Wage and Hour Attorney Toledo Ohio
The Friedmann Firm wage and hour lawyers in Toledo, Ohio are wholly committed to ensuring that all employees throughout our state are paid at least the minimum wage. This can involve stepping in to make sure that employers are paying overtime, meeting the state or federal minimum wage, and standing up to wage theft from employers.
Common Forms of Wage and Hour Violations
Expecting to be paid fairly for your work is something all workers are entitled to. However, employers sometimes do not pay their employees properly. In 2021 alone, a total of $234,280,603 in back wages were reportedly recovered by the Wage and Hour Division of the U.S Department of Labor.
Common forms of wage and hour violations are:
Minimum wage violations
Federal and state laws require that employers pay their employees a minimum wage for all time spent working. The Fair Labor Standards Act (FLSA) establishes a federal minimum wage. However, if a state’s own minimum wage is higher than the federal minimum wage, your employer is required to pay you the higher amount. Employers may not be meeting minimum wage standards because this can be confusing.
Misclassification of employees
Employees have more protection and rights than independent contractors. Employees are entitled to minimum wage and potentially over time, whereas independent contractors are not. Whether you are an independent contractor or employee depends on the level of control an “employer” has over the work you are performing. It is a complex analysis, and a lot of factors must be analyzed. Some employers may choose to misclassify employees as independent contractors to avoid certain things like having to provide benefits such as insurance and paid time off and paying overtime.
Overtime pay violations
Unpaid overtime is a common wage and hour violation. This can often occur when an employer misclassifies an employee as exempt from the FLSA when they are not exempt and may be entitled to overtime. A non-exempt employee is protected by the provisions of the FLSA. They are entitled to overtime pay for any time worked over 40 hours. Non-exempt employees are exempt from the protections of the FLSA and are not entitled to overtime. Your job duties dictate whether you are exempt from the FLSA – NOT your job title.
Know Your Rights and the Law on Overtime Pay
For the most part, any employees who are paid an hourly wage can expect to be eligible for overtime pay. Overtime pay kicks in once a non-exempt employee have worked over 40 hours in the 7-day workweek.
There are some complex exemptions that can impact if you are eligible to receive overtime pay. If you are exempt from the FLSA, it means that you are not entitled to overtime pay because of your job duties. An example of an FLSA exemption is the professional exemption.
If you are unsure if you should be receiving overtime pay, you can also consult with a lost wages lawyer near Toledo who can help determine if you should be paid overtime.
While the FLSA provides protections for employees at a federal level, there are also state laws that help to protect workers’ rights as well. Ohio overtime laws are outlined in Section 4111.03 of the Ohio Revised Code.
And just as the FLSA outlines, this section states that employers are expected to pay employees an overtime wage rate of “one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek.”
If you suspect that you are not being paid overtime properly or are not earning it when you should be, consider consulting with one of our lost wage lawyers in Toledo, Ohio. We can help to determine if your employer is cheating you out of overtime pay that you are rightfully entitled to.
Why Should I Work With a Wage Claim Lawyer in Toledo, Ohio?
If you are wondering what exactly a wage and hour attorney in Toledo, Ohio can help you with, there are several things we can assist with. We offer initial consultations that allow us to further understand the wage and hour violations you might be facing.
By working with an unpaid wages lawyer in Toledo, OH, you will have our years of experience to help you navigate federal and state employment law.
We handle individual cases and collective action lawsuits when appropriate. Sometimes a single worker will come to us with a problem, such as not receiving their overtime pay or the appropriate minimum wage, and we can explore the possibility of a collective action lawsuit, representing a larger class of people who have been cheated out of their pay.
Here at The Friedmann Firm, our team of wage and hour attorneys takes an aggressive approach to representing our clients.
Working with an experienced wage claim dispute lawyer from Toledo, Ohio can help make the process of handling wage and hour violations easier.
Hire A Local Wage Violation Lawyer in Toledo, Ohio for Your Wage Claim
Here at The Friedmann Firm, LLC, you can easily connect with an experienced wage claim lawyer in Toledo, Ohio. Our team works to represent employees from all industries and walks of life.
You can reach out to our team of Toledo wage lawyers today at 614-610-9755 or through our online contact form to schedule a consultation.
All consultations are free and completely confidential.