Dayton, OH Employment Lawyers

Frequently Asked Questions About Dayton Employment Law

• Can I be fired for discussing my pay with coworkers in Ohio?

  No. The National Labor Relations Act protects your right to discuss wages and working conditions with fellow employees, even in non-union workplaces. Ohio employers may not prohibit salary discussions or retaliate against employees for sharing wage information. If your employer has policies against discussing pay or takes action against you for wage-related conversations, you may have a strong retaliation claim.

• Does Ohio require employers to give lunch breaks?

  Ohio does not require meal or rest breaks for adult employees. However, if your employer provides breaks, they must pay you for short breaks (under 20 minutes). Meal periods of 30 minutes or more can be unpaid only if you're completely relieved of work duties. Many Dayton workers don't realize that working through "unpaid" lunch breaks creates overtime violations.

• How does Ohio's Civil Rights Act differ from federal employment law?

  Ohio's Civil Rights Act applies to employers with 4 or more employees, whereas federal Title VII applies to employers with 15 or more employees. This means small-business workers in Dayton have state-level anti-discrimination protections even when federal law doesn't apply. However, Ohio doesn't protect sexual orientation or gender identity at the state level. Those protections come only from federal Title VII.

• Can I record conversations with my employer in Ohio?

  Yes. Ohio is a "one-party consent" state, meaning you can legally record conversations you participate in without telling other parties. This includes recording meetings with supervisors, HR discussions, or workplace conversations. However, recording others' conversations without your participation remains illegal, and employers may still take punitive action against you for recording conversations.

• What should I do if I suspect my employer is violating wage laws affecting multiple workers?

  Don't discuss it with coworkers initially, as this could alert management and prompt document destruction. Instead, quietly document pay practices, save pay stubs, note policy changes, and contact our office for a confidential assessment. We can determine whether your situation warrants individual or class action treatment while protecting your job during the investigation.

• How long do I have to file an employment law claim in Dayton?

  Deadlines vary by claim type. Wage and hour violations under the Fair Labor Standards Act have a 2-year statute of limitations (3 years if willful). Ohio Civil Rights Commission discrimination charges must be filed within 2 years. EEOC discrimination charges must be filed within 300 days. Missing these deadlines usually results in the permanent loss of your legal rights.

• Do I need to file with the Ohio Civil Rights Commission before suing my employer?

  For discrimination claims under Ohio's Civil Rights Act, yes. You must exhaust administrative remedies by filing with the OCRC before pursuing a lawsuit in state court. However, you can file with both the OCRC and EEOC simultaneously through a dual-filing process. Wage and hour claims typically don't require administrative filings before going to court.