Dubbed by former United States President Franklin Roosevelt as “the most important piece of New Deal law”, second to the Social Security Act of 1935, the Fair and Labor Standards Act of 1938 (a.k.a. FLSA or Wage and Hours Bill) initially changed the lives of over 700,000 workers in the United States. Drafted by Senator Hugo Black in 1932, the FLSA has indeed immensely altered the employment world in the United States and has served as inspiration for other nation’s employment laws.
Under the FLSA, the national minimum wage was established; the “time-and-a-half” rule was mandated for overtime work in some jobs; and limitations were set in the employment of minors, especially in certain harsh conditions and industries.
Under the Ohio Revised Code, Title 41, Labor and Industry, every employer shall pay each his/her employee the wage rate of not less than the wage rate specified in the Ohio Constitution (specifically, Section 34a of Article II). Moreover, the Code also states the overtime rate of one and one-half times the wage rate for hours worked above the forty hours within one workweek. Lastly, the Code enumerates the recording requirements for employers which include keeping, for a minimum of three years, all records indicating the name, address, occupation, the rate of pay, the amount paid and the hours worked by each employee.
In Ohio, the regulatory government agency in charge of enforcing the FLSA is called the Wage and Hour Division. Any violation of the Act can result in the WHD requiring the payment of back wages. If there are willful violations, an employee can file a private suit up to three years from the time the violation was committed.
For information, the minimum wage in Ohio on 2014 is set at $7.95/hour for non-tipped employees and $4.05/hour for tipped employees. Employees’ rights to overtime pay depend on how much their employers gross in a year. For those who gross over $150,000, the one and one-half rule for work beyond the forty hour work week applies for overtime rate of their employees.
If you find yourself not being paid the legal wage rate or perhaps being unlawfully required to work overtime without the proper overtime rate, or even being wrongfully terminated or classified, then you might have a case of FLSA lawsuit.
Contact Oliver Law office so your claim can be reviewed. Jami S. Oliver, a leading employment law attorney, specializes in violation cases of the FLSA and Ohio employment labor laws. Oliver Law Office has extensive experience in employment or labor laws. Jami S. Oliver is more than happy to be of service to the people who serve as the backbone of our State’s industries.
Call 614-220-9100 to schedule an appointment.