Issues surrounding an employee’s wages, hours and overtime can be a major point of contention between Ohio workers and employers. But employees can rest assured that there are laws governing those issues, and any employee who has questions about his or her rights under those laws should seek legal advice from one of our employment lawyers.
At Robert A. Klingler Co., L.P.A., we focus primarily on representing employees, but also defend employers in overtime law litigation. Our experience on both sides of the table gives us a perspective and insight not shared by firms devoted exclusively to one side or the other.
Wage and hour laws provide basic standards with respect to an employee’s pay and time worked, and they cover many issues, such as minimum wage, overtime, tips, rest and meal breaks, what is considered as time worked and when you must get paid, among other things. The federal law that governs wages and hours is known as the Fair Labor Standards Act, or FLSA, and the state of Ohio also has its own wage, hour and overtime laws. Employers who are subject to more than one law are required to abide by the laws that are more generous to the employee.
Ohio’s Minimum Wage Laws
Currently, Ohio’s minimum wage is $7.95 per hour for non-tipped employees who do not work in occupations in which they normally receive more than $30 in tips per month. The state minimum wage law applies to employers who gross at least $292,000 or greater. But if an employer has gross receipts lower than $292,000, it will have to provide a minimum wage that at least matches the federal minimum wage rate, which is currently $7.25.
The minimum wage for Ohio employees who routinely receive tips of more than $30 monthly is currently $3.98 per hour, plus their tips. Tipped employees should be aware that employers who decide to use the tip credit provisions of the law must be able to demonstrate that the tipped employees are paid at least minimum wage when their wages and tips are combined. If the employee is not reaching minimum wage, the employer will be required and expected to make up the difference. You are also entitled to payment of your wages no less than on or before the 15th and 30th of each month. For more information on wages, contact one of the employment attorneys at our Cincinnati law firm today.
One’s Entitlement to Overtime
With respect to overtime, you must be an “eligible” employee in order to receive overtime pay in Ohio. However, not all kinds of jobs are eligible for overtime. Under the law, an employer will be required to pay overtime at a rate of one and a half times the employee’s wage rate for any hours worked over 40 within one work week, if the employer grosses $150,000 per year or higher. Employers grossing less than $150,000 are not required to pay overtime for hours worked beyond 40.
The laws governing overtime can be very complex due to the fact that there may be a number of provisions that will exempt certain employers and employees. It is important for you as an employee to understand your rights and what is required of your employer in this regard. Unfortunately, some employers use a number of tricks in an effort to avoid paying overtime. However, our lawyers know many of those tricks and we are prepared to help you fight for compensation that is rightfully yours.
Know Your Rights
Disputes revolving around hours worked, wages and overtime law are relatively common. Sometimes the dispute involves a legitimate mistake that can be easily corrected. In other circumstances, however, an employer may knowingly cut into what is rightfully yours and refuse to take remedial measures.
As an employee, the law gives you certain rights that must be upheld concerning wages, hours and overtime. At Robert A. Klingler Co., L.P.A., our experienced employment attorneys are prepared to protect your rights and best interests.
Do You Have a Case?
Our lawyers will help you determine if you have a wage, hour or overtime law case against your employer. We will provide you with a clear picture of your options. Although we strive to resolve your employment law concerns through negotiation, we are also fully prepared to go to trial to protect your rights. Contact the attorneys at Robert A. Klingler Co., L.P.A. to discuss how we may be of assistance.