An Ohio Wage Law Attorney Provides Details
Federal and state laws protect the rights of workers to receive overtime pay when they work in excess of 40 hours in a week. But there are still employers who try to ignore these laws and pay workers less than they deserve. When this happens, workers have the right to take legal action to recover unpaid overtime.
In November, 61 workers at a Fayetteville, North Carolina motorcycle repair and sales company received wages owed to them after their employer tried to avoid overtime requirements.
Violations of Federal Law Discovered
After an investigation, the U.S. Department of Labor’s Wage and Hour Division found that Flip My Cycle Inc.:
- Failed to keep accurate records
- Failed to pay proper overtime
- Tried to avoid overtime requirements by labeling extra hours as bonuses, miscellaneous pay, or commissions
- Failed to include performance bonuses in the computation of overtime pay
- Paid straight-time pay for overtime hours in violation of the Fair Labor Standards Act (FLSA).
As a result of the investigation, the workers recovered $48,315 in back wages and $48,315 in liquidated damages, for a total of $96,630.
Wage and Hour Division District Director Richard Blaylock, based in Raleigh, North Carolina, said overtime violations have harmful effects.
“Employers who fail to pay workers all their hard-earned wages make it harder for workers to make ends meet, and the employer gains an unfair advantage over their competitors who comply with the law,” he said.
If you're a worker who believes you're not getting paid properly, contact our law firm to learn your legal rights and options.
Fighting for Workers in Ohio
FLSA requirements for overtime pay include:
- Eligible employees must be paid overtime at a rate of not less than time and one-half their regular rates of pay.
- A workweek is a fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods and can begin on any day or at any hour.
- The employee’s regular rate of pay can’t be less than minimum wage.
- Earnings can be determined on a piece-rate, salary, commission, or another basis, but overtime pay must be determined on the basis of the average hourly rate derived from these earnings.
- If an employee works at two or more different types of work at different rates in a workweek, the regular rate for the week is the weighted average of the rates.
Overtime laws in Ohio are very similar to federal laws. If your employer did not pay you overtime for extra hours you worked, it’s important to get trusted legal advice as soon as possible from an experienced wage and hour attorney.
At Nilges Draher LLC, our lawyers take your case seriously. We know how to handle complex cases and have a record of getting results. This includes more than $30 million recovered in unpaid wages. We have also recovered a $5.9 million settlement for workers in a class action case involving unpaid overtime.
Learn more about how we can help by contacting us to schedule a free consultation. We can review the details of your case and go over your legal options.