Dayton Wage, Hour, & Overtime
When we work, our employers must give us payment that is fair and fully compensates us for our labor. In addition, our employers must pay extra for any overtime work we put in. While these rules may seem straightforward, many employers can commit acts of wage theft – refusing to pay fairly for your labor or extra for overtime.
If your employer has not rightfully paid you for your work, contact Elk & Elk today to discuss your options. We have the experience, track record, and tenacity necessary to help you secure your back pay.
Why Choose Elk & Elk?
- We have secured over $1 billion in settlements for our clients, including some of the largest settlements in Ohio history.
- Our firm is not afraid to use our resources to help further your claim. We’ll consult with experts, review all pieces of evidence, and interview witnesses to craft a compelling case on your behalf.
- Our attorneys have over 50 years of combined experience in all areas of personal injury and workplace compensation law.
Ohio Minimum Wage Laws
As of January 1st, 2019, the minimum wage for Ohio workers is $8.55. Some exceptions to this rule include tipped workers, such as servers in restaurants, who have a minimum wage of $4.30 with tips that amount to $8.15 total. Federal and state laws require employers to pay minimum wage for every hour worked during every pay period. If an employer fails to pay you minimum wage, you can hold him or her liable through an unpaid wage claim in Ohio civil court.
Ohio Overtime and Work Hours Laws
In the state of Ohio, the workweek is 40 hours maximum. If an eligible employee works more than 40 hours per week, he or she can receive overtime pay. However, not every employee is eligible for overtime pay. The federal Fair Labor Standards Act (FLSA) must cover your employer in order for him or her to pay overtime.
To qualify under FLSA, your business must make over $500,000 in annual sales. Smaller companies who make less than $500,000 qualify under the FLSA if they engage in interstate commerce. Some smaller companies who do not engage in interstate commerce may qualify for the FLSA under certain state laws. Under Ohio law, employers who make more than $150,000 per year must pay overtime.
Not all employees may receive overtime pay. The following exempt employee categories may not receive overtime pay under federal law.
- Independent contractors
- Executive, administrative, and professional salaried employees
- Seasonal amusement and recreational employees
- Outside salespeople
- Camp, religious, or nonprofit educational center employees
- Newspaper deliverers and small newspaper employers
- Small farm workers
- Criminal investigations
- Casual domestic babysitters and caregivers
If your employer does have to pay you overtime and fails to honor your overtime work, you could hold him or her liable through an unpaid wage lawsuit claim.
Legal Options for Workers Seeking Wage Compensation
If you have unpaid wages for overtime, working below minimum wage, or any other wage and hour violation, legal assistance is available. Hiring an attorney from Elk & Elk can assist you in understanding if you have a claim based on applicable state and federal labor laws. In addition, your attorney can help you confront your employer with legal action to attempt to obtain your compensation outside of the courtroom.
If your employer refuses to settle and provide you with the unpaid wages and hours outside of the courtroom, you could file a lawsuit against him or her in Ohio civil court. Your Elk & Elk attorney can help you prepare for this case, gathering all possible pieces of evidence to craft a compelling case on your behalf.
Contact Elk & Elk Today
Has your employer committed an act of wage theft or unpaid overtime in Dayton, Ohio? Elk & Elk can help you reclaim the money you need. Contact us today to schedule your free consultation and discuss your case with one of our Dayton attorneys.