Fair Labor Standards Act (“FLSA”) requires that virtually every employee is paid according to the federally mandated minimum wage, currently set at $7.25 per hour (in Ohio the minimum wages has been raised to $8.10 through State legislation). (See What Is Minimum For Wages In Ohio For 2016? – Call The Right Attorney). Paying workers less than minimum wage is wage theft.
The vast majority of Ohio employees are entitled to a minimum wage. This means that in Ohio, your employer must pay you, at minimum, $8.10 for every hour that you work. If an employee is not paid per hour, but instead receives some form of weekly or monthly salary, these salaried wages must also average at least $8.10 per hour each week worked.
Minimum wage violations also often arise when employers require worker to bear the costs of uniforms, tools or equipment maintenance. If your weekly pay less these costs results in you earning less than minimum wage, your employer is liable. For example, if you are being paid $8.10 per hour, but your boss deducts uniform costs from your pay, you are not being paid minimum wage and would have a wage and hour claim against your employer.
- Babysitters on a casual basis
- Companions for the elderly or infirm
- Workers with disabilities
- Federal criminal investigators
- Employees engaged in fishing operations
- Homeworkers making wreaths
- Newspaper delivery
- Newspaper employees of limited circulation newspapers
- Switchboard operators of small telephone companies
- Employees of certain seasonal amusement or recreational establishments
- Seamen employed on foreign vessels
- Farm workers employed on small farms (i.e., those that used less than 500 “man‑days” of farm labor in any calendar quarter of the preceding calendar year)
In Ohio, employers can pay tipped employees an hourly wage of 50 percent of the minimum wage. With the tip credit applied, the minimum direct wage payable to a tipped employee is $3.85 per hour. The tip credit applies only if the employee’s tips and wages bring the total hourly wage up to the state minimum wage. If it does not, an employer must make up the difference in cash.
The FLSA also requires the employer to notify the tipped employees of the intent to treat tips as satisfying part of the employer’s minimum wage obligation. Additionally, tipped employees must retain all of their tips (except when participating in a valid tip-pooling arrangement). This means that if managers, owners, dishwashers, cooks, chefs or others who are not entitled to share in tips share in the tip pool or get a portion of each server’s tips, the employer must pay the employee the full minimum wage of $8.10 – and is liable for the difference in their failing to do so.
You should call our wage theft lawyers immediately if you are searching any of the following:I am not being paid minimum wage.
- My boss is making me pay for uniforms that make my weekly wage lower than minimum wage.
- I am not being paid for hours that I work, which results in me being paid less than minimum wage.
- My paycheck is short.
- What should I do if I am being paid below minimum wage?
- My boss won’t let me go home but won’t pay me for being at work.
- My job is stealing my wages.
- My company is misclassifying me as an independent contractor so it does not have to pay me minimum wage.
- How do I get money that my job owes me?
- Am I being properly paid?
- What is minimum wage in Ohio?
- Can my company pay me less than minimum wage?
If you believe that your employer is not paying you all of your wages, paying you less than minimum wage, unlawfully deducting money from your paycheck, or is otherwise cheating you out of wages requires contact the minimum wage violation lawyers and overtime claim attorneys at The Spitz Law Firm today for a free and confidential initial consultation. You may have a claim under the Federal Fair Labor Standards Act or Ohio Fair Labor Standards Act. The at The Spitz Law Firm will provide you with the best options for your wage and hour pay dispute situation. If you even think that you may be entitled to overtime pay that you are not being paid, call our Cincinnati attorneys at 0 per hour. For example, an office assistant, nurse, or landscaping worker who works 40 hours per week for an Ohio company, but who only receives a weekly salary of $300, will have claim against the employer under the FLSA because the assistant’s hourly wages average less than $8.10.
Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your wage theft claim.