Three of the Most Common Wage and Hour Violations

President Joe Biden once said, “We shouldn’t just celebrate the labor of our workers. We should pay them a decent wage.” Every respectable Ohio employment lawyer agrees, and we hope you do too.

As an employee, it’s your right to receive adequate payment for the hours you dedicate to your work. So, if your employer thinks otherwise and violates this right, they need to be held accountable. That’s why we’re thankful that employment laws are in place to protect workers from employers’ misdeeds.

For example, Ohio employment law protects employees from discrimination and on-the-job hazards. It also provides for a minimum wage, the least amount your employer must pay you for your efforts. While some employers in Ohio still violate these laws, the good news is that you can enforce your rights.

This article will explain how employers typically violate Ohio’s wage and hour regulations. You’ll also learn the unique ways that wage violation attorneys can help you fight for your rights. First thing’s first: What’s the Ohio wage and hour law about?

What You Need to Know About Ohio’s Wage and Hour Laws

Fair Labor Standards Act (FLSA) is the federal law regulating wages and hours in the United States. The U.S. Department of Labor (DOL) is the federal agency responsible for administering this law. However, many states, like Ohio, and some local governments, have special rules regarding wages and employment.

“So, which law does my employer have to follow when there are so many?” you may ask.  The answer is simple: the most favorable law to the employee.

In this case, Ohio’s wages and hour laws will apply since it offers a higher minimum wage than FLSA. While the federal minimum wage is $7.25 per hour, Ohio’s hourly minimum wage as of January 1, 2022, is $9.30.

Here is other relevant information about Ohio’s wage and hour Law:

There’s a Different Minimum Wage for Small Employers and Tipped Employees

While the minimum hourly wage in Ohio remains $9.30, it’s lower if you work under a “small employer.”  Small employers are defined as those with gross revenue under $323,000, and these employers can pay their workers an hourly minimum wage of $7.25.

That’s not all; Ohio’s minimum wage is pretty different for tipped employees. Tipped employees usually receive at least $30 in tips regularly. This class of employees is entitled to only half of the state’s minimum wage for the year in question. Currently, that will be $4.65.

You May Be Entitled to Overtime Pay

Ohio follows the Fair Labor Standards Act regarding working overtime. The law mandates that employers pay their workers time-and-a-half for all hours after 40 hours per week.

However, note that this provision only applies to specific types of workers. For example, if you earn below $684 weekly and work in a non-exempt job, the Fair Labor Standards Act entitles you to overtime pay. Employees exempt from this benefit include live-in babysitters, commissioned salespersons, some farm workers, newspaper deliverers, etc.

Are Lunch Breaks Paid?

First, your employers don’t have to give you lunch or rest breaks. However, if they decide to provide short breaks for about 5-20 minutes, they still count as work time. Again, if they expect you to work while on a lunch break, you’re entitled to payment for work done.

Top Three Frequently Violated Wage and Hour Laws

You now know your wage and hour rights in Ohio. Now, let’s get right into the three most common ways your employer may violate them:

1. Failure to Make Overtime Payments

Unpaid overtime is one of the most common wage and hour violations. This typically happens through misclassification and outright refusal to pay for extra work.

For example, besides the employees we already mentioned, other professions like independent contractors, doctors, and managers are also exempt from overtime pay. However, some employers may try to trick the system by misclassifying some non-exempt workers as exempt employees.

Does your employer require you to clock a few minutes before the official resumption?  Do they ask you to perform impromptu tasks after clocking out? Those extra minutes can add up to significant extra hours, and you’re entitled to overtime pay for them.

2. Refusal to Pay Adequate Minimum Wage

Generally, states increase minimum wages to match the rising costs of living. As such, you’re entitled to the newest minimum wage immediately after it becomes effective. Employers who fail to take into effect increased minimum wages violate the state’s wage and hour law.

Another common way an employee may fail to pay minimum wages is through improper deductions. Ohio employment law allows employers to deduct some payments from employees’ paychecks so long it doesn’t affect the minimum wage. If your employer makes deductions that put your wages at less than the legal minimum, that’s a violation.

3. Unpaid Wages

Not only must your employers pay your wages, but they must also pay you when they are due. Sometimes, an employer may deliberately and illegally withhold salaries for selfish reasons.

For example, they may decide not to pay you owed wages as punishment for quitting your job. Whenever your employer withholds your pay for unjust reasons, they’ve violated your employment rights.

Can My Ohio Employment Lawyer Help?

When you have a toothache, you don’t call your plumber. You call your dentist.  The same thing applies when you have an issue with your employer.  When you’re dealing with unpaid wages or overtime, an Ohio employment lawyer is going to be the best person to help.Hux Law Firm knows unpaid wages and overtime law, and our team can give you the right legal advice. 

Ohio Employment Lawyers at Hux Law Firm Have Your Back!

Has your boss been violating your wage and hour rights? Now, you know that you aren’t helpless. You can get maximum compensation for this unfair and illegal treatment with the help of Hux Law Firm.

Do you want to know more about how Hux Law Firm can help you get justice? Then, schedule a free consultation to speak with a wage violation attorney.