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.
AREAS OF PRACTICE
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
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I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
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