You work to earn wages. Sure, there are other benefits to working, like healthcare benefits and the opportunity to socialize with people with similar interests and goals, but for most people, the primary draw of working is earning money.
You have the right to receive the wage your employer agreed to pay you when you were hired. That wage may not be lower than Ohio’s minimum wage of $8.30 per hour or if you do not qualify for this wage, the federal minimum wage of $7.15 per hour. When you are denied this wage or any other wage you are entitled to earn, you are facing a wage and hour law violation.
Your wage rights do not end with the minimum wage. Unless you are exempt from overtime pay under the Fair Labor Standards Act, you are entitled to one and one half times your regular wage for every hour you work beyond 40 hours in a workweek.
Wage and hour laws only apply to employees, not to independent contractors. Independent contractors set their own rates with their clients. Additionally, independent contractors have greater freedom regarding how they work, when they work, and the tools they use to perform their jobs.
Certain employees, such as those who work on small farms, are also exempt from federal wage and hour laws.
Any action that keeps an employee from earning the wage he or she is entitled to earn is a violation of his or her wage and hour rights. Examples of these actions include:
Document every instance of your employer shortchanging you on your wages. Keep every pay stub, every punch card, and every other document that demonstrates that your rights have been violated.
Present these documents to your company’s Human Resources department. If this does not resolve the issue, work with an experienced employment lawyer to file a claim with the Ohio Department of Commerce, Wage, and Hour Bureau. You may be entitled to receive compensation for your damages in the form of backpay, liquidated damages, and coverage of your lawyer and court fees.
You should never accept being paid less than the amount you earned. If you are, your employer is violating your rights. To learn more about your wage and hour rights and how you can pursue compensation for your damages related to this type of violation, contact our team of employment lawyers at Marshall Forman & Schlein LLC today to set up your initial legal consultation in our office.
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