Minimum Wage Attorney in Cleveland, Ohio
Since the late 1930s, the federal Fair Labor Standards Act (FLSA) has required employers to pay each full-time and part-time employee a minimum wage. There are no exceptions, yet some 80 years later, companies and agencies still try to avoid paying workers fairly and legally.
Currently, in Ohio the standard minimum wage across the state is $8.30 per hour; however, employees can be paid $4.15/hour if they also receive tips. If tips do not cover the remaining half of the state mandated minimum wage, employers must increase their employees’ hourly pay to avoid violating the law.
Many of the minimum wage cases we take on as minimum wage attorneys in Cleveland concern this exact problem. Restaurants, bars, hotels, and personal service providers will tell their tipped employees that they can only earn the lower rate. That is against the law, and employers should never be allowed to cheat workers that way.
Other common violations of the minimum wage law include:
- Withholding or taking tips so employees earn only the minimum wage
- Classifying employees as eligible to receive tips when they should not be classified that way
- Classifying full-or part-time employees as contractors who have limited or no rights to demand the minimum wage
- Telling employees who earn commissions that they have no legal standing to demand the minimum wage
- Miscalculating hours worked in order to underpay individuals
- Refusing to pay overtime to workers who earn the minimum wage
- Miscalculating the overtime rate for workers who earn the minimum wage
- Withholding or miscalculating overtime pay for tipped employees
Proving minimum wage violations is simple when the employee can access his or her payroll records. Since an employer will not share such potentially incriminating records without a fight, The Friedmann Firm minimum wage attorneys welcome opportunities to apply the legal pressure needed to obtain evidence of illegal pay practices. Ohio law mandates that an employer produce payroll records upon request.
We also understand that a company or agency that denies the minimum wage to one employee will probably violate the rights of many — perhaps all — employees. Consequently, we approach each minimum wage case as a possible class action or collective action lawsuit. We look for ways to secure back pay and monetary damages for as many workers as possible.
If you suspect or know that your employer is illegally denying you and your co-workers the minimum wage, call us at 440.703.8550. You can also schedule a consultation with a Friedmann Firm minimum wage attorney by completing this online contact form. We fight for equal and fair pay.