Columbus Overtime Lawyer (Fair Labor Standards Act/FLSA)/Ohio Overtime Attorney
Employers are prohibited by both federal and state law from failing to properly pay their employees overtime wages when due. Under federal law, the Fair Labor Standards Act (FLSA) provides that employers must pay all “non-exempt” employees no less than the federal minimum wage and overtime wages of time and a half (1.5) their regular hourly rate for all hours worked in excess of 40 per week. If you need a Columbus overtime attorney to recover your unpaid overtime wages, our Ohio Overtime Lawyers can assist you in recovering all wages and damages owed.
Even if you have been told by your employer you are “exempt” from overtime wages, your employer may have misclassified you to avoid paying you overtime wages. Whether or not an employee is properly classified as exempt under the Fair Labor Standards Act/FLSA is a common issue in unpaid overtime wages cases and is dependent upon the employee’s primary job duties and responsibilities. You can read more about misclassification in our section for misclassified employees here. Another common violation by employers is classifying workers as “independent contractors” when they really should be classified as employees, also discussed in our section for misclassified employees. You can review more information on what the FLSA requires on the U.S. Department of Labor’s website here.
There are numerous other ways that employers violate the FLSA and Ohio Overtime laws. Our Columbus unpaid overtime lawyers commonly pursue employers who (1) instruct employees not to record more than 40 hours per week even if they actually work more; (2) only pay “straight” time for all hours worked even if employees work more than 40 hours per week; (3) pay less than 1.5 times the employee’s regular rate of pay for hours worked over 40 in a week; (4) automatically deduct time from an employee’s pay (i.e. automatic lunch deductions); (5) have “comp time” policies instead of paying overtime wages; (6) fail to track and pay for off-the-clock work; or (7) require prior authorization for any overtime hours wages to be paid. There are numerous other ways that employers violate overtime pay laws and some of the more common issues we see are discussed in our Wage and Hour (FLSA) section here.
In the event you are owed unpaid overtime, our Ohio overtime lawyers can also recover “liquidated” or “double” damages for you under the FLSA. Liquidated or double damages are a penalty against employers for failing to properly pay overtime wages owed to employees. It allows an employee to demand payment of not only the unpaid overtime wages owed, but an additional payment of the same amount as “liquidated damages” or “double damages.” For example, if you are owed $10,000 in unpaid overtime wages, we can demand your employer pay $20,000 to also account for your right to recover liquidated damages under the Fair Labor Standards Act/FLSA. Additionally, you are protected from any retaliation by your employer if you choose to pursue an unpaid overtime wages case. Our Columbus unpaid overtime attorney can explain all of your rights to overtime wages under the Fair Labor Standards Act/FLSA and how you are protected from retaliation by your employer.
If you believe you may have an unpaid overtime claim or that your employer may have violated its obligations to pay you overtime wages, contact our Columbus Overtime Lawyers (FLSA) today to discuss your legal rights. You may have a valid overtime wages claim and speaking with an Ohio overtime attorney will ensure you know your rights.