Labor Attorney Cleveland, Ohio
Employers and employees intend to have an equitable relationship. However, there are times when this is not the case. If you suspect your employer has committed labor law violations, it is time to contact a legal professional at The Friedmann Firm. Our experienced Cleveland labor attorneys will fight for your rights to ensure you are treated fairly.
What is the Fair Labor Standards Act (FLSA)?
The FLSA is a United States Federal law that protects workers by setting a minimum wage, requires “time and a half” overtime pay for workers who put in more than 40 hours in a week, regulates recordkeeping, as well as prohibits oppressive child labor affecting both full-time and part-time time workers either in the private sector or in local, state, or federal governments.
Your employer is required to pay employees at least the federal minimum wage. Exceptions are made for tipped employees, and the FSLA makes special rules for how these employees are paid. In the state of Ohio, covered non-exempt workers are entitled to a minimum wage of not less than $8.30 per hour effective January 1, 2018. Your employer is also not allowed to make deductions for cash or merchandise shortages, tools, or uniforms to the extent that the deductions reduce wages below the minimum required rate or reduce the amount of overtime pay due under the FLSA. Employers are also prohibited from sex-based wage differentials between men and women who perform jobs that require equal skill, effort and responsibility, under similar working conditions.
A tipped employee is one who consistently receives more than $30 per month in tips and is entitled to at least $2.13 per hour in direct wages ($4.15 in the state of Ohio). If an employee’s tips combined with the employer’s direct wages do not equal the hourly minimum wage, the employer must make up the difference. An honest day of work deserves an honest day of pay. If your employer is not properly compensating you as a tipped employee, you need to contact our Cleveland employment attorneys immediately as this is a serious violation of your rights.
Exemptions to the FLSA
Some employees are protected by the FLSA, while others are not. This is determined depending on if you are non-exempt or exempt. If you are non-exempt, you are protected by the FLSA. If you are exempt, you are not protected by the FLSA. Some employees are exempt from the overtime pay provisions, while others are exempt from both minimum wage and overtime pay provisions.
Because exemptions from the FLSA are generally narrowly defined, “misclassification” can be a very serious issue. This happens when your employer has classified you as exempt, but you are in fact a non-exempt employee and therefore you are covered by the FLSA. It is recommended that you consult a Cleveland, Ohio labor attorney if you are not sure about your classification.
Have your rights been violated?
A dishonest employer can take advantage of you if you do not know your rights. Have you been denied wages or overtime pay? You work hard and deserve your compensation. The caring and experienced Cleveland Ohio employment attorneys at The Friedmann Firm will fight your rights. We know labor and employment laws and are well-versed in dealing with workplace issues. We always offer free consultations, call our office today at 440.703.8550 to schedule an appointment with an Ohio labor attorney.