An old adage is an honest day’s work deserves an honest day’s pay. While this may be true, employers do not always pay their employees correctly. Federal and state laws clearly outlines minimum wages for employees, overtime rules, and more regarding the wages employees should earn for their work. When employers do not comply with these laws, it leaves employees without the proper wages they need to support themselves and their families. Employees who do not receive minimum wages or overtime pay can hold employers accountable, and a Columbus unpaid wages lawyer can help them do it.
The Ohio Minimum Wage Fair Standards Act is regularly updated to reflect the minimum wage employees must earn for both tipped and non-tipped employees. The federal Fair Labor Standards Act also outlines laws regarding overtime pay. Under this Act, most hourly workers are allowed time-and-a-half for every hour worked in excess of 40 hours in a 7-day workweek. Employers sometimes find ways to circumvent these laws, to avoid paying their employees the wages they deserve and in some cases employers may not fully understand the laws.
Not all workers are entitled to minimum wage or overtime pay. For example, independent contractors enter into a contractual agreement with a company about the work they will perform, the pay they will receive for that work, and usually receive a 1099 tax form instead of a W-2 tax form each year. These workers and their contracts are not subject to wage and hour laws. However, companies sometimes misclassify workers as independent contractors who are not entitled to minimum wages or overtime pay. Proper classification as an independent contractor or employee generally depends on the specific duties performs, the degree of control workers have over the manner in which they perform their work, and other factors determined by the IRS.
Certain workers, including high-salary employees and supervisors, are also often considered exempt from overtime law, meaning they are exempt from the laws requiring employers to pay individuals for work performed in excess of 40 hours a given week. Employers may intentionally misclassify employees to avoid paying the wages those employees legally deserve or may not understand the requirements for exempt and non-exempt classifications
Many employers have rules within their workplace that employees must show up for their shift a few minutes beforehand or stay after a shift to complete tasks. This may or may not be a legal practice depending on what the employee is being asked to do when they arrive early and how much time is involved. Under the law, employers cannot force non-exempt hourly employees to complete necessary work that is an integral part of their job without being compensated before or after their regular shift. As long as a non-exempt employee is working for the employer’s benefit, they should be compensated. In some instances employees should be paid if extra time is required before or after a shift to put on or remove special clothing or gear.
If you believe your employer has not paid you minimum wages, overtime, or may have violated the wage and hour laws, it is important that you speak to our Columbus unpaid wages lawyers at Marshall Forman & Schlein LLC. We will evaluate your situation to determine if we can assist in recovering the wages owed. Call us today or contact us online to schedule a meeting with one of our knowledgeable attorneys.
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