FLSA Violations in Ohio

FLSA Violations in Ohio

April, 2018

FLSA Violations in Ohio

The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay overtime and minimum wage to their employees. While many employers abide by these laws and treat their workers fairly by paying them for the hours they work, it is also not uncommon for an employer to violate one or more of the FLSA’s provisions. This can have devastating consequences for employees, making it especially important for those who are not being paid a fair wage to speak with an experienced wage and hour violations attorney who can hold the responsible parties accountable.

Minimum Wage Laws

Last year, Ohio’s minimum wage was $8.15 per hour, although tipped employees like waiters and bartenders could legally be paid only $4.08 per hour. However, this is only permissible if employers can prove that the employee receives enough tip credit to reach the minimum wage threshold. Minimum wage laws also apply to salespeople, even if they receive commissions, so if you signed a contract that specified your work as being “commission-only,” and your employer is using that as a justification to avoid paying minimum wage, you should contact an employment law attorney who can ensure that your employer is complying with the FLSA’s strict rules regarding commission-only contracts.

Unfortunately, there are a number of ways that employers attempt to circumvent minimum wage requirements, including:

  • Improperly offering trainee wages to new employees;
  • Purposely miscounting tips and commissions; and
  • Assessing fees and penalties against a person’s pay.

The FLSA protects employees from this type of conduct, so those who can demonstrate that they were not paid a minimum wage can collect back pay, as well as liquidated damages, attorney’s fees, and in some cases, punitive damages.

Overtime Violations

Besides requiring employers to pay the minimum wage, the FLSA also states that employers must pay overtime wages to employees who get paid an hourly wage and who work more than 40 hours a week. The federally mandated overtime rate is one and one-half times an employee’s basic wage for every hour worked in excess of 40 hours. Salaried employees are generally exempt from this requirement, as are the following individuals:

  • Executive employees;
  • Administrative employees, including those who perform office duties;
  • Professional employees, which includes creative and teaching professionals;
  • Outside salesmen;
  • Domestic service employees;
  • Inmates;
  • Dairy farmers;
  • Employees who work for a family member;
  • Employees engaged in livestock production; and
  • Employees who work for amusement and recreational businesses that do not operate for more than seven months a year.

These exemptions are very specific and aren’t always applicable, so even if your employer states that you are exempt from overtime pay, you should still speak with an attorney about your employment rights.

Call Today to Schedule a Strategy Session With a Dedicated Wage and Hour Violations Attorney

To speak with an experienced wage and hour violations attorney about your own case, please contact Marshall & Forman, LLC at (614) 463-9790. You can also reach a member of our legal team by emailing us at info@marshallforman.com or by filling our one of our brief contact forms.