Minimum Wage and Overtime

Recover Unpaid Wages

Our attorneys provide advice and representation regarding employment issues, including:

• Unpaid overtime compensation - Unless exempt, employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
• Unpaid meal and rest breaks - Ohio law and federal law do not require that an employer provide any breaks (except for minors) for any duration. However, breaks of a short duration, running from 5 minutes to about 20 minutes, are common in the work place.
• Minimum wage violations - Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000
• Payroll deductions - Certain payroll deductions are required by law. An employer is required to take income taxes, Social Security taxes, and similar taxes out of an employee's paycheck. Voluntary deductions are only lawful if the employee has authorized them in writing.
• Improper classification - The IRS states that misclassifying workers as independent contractors adversely affects employees because the employer's share of taxes is not paid, and the employee's share is not withheld. If a business misclassified an employee, the business can be held liable for employment taxes for that worker.
• Commissions not paid - Ohio's wage and hour laws state that even if an employee is fired, quit, or still working for the company, the employee is entitled to all earned commissions.