The laws regarding pay in Ohio can be complicated. Every state is different, with different minimum wage laws and requirements.
However, all employees must be paid for time worked. Off-the-clock violations are common in many companies trying to cut corners. When employees are not paid the proper wages, they can file a lawsuit and seek compensation. Whether you are an employer or employee, talking to a Newark wage and hour attorney from Marshall Forman & Schlein can help you understand your legal rights.
In 2022, minimum wage increased to $9.30 an hour in Ohio. For tipped employees, the minimum wage has increased to $4.65 an hour. However, these changes are based on annual revenues. Only companies with gross receipts of more than $342,000 per year must follow these new minimum wage laws. For companies with annual gross receipts under $342,000, the minimum wage remains at $7.25 per hour. Those who are 14 and 15 years old are also paid at $7.25 per hour.
The standard work week consists of 40 hours. When an employee works beyond 40 hours in a seven-day period, then they typically are paid at an overtime rate. Each hour of overtime must be paid at a rate of 1.5 times the hourly rate, so a person who earns $20 an hour would receive an overtime rate of $30. However, there are some exceptions. For example, salaried employees and independent contractors are not entitled to overtime pay.
When an employer fails to properly pay overtime to an employee, they may be sued and ordered to pay damages such as back pay, court costs, and attorney’s fees.
What about breaks and lunches? Are employers required to provide them and pay for them? Believe it or not, they are not required under state or federal law. Employers are not required to provide them, although many do. The terms of the breaks and/or meal periods must be agreed upon by the employee and employer. Many companies in Ohio do allow for one paid 10- or 15-minute break per shift. If the employee is working at least a seven-hour shift, they may be given a 30- or 60-minute meal period, which is typically unpaid.
The only exception is for minors. In Ohio, those under the age of 18 must be given at least a 30-minute break for every five hours of continuous work.
Ohio employees need to be paid in accordance with the law. When they are denied proper pay, they can sue their employers and receive other forms of compensation such as court costs and attorneys fees.
If your employer is not complying with the law, see how the employment law attorneys at Marshall Forman & Schlein can help. Contact our office today to schedule a consultation. Call our office today or fill out our online form.
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