Under the Fair Labor and Standards Act of 1938 (a.k.a. FLSA or Wage and Hours Bill), the national minimum wage and overtime pay were established throughout the country. In Ohio wage and hour statutes are being enforced. When there are allegations as to the violations of these statutes, employment lawsuits or labor-related lawsuits ensue.
To understand your rights and responsibilities as a worker in Ohio, it is highly recommended to browse and learn Title 41 (Labor and Industry) of the Ohio Revised Code which consequently is rooted in the provisions set forth in the Ohio Constitution, specifically Section 34a, Article II.
Contact Oliver Law Office for consultation with recognized employment law attorney Jami S. Oliver. She will review your circumstances and help you determine the proper legal direction. If you think you have been misclassified by your employer to avoid paying you the compensation you deserve under the law, she will be there to make sure you recover any wages withheld, whether deliberately or accidentally.
Under Ohio employment statutes, Ohio employees should be paid time and a half of their rate once their work hours have exceeded the amount prescribed under the FLSA (i.e., the forty-hour workweek). FLSA rules that there are no overtime violations if employees are exempt. To be exempt, evidence must be shown that said employees dedicate more than half of their time doing qualified tasks (e.g., off-site work or any work that can be classified as professional, administrative or managerial in nature). To help states strengthen the provisions of the FLSA, the Department of Labor has aggressively pursued targets in the enforcement of wage and hour laws, all geared towards the ultimate protection of the workers’ compensation.
In addition, strict and detailed record keeping measures have been institutionalized among businesses and organizations to ensure that names, wages, overtime hours and pay scales are documented. Lastly, under the DOL’s Fair Pay Overtime Initiative, DOL enumerates the criteria an employee must meet to be exempt from overtime pay, a helpful tool also to look into if you are wondering about the classification of your job.
Jami S. Oliver will help you determine if violations have taken place that are protected by the FLSA or State laws. Factors such as the presence of an employer-employee relationship, qualifying employee conditions and the business or work standards are just a few areas which must be considered to establish a valid case. If determined to be not covered under the FLSA, amicable settlement between the employee and employer are usually arrived at as recourse.
If covered under the FLSA, then Ohio residents may be entitled to the same remedies stated under the Federal law for overtime violations. This can include full recovery of unpaid overtime as far back as two to three years from the time of filing plus full payment of all legal fees and expenses.
Oliver Law Office values your empowerment. Call 614-220-9100 to schedule an appointment.