Wage and Hour Settlement Agreement Ohio

Employers have a legal duty to pay their employees fairly and to pay them on time.  There are federal and state laws that afford employees certain protections and benefits when it comes to unpaid overtime, minimum wage, misclassification of employees (classifying an employee as an independent contractor when they are actually an employee), and more. Federal laws like the Fair Labor Standards Act (FLSA), establish employer obligations like recordkeeping, minimum wage, and overtime pay.  That said, employers may not be following the law with regard to how employees are compensated.

Back pay is a very common wage and hour issue. In 2022 alone, the Wage and Hour Division of the U.S. Department of Labor (DOL) helped to recover more than $27.1 million in back pay for food service workers and $9.9 million for building service workers.  Back pay can come in many forms – lost wages, lost overtime wages and other forms of compensation.

Back pay and other violations can lead to employees not being paid on time.  Additionally, violations of federal wage and hour laws usually result in employees not being paid what they are rightfully owed under the law.  Violations of federal and state law can cause major problems for you as an employee.  You rely on your income, and you should be compensated according to the law.  An experienced wage and-hour settlement attorney can help.

At The Friedmann Firm, LLC, our team of wage and hour attorneys will ensure that you are paid at least minimum wage for all hours worked and that your overtime pay, should you be eligible, is paid correctly. We are fully dedicated to standing up for victims of wage theft and educating you on your rights as an employee.

We work with and represent clients throughout Ohio, with offices centrally located in cities like Columbus, Toledo, and Cincinnati. You can reach out to our law firm today to learn more about your options and if you have the ability to pursue a wage and hour claim in Ohio.

What Can You Do if Your Employer Has Not Paid You?

Regardless of why it happens, employees who are dealing with wage and hour issues such as unpaid time or overtime pay have the right to file a complaint. Complaints are typically filed with the U.S. Department of Labor and/or the Ohio Department of Commerce.  Lawsuits are also filed for wage and hour claims on a daily basis.  You may be eligible for a wage and hour lawsuit settlement if your employer has violated federal or Ohio wage and hour laws.

Pursuant to Ohio and federal law, employees have two years to file a lawsuit for unpaid wages. This is called the “statute of limitations.”  This general statute of limitations also applies when it comes to the FLSA and back pay.  Please speak to an attorney to determine what the statute of limitations is for your particular claim.

If you are dealing with unpaid wages or other wage and hour violations because of your employer, it can be beneficial to connect with our team here at The Friedmann Firm. We take an aggressive approach to each case that we take on and we will work to ensure that you receive maximum compensation under the law.

Sometimes, employers simply make mistakes and commit wage and hour violations.  Employment laws are complicated and violation of those laws is not always intentional.  That said, intentional or “willful” violations often occur.  If you can prove a violation of the FLSA is willful, the statute of limitations is extended to three years. “Willful” is a legal term and must be discussed with an attorney, so an attorney can provide clarity as to how it applies to your situation.

Frequently Asked Questions

Can an employer recover overpaid wages in Ohio?

There are certain federal laws that give employers the ability to recover overpaid wages from their employees. This occurs an employer accidentally pays you more than what you are owed. Under the FLSA, employers are able to deduct the full amount of any overpayments from their employees. Deducting overpayments will typically occur from future income, which can result in an employee receiving a paycheck that is less than expected.

Federally, it is not required that employers give employees advance notice of such deductions nor do they need an employee’s permission to deduct funds due to an overpayment.

There are unlawful deductions under the FLSA but if an employee is overpaid, an employer can recoup those funds because they do not legally belong to the employee.

If you notice that you are missing wages, we recommend reaching out to a wage and hour attorney. We can discuss the details of your situation and determine if pursuing a wage and hour settlement in Ohio is the next best step.

What does a wage and hour settlement agreement typically look like?

There are a few different components that typically make up the average wage and hour settlement agreement. Employees can typically pursue the following three kinds of damages:

  • Unpaid wages: This is the amount of money that your employer owes to you. It is the money you have worked for but have not been properly compensated for.
  • Attorney fees and costs: This is an amount that will be paid to your attorneys, as determined by the court, or as defined by your Fee Agreement with your attorneys. A Fee Agreement dictates the financial arrangement between you and your lawyers.  For example, most wage and hour claims are handled on a contingent basis, which means that the attorneys only get paid if the case settles or you receive a favorable verdict at trial.  The Fee Agreement dictates what that fee arrangement looks like, i.e. attorneys retain 30% of the total recovery and you retain 70%.
  • Liquidated damages: Under the FLSA, employees are able to recover back wages and an equal amount in liquidated damages when minimum wage and overtime violations have occurred. Liquidated damages are also called “double damages,” in part because an employee can recover double what is actually owed as per the FLSA.
  • Damages: Just because back pay, attorney fees, and liquidated damages are available under the statute does not mean you will automatically receive 100% of the liquidated damages or the back pay. Settlement usually requires compromise, meaning you may not receive every dollar you are owed but you agree to settle the case in order to avoid uncertainty, losing at trial and receiving nothing, because you want to receive payment sooner rather than later, etc.  Employees decide to settle claims for various reasons – these are just a few considerations.

If you have further questions about what an average wage and hour settlement agreement may look like, please get in touch with our unpaid wages attorneys. We are happy to review your case and answer any questions you may have.

Connect with The Friedmann Firm for Wage and Hour Settlement Agreements in Ohio

If you are facing wage and hour issues in the workplace, it can be prudent to connect with an experienced wage and hour attorney. We can help determine if you have grounds to pursue a wage and hour settlement in Ohio and educate you on your rights. We are here to represent you and ensure that you receive the proper wages that are owed to you.

Here at The Friedmann Firm, our team of lawyers specializes in employment law, and we have successfully represented clients from all industries in Ohio – from wrongful termination and employment agreements to wage and hour lawsuit settlements. No matter how your wage and hour violations arise, you have the right to seek legal remedies.

We will work to hold your employer accountable, either through negotiations or a wage and hour lawsuit settlement. You can connect with our team of attorneys to schedule a free and confidential consultation over the phone at 614-610-9755 or through our online contact form.

Contact Our Wage and Hour Attorneys for Assistance Today

If you need assistance in relation to a wage and hour settlement agreement in Ohio, please contact The Friedmann Firm today. Should we take your case following a consultation, you will receive expert legal representation from our attorneys as we work towards a satisfactory conclusion on your case.