Under a federal law called the Fair Labor Standards Act and a similar state statute, employers in Ohio must pay most hourly workers time-and-one-half their hourly rate of pay for each hour worked over 40 hours in a workweek. Even employees who take tips like waitstaff and bartenders must receive overtime pay.
But what happens when a business violates the overtime rules and denies workers the money they are rightfully owed? You can hire a Columbus unpaid overtime lawyer to determine whether you may have the right to file suit against your employer to recoup those wages.
As unpaid overtime attorneys based in Columbus, we see too many instances of workers putting in overtime hours for no additional pay. Occasionally, the problem boils down to poor record keeping or honest mistakes regarding who is eligible to earn overtime pay or exactly how much overtime was worked. Ignorance of the law is not an excuse, nor does it absolve an employer of liability for failing to pay overtime to those individuals who are eligible for it and work over 40 hours in a workweek.
Too many times, however, managers and business owners intentionally break the law by classifying employees as independent contractors, classifying hourly workers as salaried professionals, and improperly collecting and redistributing tips. Some employers require employees to work without pay before and after clocking in and out.
Regardless of why it happens, employees who are cheated out of overtime pay have the right to file complaints with the U.S. Department of Labor and the Ohio Department of Commerce, not to mention filing a lawsuit to recoup unpaid overtime wages. Employees can team up with unpaid overtime lawyers to sue their employer for monetary damages.
Under federal and state law, employees can pursue the following three types of damages for unpaid overtime:
Employers who violate overtime laws may also be ordered to change their policies and practices to avoid similar issues happening in the future. While this not a direct damage award, it does make things better for all workers.
If you need more information about holding an employer accountable for not paying overtime, contact an employment attorney with The Friedmann Firm. Call us at (614) 610-9755 to schedule a free and confidential consultation or connect with us online.