What if my employer fails to pay me overtime or minimum wage?

What if my employer fails to pay me overtime or minimum wage? Ohio FLSA Attorney

Our Ohio FLSA Attorney fights for your right to recover unpaid overtime or other wages you are due.

As an Ohio FLSA attorney, employees are not always classified as employees and/or paid minimum wage or overtime wages. However, the penalties for unpaid overtime wages are steep.

The Fair Labor Standards Act (FLSA) mandates that public and private employers compensate non-exempt employees at least federal minimum wage and overtime compensation of one and one-half times their hourly rate for each hour worked in excess of 40 per week.

Although the FLSA requires that employees be compensated at least the federal minimum wage, it provides that if employees are entitled to minimum wage under the federal and a state law, they are to be compensated at the higher rate. Thus, in Ohio non-exempt employees are entitled to Ohio’s state minimum wage rate. As of July 24, 2009, the federal minimum wage is $7.25 per hour for non-tipped employees. However, Ohio’s minimum wage is presently $8.15 per hour for non-tipped employees. Under federal law, tipped employees must be paid $2.13 per hour (and if they do not at least make minimum wage with their tips, the difference between what they make and what they are required to make to earn at least minimum wage). Under Ohio law, tipped employees are to earn the minimum of $4.08 plus tips.

The FLSA exempts certain employees from the requirements of the FLSA based upon their job duties. Oftentimes, an employer may misclassify an employee as exempt from the FLSA in order to avoid paying the employee in accordance with the FLSA. However, an employer cannot unilaterally make the election for the status as exempt or non-exempt.

The following is taken from: http://www.dol.gov/compliance/guide/minwage.htm

The following are examples of employees exempt from both the minimum wage and overtime pay requirements:

  • Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor’s regulations) 
  • Employees of certain seasonal amusement or recreational establishments
  • Employees of certain small newspapers and switchboard operators of small telephone companies
  • Seamen employed on foreign vessels
  • Employees engaged in fishing operations
  • Employees engaged in newspaper delivery
  • Farm workers employed on small farms (i.e., those that used less than 500 “man‑days” of farm labor in any calendar quarter of the preceding calendar year)
  • Casual babysitters and persons employed as companions to the elderly or infirm

The following are examples of employees exempt from the overtime pay requirements only:

  • Certain commissioned employees of retail or service establishments
  • Auto, truck, trailer, farm implement, boat, or aircraft salespersons employed by non‑manufacturing establishments primarily engaged in selling these items to ultimate purchasers
  • Auto, truck, or farm implement parts‑clerks and mechanics employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers
  • Railroad and air carrier employees, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans
  • Announcers, news editors, and chief engineers of certain non‑metropolitan broadcasting stations
  • Domestic service workers who reside in their employers’ residences
  • Employees of motion picture theaters
  • Farmworkers

Certain employees may be partially exempt from the overtime pay requirements. These include:

  • Employees engaged in certain operations on agricultural commodities and employees of certain bulk petroleum distributors
  • Employees of hospitals and residential care establishments that have agreements with the employees that they will work 14‑day periods in lieu of 7‑day workweeks (if the employees are paid overtime premium pay within the requirements of the Act for all hours worked over eight in a day or 80 in the 14‑day work period, whichever is the greater number of overtime hours)
  • Employees who lack a high school diploma, or who have not completed the eighth grade, who spend part of their workweeks in remedial reading or training in other basic skills that are not job specific. Employers may require such employees to engage in these activities up to 10 hours in a workweek. Employers must pay normal wages for the hours spent in such training but need not pay overtime premium pay for training hours.

The above information does not detail every exemption from the FLSA. However, the takeaway should be that the status of your employment as exempt or non-exempt from the FLSA is dependent upon the circumstances of your employment. If you: (1) are not being paid overtime; (2) are not being paid all of your overtime; (3) believe have been misclassified as exempt; or (4) otherwise question the circumstances of your compensation, you should consult with an Ohio FLSA attorney immediately so that they can determine if your rights have been or are being violated.

Our Ohio FLSA Attorney is here to provide you with a free consultation to review your circumstances to determine if there is a violation of the FLSA or Ohio law. If there is a violation of the FLSA, you may be entitled to recover unpaid wages, liquidated damages, attorney’s fees, and costs so it is very important to speak with an experienced Ohio FLSA attorney to determine your right to recovery. Our Ohio FLSA Attorney will fight for you. Contact our Ohio FLSA Attorney for a free consultation at 1-614-949-1181 today.

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