Ohio and Federal Wage and Hour Laws - An OverviewYou have the right to be paid what you are supposed to be paid. Sometimes this means that you should be getting paid for the small tasks that you do before you clock in for you shift and after you clock out. Sometimes this means you are not getting paid for all of the overtime hours you should be getting paid for. Sometimes this means that you should be getting paid the same amount as a member of the opposite sex or a different race who gets paid more than you.
Minimum WageIn Ohio, you have the right to be paid on time, above minimum wage, and in the correct amount (with the number of hours and overtime hours included).
Ohio's minimum wage is currently $8.10 per hour and $4.05 per hour for tipped employees. Ohio's minimum wage automatically increases each year with inflation. If you are a tipped employee and make under $4.05 per hour or make under minimum wage when your tips do not put you over $8.10 per hour, you may have a claim for a wage and hour violation.
If your employer has violated the State or Federal wage and hour provisions, you may be entitled to up to twice the amount of withheld pay and the employer will be responsible for paying your attorneys fees.
Not Paid On TimeThe Ohio Revised Code mandates that wages must be paid at least twice a month (Ohio Revised Code section 4113.15). If the employer does not pay wages within 30 days of them being due, then the employee is entitled to 6% interest on the wages or $200, whichever is greater. There are slightly different rules for employees working on commission. If you have not been paid your wages on time, then contact an attorney to make sure you are paid what you are owed plus all the damages you are entitled to.
OvertimeEmployees are entitled to overtime pay for every hour worked over 40 hours in one work week (or comp time for government employees). There are exceptions to this rule depending on the specific type of tasks that you perform. If you do not think you are being properly compensated for overtime, contact an attorney to make sure that (a) you are eligible for overtime, and (b) you receive all the compensation and damages you are entitled to.
Equal Pay for Equal WorkIf you are being paid a different wage than another employee for a job that requires equal skill, effort, responsibility, and that is performed under similar conditions, then you may have a case for wage discrimination.
Ohio law prohibits discrimination in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work (Ohio Revised Code section 4111.17).
However, an employer will be able to defeat a wage discrimination claim by showing that the difference in pay was a result of:
- A seniority system
- Merit system
- System that bases earnings by the quantity or quality of production
- Or any factor other than race, color, religion, sex, age, national origin, or ancestry