Under the Fair Labor Standards Act and Ohio’s Minimum Fair Wage Standards law, employers are required to pay their employees at least the federal minimum wage, unless state law requires a higher wage. Ohio has a minimum wage that must be paid all employees. If you are not being paid correctly contact us today for a free consultation.
In the United States, federal minimum wage has been $7.25 per hour since 2009. Many states have enacted their own minimum wage laws that require a higher minimum wage to be paid to employees by the hour.
In Ohio, the state minimum wage is $8.70 per hour for non-tipped employees and $4.35 per hour for employees who receive tips as part of their wages. For an employer to pay their employees $4.35 an hour, the employees must make at least $30 a month in tips individually, no matter how many hours they worked that month. However, the employees must also make minimum wage with their base rate of pay and tips combined. If they do not make minimum wage between their base pay and received tips, then the employer must compensate with minimum wage pay at the higher rate.
Unfortunately, it is common for employees, especially those working in the service industry, to be paid lower than minimum wage, even when tips are combined with the base rate of pay. It is the employer’s responsibility to ensure that employees are earning minimum wage, whether they are tipped or non-tipped.
Additionally, it is up to the employer to keep proper records of employee information and rate of pay for at least three years. This information is subject to investigation by the state Department of Commerce. Employers must correctly record the rate of pay, hours worked, and amount earned each pay period for every employee on their payroll.
Furthermore, some employers may withhold overtime pay that is owed to employees in order to avoid paying more in wages. Employees are entitled to one-and-a-half times their standard rate of pay for every hour worked over 40 in an established workweek. For example, if an employee earns the state minimum wage of $8.70 an hour normally, they would earn $13.05 an hour for every hour worked over 40.
To determine if you have a failure to pay minimum wage case against your employer, it is important to consult with a minimum wage attorney. Employers may illegally deduct from your paycheck or hours without your knowledge, causing you to lose wages that you are entitled to earn.
All too often employees are taken advantage of by their employers and unknowingly lose out on earned wages or overtime pay. Different industries and jobs are subject to subtle nuances in Ohio’s minimum wage laws, so it is crucial that you contact a lawyer if you believe that you are not being paid correctly under FLSA or Ohio’s Minimum Fair Wage Standards law.
Barkan Meizlish DeRose Cox, LLP are skilled and experienced in helping clients navigate minimum wage laws and build a case to bring forward to an employer not paying them the lawful wage. Gathering documentation through paystubs, bank statements, and timecards can be a difficult task to complete alone, so don’t hesitate to contact our minimum wage attorneys in Ohio to review your case and give you a free consultation.
Our team are prepared to review your case and assist you in seeking compensation and damages for unpaid wages that you may be owed. Contact us today and let Barkan Meizlish DeRose Cox, LLP guide you to recovering wages to which you may be entitled.
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