. As unpaid wages and overtime attorneys here at Coffman Legal, we know the ins and outs of what can be a complicated issue.
We want to dig a little more into what unpaid wages or unpaid overtime settlements are and what you can do if you are facing unpaid wages.
What is an Unpaid Wages or Overtime Settlement?
An unpaid wages settlement is what you, as an employee, can pursue when your employer owes you wages for hours that you have worked for which you have not been compensated for. An unpaid wages settlement can also take a more specific shape as unpaid overtime settlements in Ohio.
Unpaid overtime settlements in Ohio are specifically where your employer has not properly paid you for the hours that you have worked over 40 hours in a workweek. It is possible that you may not have been paid for all overtime hours worked or you may have not been paid all overtime wages earned for various reasons.
What Can Lead to Unpaid Overtime Settlements in Ohio?
When it comes to a potential lawsuit against unpaid overtime in Ohio, there are several situations in which you may be able to pursue your unpaid wages.
- Your employer has misclassified you as an exempt employee (not entitled to overtime pay) when you are non-exempt (entitled to overtime pay)
- Your employer has misclassified you as an independent contract instead of an employee
- Travel time is not properly compensated, whether you are away from home or traveling during the day as a “principal activity”
- Your employer is paying below minimum wage
- The employer is deducting meal breaks even though employees do not receive a bona fide meal period that was uninterrupted by work
- The employer is requiring uncompensated pre or post-shift work
- The employer unlawfully rounds time worked in a manner that results in the underpayment of wages for hours worked
- An employer requiring off-the-clock-work
Should you believe that you are dealing with unpaid wages, it can be important to reach out to an unpaid wages settlement lawyer at Coffman Legal. Your case will be individual to you and one of our knowledgeable wage and hour attorneys will be able to help clarify your situation and any questions you may have.
How Can I Pursue a Lawsuit Against Unpaid Overtime in Ohio?
There are a number of steps that you can take if you have unpaid wages that you want to recover through a lawsuit for unpaid overtime in Ohio. These steps include:
- Track the hours you have worked to the extent that you are able to do so. It is your employer’s responsibility to keep accurate time records and to pay you for all hours worked. However, if you are able to keep track of your time working, then these records would be helpful to establish the number of additional hours worked in an unpaid overtime lawsuit. Although it is an employer’s responsibility to accurately track time worked and pay for all such work, they blame employees for the employer’s deficiencies.
- Discuss your pay with an unpaid overtime lawyer to ensure that your compensation is reviewed and all possible avenues of recovery are covered. An unpaid wages attorney can ensure that you receive your damages under the law. In addition, the unpaid wages laws provide for the recovery of attorney’s fees, so the cost of an attorney can be covered in whole or in part.
For more in-depth reading on these steps, see our blog here.
A lawsuit against unpaid overtime in Ohio can be a complex issue that may have deadlines that need to be met. Unpaid wages or unpaid overtime attorney from Coffman Legal will be able to guide you through the entire process.
Coffman Legal is Here For Your Lawsuit Against Unpaid Overtime Needs In Ohio
The experienced employment lawyers at Coffman Legal are well versed in handling a variety of lawsuits alleging unpaid overtime in Ohio. We work to hold employers responsible. We have been successful in representing clients that range from health care workers to hourly construction workers and everything in between.
To schedule a free, confidential consultation call us at 614-949-1181 or reach out online today with any questions you may have.