Unpaid Overtime Lawyer Cleveland, Ohio
Do you believe that you are owed unpaid overtime wages? If so, reach out to an unpaid overtime lawyer in Cleveland, Ohio at The Friedmann Firm to receive a consultation regarding your situation. Some employers simply refuse to pay overtime wages and may be violating the law. These employers choose to disobey the law at their own peril. Our Cleveland Ohio unpaid overtime attorneys make it a priority to secure appropriate compensation for those who are entitled to it.
Both Ohio law (R.C. § 4111.03) and the Fair Labor Standards Act(“FLSA“), require employers to pay time and one-half to employees that work over 40 hours per week. It also allows an employee who is denied overtime to collect what they are owed, as well as reasonable attorneys fees. Furthermore, the law allows for the collection of “liquidated damages” (double the amount you are owed) when the employer fails to demonstrate that their failure to pay overtime was in “good faith.” The burden is on the employer to demonstrate good faith.
Our Cleveland Ohio unpaid overtime lawyers frequently handle violations of the FLSA and Ohio law, including violations like failing to pay minimum wage, failing to pay overtime and misclassification of employees as independent contractors. We also ensure employees are paid for all compensable time. Some instances in which employees are not paid for all compensable time may include time spent on-call, time spent traveling on behalf of the employer and automatic meal deduction policies.
What does it mean to be a non-exempt employee?
If you are a non-exempt employee, your rights are protected under the provisions of the FLSA and you are entitled to overtime pay for all hours that surpass 40 hours per week. If you are unsure as to your non-exempt status, contact a Cleveland unpaid overtime lawyer to clarify whether you are eligible to receive overtime pay. Certain employees are not exempt from the FLSA because of their job duties. To be clear, if you are exempt from the FLSA, you are NOT entitled to receive overtime pay.
Often times, employers tend to misclassify employees as exempt when in reality they are non-exempt employees deserving of overtime pay. Misclassification claims occur frequently and is rather common in the workplace. Our unpaid wage attorneys in Cleveland, Ohio can determine whether your job duties make you exempt from the protections of the FLSA or make you non-exempt and therefore eligible for overtime pay.
There are different types of exemptions depending on your specific job duties. A few particular types of professional exemptions from the FLSA include executive, administrative, professional, computer and outside sales.
Payment of wages is governed by federal and state laws and regulations. The governing body of rules are extensive, and the interaction among them is often complicated. If your employer has not paid you fully for your work, you may be entitled to penalties and, in some cases, attorney’s fees, along with payment of wages owed.
You may have a claim for unpaid wages if your employer has failed to compensate you for the following:
- minimum wage;
- for “off-the-clock” work;
- for time you need to put on or take off safety or other work-related gear or uniforms;
- for accrued vacation time (if required by state law);
- overtime pay for all hours worked over 40 hours per workweek; or
- for travel time during the workday that is related to work (and, in some states, certain travel to and from work).
If you do not fall within one of the exemptions listed on the Department of Labor’s website then you are likely non-exempt and deserve overtime pay. These matters and classifications are rather complicated so make sure to reach out to one of our overtime lawyers in Cleveland, Ohio to fully understand your rights pursuant to the FLSA and Ohio law. Contact The Friedmann Firm by calling 440.703.8550 or find us online to schedule a free consultation.