In general, an agreement between an employee and his or her employer for compensation is a matter of private contract. Employees may be paid hourly or a set amount per month or year as a salaried employee. However, the government (both state and federal) has an inherent interest in protecting members of the workplace. Thus, the federal government passed the Fair Labor Standards Act (FLSA) which governs how, when, and for what amount an employee must be paid (at a minimum). Ohio, too, has enacted wage and hour laws that are enforced by the Department of Labor.
There can also be problems with the proper classification of workers. Some workers may be 1099 workers, called consultants or independent contractors. These are governed by IRS regulations and improper classification subjects the employer to liability, including damages and fines.
Other types of classifications governed by the FLSA include exempt versus non-exempt employees (salaried vs. hourly) where the latter (non-exempt) are required to be paid overtime wages for all time worked in excess of 40 hours in one week.
As an employee, you should know your rights. Oliver Law Office is experienced in complex employment issues and has handled numerous class actions and collective actions involving wage and hour violations.
Please call Oliver Law Office at 614-220-9100 to schedule to discuss your options.
614-220-9100 • 7240 Muirfield Dr., Suite 120 Dublin, OH 43017