What Should I Do if My Employer Is Involved with Unpaid Overtime and Wage/Hour Violations?

The rights of workers in the United States are protected by the Fair Labor Standards Act. Under FLSA, workers are entitled to a minimum wage, overtime pay and protection from discrimination. The FLSA also requires employers to provide certain benefits such as paid sick leave, vacation time and health insurance.

Unfortunately, it’s not uncommon for employers in Ohio and other states to violate labor laws in an effort to cut costs and generate more revenue.

If you believe your employer is involved with unpaid overtime and wage/hour violations, you should first document the violations and contact Ohio’s Department of Commerce or the U.S. Department of Labor's Wage and Hour Division to file a complaint.

You may also want to consult with an employment attorney to discuss your legal options. Depending on the severity of the violations, you may be able to file a lawsuit against your employer for unpaid wages or overtime pay.

What Is Wage Theft and Which Industries Experience It the Most?

Wage theft is the illegal practice of employers not paying their employees the wages they are legally entitled to and have earned. This can include not paying overtime, not paying minimum wage or not paying for all hours worked.

Wage theft can happen in any industry; however, it’s most common in industries that employ hourly or low-wage workers, including:

• Hospitality
• Retail
• Childcare
• Foodservice
• Call centers
• Construction
• Landscaping
• Factory workers
• Agriculture
• Home care
• Internships



You should never experience financial hardships resulting from wage theft. If your wages are withheld or intentionally miscalculated to save your employer money, you have the right to file a complaint with Ohio’s labor department and contact an employment claims lawyer to help you with your case.

How Employers Violate Wage and Overtime Laws

Basing Overtime on a Two-Week Pay Period

Under FLSA, hourly workers are entitled to one-and-a-half times their regular hourly rate for any overtime hours within a seven-day pay period. An employer may try to avoid paying you overtime by basing your extra hours on a two-week pay period. For example, if you worked 44 hours during the first week and 36 hours during the second week (80 hours altogether), you may be paid your regular hourly rate for the four extra hours you worked during the first week.

This is illegal and you should be paid overtime for all hours over 40 worked within a seven-day period.

Misclassifying Employees to Avoid Overtime Pay

Another money-saving tactic employers may us is misclassifying their employees as exempt from overtimes. For example, an employer may classify an employee as an independent contractor instead of an employee in order to avoid paying overtime wages.

This practice is illegal and can result in significant fines and penalties for the employer.

Deducting Expenses from Minimum Wages

Under FLSA, a worker must be paid minimum wage for all hours they’ve worked in a workweek. Thus, if you make minimum wage in Ohio (currently $10.10 for non-tipped employees), the only deductions that can be made are for state and federal taxes, garnishments and voluntary insurance premiums and donations.

Any other charges and expenses your employer deducts from your check are illegal. Examples of such deductions include:

• Cash register shortages
• Uniforms
• Equipment
• Damage to company property
• Money lost from negligence in performing your job

Deducting Pay from Non-Bona Fide Meal Periods

A bona fide meal period is a period during which an employee is relieved of all duties and allowed to take an uninterrupted break for the purpose of eating a meal. The length and timing of the meal period must be determined by the employer, but it must generally last at least 30 minutes.

Employers are not expected to pay their workers for bona fide meal periods. However, if you’re required to perform any work duties during this time, the break is no longer considered bona fide and your employer is legally obligated to pay you for this time.

How an Employment Claims Lawyer Can Help Your Case

If you wish to file a complaint under FLSA for unpaid wages, you may do so by going to a relevant state or federal agency or by filing a lawsuit in court.

Regardless of which route you choose, having legal representation can help you navigate the complexities of labor law and the legal process.

Keep in mind, your former employer will more than likely be represented by an attorney, thus it’s important to have an experienced attorney on your side who can help you understand the law and make sure your rights are protected.

Contact the Buckeye Law Group to Get the Justice You Deserve

If you’re looking to file a lawsuit against your employer for wage theft or violations of your rights, the employment claims attorneys at the Buckeye Law Group are interested in learning about your situation.

With a proven track record of success, we have the expertise to help you fight back against your employer’s illegal tactics and get you the compensation you’re owed.

To learn more or book your free consultation, call 1-800-411-PAIN.