Wage & Hour Law FAQ
Answers from experienced Ohio attorneys
Finding accurate information about wage and hour claims can be difficult. This is especially true if your employer tells you something that turns out to not be true. That’s why it’s important to have a source you can trust. That’s why our lawyers at Gibson Law, LLC want to meet with you to answer your legal questions.
We have an in-depth understanding of the rules and regulations governing these cases based on years of experience. Our employment attorneys know the state and federal laws associated with such claims. We know what evidence matters. We know what strategies work. That’s why we have a strong track record of success.
What is your wage & hour question?
Below, you will find some of the most frequently asked questions about wage and hour-related cases. Keep in mind that every legal case often presents its own unique challenges. That’s why it’s important to talk to a lawyer at our firm about your specific questions or concerns.
- What are common wage and hour claim cases?
- Does my employer have to pay me minimum wage?
- Does my employer have to pay me overtime?
- Does my employer have to pay for work-related travel time?
- Can I sue my employer for not paying me?
- Who investigates wage and hour complaints in Ohio?
- How long do I have to file a wage and hour complaint in Ohio?
- How much is my case worth?
- Why should I hire a lawyer to handle my case?
Get the facts. Contact our law firm
Don’t simply assume that your legal problems will go away. In many cases, many legal matters get worse over time, especially when they involve not being paid for work you performed. Demand the compensation you deserve. Contact our law firm for a consultation with a member of our legal team.
What are common wage and hour claim cases?
Many cases involving wage and hour claims involve employers not paying their employees or paying them less than what they actually owe their workers. Sometimes, such cases might involve a few hours of unpaid work. But in many cases, many claims involve hundreds or thousands of hours of unpaid or underpaid work. That’s why it’s important to talk to a lawyer right away if you have not been paid for work you have performed.
Does my employer have to pay me minimum wage?
Yes. Ohio’s labor laws are clear. No matter what type of work you perform, you must be paid at least minimum wage for every hour you work. The state’s minimum hourly wage often changes from one year to the next. But the bottom line is you should be paid at least that amount for each hour you work. This includes tipped employees such as waiters. The amount they are paid including their tips must add up to at least minimum wage for each hour they work. If not, their employer must pay them at least minimum wage.
Does my employer have to pay me overtime?
Generally, yes. If you work more than 40 hours in a single week, your employer must pay you overtime, which is 1.5 times the amount you are normally paid for each hour of work. This includes all employees, even ones who are paid a flat rate for each day or each item they produce. If a worker’s hours exceed 40 hours in a 7-day period, they must be paid overtime. Contact our office to discuss your situation with a member of our legal team.
Does my employer have to pay for work-related travel time?
Yes. If you are required to travel for work, you must be paid for that time. Work-related travel does not include normal commuting to and from work every day. But work-related travel time does include any additional driving you may have to do for work, including driving between job sites. Don’t let your employer tell you any different. You deserve to be paid for time spent driving during working hours.
Can I sue my employer for not paying me?
Yes. You have the right to file a lawsuit for unpaid wages in Ohio. Many workers choose this approach for obtaining the financial compensation they deserve for the time they worked. However, it’s important to understand that such legal cases often turn out to be challenging for many different reasons. In particular, your employer will likely hire an attorney to defend their actions and not pay you the money they owe you. That’s why it’s critical that you have an attorney in your corner, filing a lawsuit on your behalf.
Who investigates wage and hour complaints in Ohio?
Ohio’s Bureau of Wage & Hour Administration often investigates most wage and hour complaints. In addition, the Department of Labor or the Department of Justice may become involved in your investigation depending on the severity and scope of your wage and hour claim. If you’re not sure which state or federal agency to discuss your case with, simply talk to an attorney at our law firm to learn more about your legal options.
How long do I have to file a wage and hour complaint in Ohio?
In most cases, you have two years to report not being paid or other wage and hour violations, according to the Fair Labor Standards Act (FLSA), a federal law. The deadline (known as the statute of limitations) may be extended to three years if it can be proved that such violations were “willful violations.” However, it’s always best to take legal action sooner rather than later. The longer you wait, the harder it often becomes to find the evidence you need to build a strong legal case.
There’s no set dollar amount when it comes to wage and hour claims. Some may be worth a few thousand dollars. Others may turn out to be worth millions. The difference can depend on many different factors, including how much money your employer owes you, how many hours you have not been paid for and if your employer intentionally broke state and federal labor laws. That’s why it’s important to talk to a lawyer right away to learn more about your potential case.
Why should I hire a lawyer to handle my case?
There are many reasons why it’s important to have an employment attorney on your side, investigating your wage and hour claim. Your lawyer can be your voice for justice – with your employer, with negotiators and with other attorneys in the courtroom if necessary. Your lawyer can also conduct an in-depth, independent investigation to gather the facts and determine exactly what happened. State or federal investigators only care about whether your employer broke the law. Our attorneys focus on making sure you receive the money you rightfully deserve for the hours you worked. We have your best interests at heart.