Wage and Hour Claims Attorneys in Dayton and Cincinnati
We fight for the pay that you earned
Federal and state laws ensure that employees receive fair compensation for their time and work. Regulations related to exemption status and wage and hour laws can be complicated and confusing. While many employers abide by these laws, many others violate them, both intentionally and unintentionally. The result is that you are not paid the money you are owed.
The experienced Cincinnati wage and hour claims attorneys at Gibson Law, LLC have handled these cases from both sides of the table. We used to represent employers against wage and hours claims and know the approach they take. Now, we put that knowledge to work for you to demand the wages you earned.
We understand that even a slight hourly rate difference can have a profound impact on someone’s income. You have legal rights to fair wages for your time and efforts. We will fight to protect those rights and the financial compensation you deserve.
What are types of wage and hour violations?
These are violations of state and federal laws that set standards for pay and time worked. These laws also address issues such as minimum wage, overtime, tips, meals and rest breaks, and what is considered time worked. The federal wage and hour law is the Fair Labor Standards Act (FLSA), and there are also state and local laws that often apply to many cases.
Our attorneys have experience handling all types of wage and hour law cases in Ohio. These include cases involving:
- Failure to pay minimum wage.
- Incorrectly categorized employee exemption status.
- Failure to pay nonexempt employees’ overtime or asking them to work “off-the-clock” without compensation.
- Paying a lower hourly overtime rate.
- Unlawfully docked pay and wage deductions.
- Unpaid breaks or travel time.
- Deducting more than appropriate from tips.
- The misclassification of employees as contractors.
- Withholding commissions and bonuses.
Can I sue for wage and hour violations?
Generally, you can take legal action against your employer for wage and hour violations that left you with less money than you were owed. The FLSA sets a statute of limitations for these types of violations. You must act within that time to get compensation for damages, which may include:
- Back pay – The amount of money that you should have been paid (for example, unpaid minimum wage or overtime).
- Liquidated damages – These are damages equal to the amount of back pay you are owed (essentially giving you double back pay).
- Attorney’s fees – The fees owed to your attorney for handling your case.
Wage and hour violation cases can be complicated and determining the financial value of your damages is not always straightforward. Employers may deny there were any violations and challenge your claim. An experienced employment attorney can gather evidence to build a strong case and fight for the pay you are owed.
What should I do if I am not being paid what I am owed?
You deserve to be paid for all of the hours you worked. If something seems off in your paycheck, don’t ignore it. There are steps you can take to gather evidence of wage and hour violations and protect your rights.
Determine how much you are owed. Calculate your pay rate, hours worked and any additional pay you should be receiving (such as overtime). Then compare it to your check. How much is it off? Are there any unusual deductions?
Gather documentation. This can include paycheck stubs, copies of timesheets submitted, and notes you kept about any additional time you are owed (such as travel or prep time). Other documentation can include your employee manual or any communication you received from your employer about pay.
Talk to your supervisor or human resources department. Ask about the discrepancy. It’s possible there was an honest mistake made and your employer may take steps to correct it.
Talk to an attorney. If your employer doesn’t resolve the issue or says you are not owed any money, get legal advice. A Dayton wage and hour lawyer can review the details of your situation and advise you on what to do next. This may involve filing a complaint with the U.S. Department of Labor Wage and Hour Division, or taking legal action.
It should be simple. An employer pays you for the time you worked, at the pay you agreed upon, following all local, state and federal laws. Too often, employers commit wage and hour violations that leave you with less money than you are owed. It can get even more complicated if an employer closes or files for bankruptcy protection.
We can help. Our attorneys will fight for the pay you are owed. Learn more about how we can help during a consultation with a member of our legal team at our Cincinnati or Dayton office. Contact us to set up a time that is convenient for you.