Overtime Lawyers in Cleveland Ohio
The attorneys at Tittle & Perlmuter have helped employees in Ohio and nationwide recover fair wages owed to them by wrongdoing employers. We pursue claims under several laws designed to protect employees. They include the Fair Labor Standards Act (FLSA), the Ohio Constitution, and Ohio’s Minimum Fair Wage Standards Act. We have represented clients for unpaid overtime and minimum wages. Our firm has experience handling individual cases and class or collective actions. These laws cover such issues as:
- Misclassification of employees as independent contractors
- Misclassification of employees as exempt from overtime pay
- Improper calculation or payment of regular and overtime wage rates
- Improper deductions from salary
- “Off the clock” work requirements
- Improper deduction regarding meal or break periods
- Failure to pay for work travel time
- Failure to provide required breaks
- Not paying wages in a timely fashion
- Improper credit, deductions, or overtime pay for tipped or commissioned employees
Learn More about Common Wage & Hour Violations
To understand whether you have a valid wage & hour claim, it is important to talk with a knowledgeable attorney. At Tittle & Perlmuter, we’re ready to talk whenever you are, but we also understand that many people like to learn more about a subject before reaching out. For this reason, we’ve compiled a list of common violations for you to review. Reach out when you’re ready.
Report: US Wage & Hour Violations
Wage & Hour violations in the United States are more common than you might think. The Tittle & Perlmuter team put together a report breaking down the number of cases, number of employees affected, and the amount industries paid in back wage in 2016.
There are definitely a few industries where violations are more common than others. Where do you work? Is your industry a common violator of wage & hour laws? If you want to read the report, just click the thumbnail.
The federal minimum wage is only $7.25 and $2.13 for tipped employees. But in Ohio, the minimum wage is $8.30, or $4.15 for tipped employees. Ohio and federal law require employers to pay minimum wage for each hour worked in each pay period. When an employer infringes on your rights to correct and prompt payment, they are violating the law.
- The presence of a set work schedule and a specific work location set by the employer;
- The employer’s ability to control the work;
- The right of the worker to accept or decline work assignments;
- Whether the employer pays the employee an hourly wage or per assignment;
- Whether the employer or employee provides the tools and machines used for work;
- The permanency of the work relationship;
- Whether the worker works for one or multiple employers;
- The degree of skill required of the work; and
- Whether the worker’s job is an integral part of the employer’s business.
The employer may fail to pay the overtime premium of “time-and-a-half” to commissioned employees. This is only permitted if certain conditions are present:
(1) The employer is a retail or service establishment.
(2) The employee’s regular rate of pay is one and one-half times the minimum wage for every hour worked in a workweek.
(3) More than half the employee’s total earnings in a representative period consist of commissions.
All too often, we see careless or greedy employers implement policies refusing to pay commissioned employees overtime. Such policies run afoul of these strict rules, entitling affected employees to compensation.
Salaried employees are outright exempt from overtime pay if they:
(1) earn at least $455 per week, and
(2) are executive, administrative, professional, outside sales, and/or computer sales employees.
If both of these factors are not met, the affected employee is entitled to compensation for hours worked over 40 in a workweek.
This salary-basis exemption is often abused by employers in one of two contexts. First, the employer may dock the employee’s salary for reasons like lack of work or dissatisfaction with the work product. If the employee is ready, willing and able to work, employers cannot make deductions for time when work is not available. An employer also may not dock a salary for the perceived poor work product. There is one exception, however. An employer may impose a penalty in good faith for infractions of safety rules of major significance. If an employer takes improper deductions from a salaried employee’s pay, the employer may lose the benefit of the exemption. This entitles affected employees to compensation.
The second context in which this arises is through the misclassification of employees as exempt executive, administrative, professional, outside sales, and/or computer sales employees. Each of these job types are legal terms of art. This means that only those employees which fall under the definition of one of these exempt groups doesn’t qualify for overtime pay.
The Automatic Data Processing (ADP) Research Institute reviewed court data and reported that “90 percent of all state and federal court employment law class actions filed in the U.S. were wage and hour claims.” The data also suggests that more than 70 percent of employers are not fully complying to FLSA regulations.
Contact Tittle & Perlmuter for a Free Case Evaluation Today
We are here to ensure that you receive the wages and benefits that you have earned. Call (216) 285-9991 now or fill out our online contact form. We will respond promptly. We can arrange evening and weekend appointments, and we can come to you.