An Ohio unpaid overtime lawsuit may be an option for hourly and salaried employees who work over 40 hours per week and are not paid overtime. Federal law states that employers must pay qualifying employees who work hours beyond a 40-hour workweek “time and a half” in overtime compensation. An Ohio unpaid wages attorney may be able to help an employee recover the compensation he or she deserves.
For more information, contact the Attorney Group for Ohio today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Ohio unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is defined as time a worker or employee works beyond the standard workweek. In the United States, the Fair Labor Standards Act (FLSA) provides rules and regulations for overtime and overtime pay. Eligible employees who work beyond 40 hours in a given workweek are entitled to one and one-half their regular rate of pay.
Who is Eligible for Overtime Pay?
According to the U.S. Department of Labor (DOL), all “nonexempt” employees must receive overtime compensation under the FLSA. Nonexempt employees include hourly and salaried workers who earn less than $23,600 per year ($455 per week). Under new rules and regulations, the salary threshold was set to include employees who earn less than $47,476 per year ($913 per week) on December 1, 2016. The new guidelines would have extend overtime benefits and protections to more than 4.2 million new employees, however, a preliminary injunction of the rule was granted by the U.S. District Court for the Eastern District of Texas in November 2016. In response, the DOL filed an appeal with the U.S. Department of Justice.
Occupations not covered by the FLSA overtime provisions include the following exemptions:
- Employees in executive, administrative, or professional positions
- Commissioned sales employees
- Computer professionals, including software engineers, computer programmers, and computer systems analysts
- Highly-compensated employees who earn over $100,000 per year
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
If an employer calls someone an independent contractor and a court finds that they are an employee instead, the employee may be able entitled to compensation for unpaid overtime wages.
Independent contractors are people who work for themselves and are not guaranteed overtime pay under the FLSA. However, an employer may misclassify an employee as an independent contractor to avoid paying overtime as well as other employee benefits. According to the DOL’s Wage and Hour Division website, over $74 million in back wages were awarded to more than 102,000 workers in fiscal year 2015.
Employees who are commonly misclassified as independent contractors include:
- Truck drivers
- Tow truck drivers
- Exotic dancers
- Construction workers
- Port workers
- Call center workers
- Couriers and package delivery workers
Unpaid Overtime Lawsuits
According to the DOL, investigators from the Wage and Hours Division discovered that an Ohio violated overtime provisions of the FLSA. The DOL’s lawsuit alleges that the restaurant and its manager failed to pay workers for time worked over 40 hours in a workweek and failed to pay legally required overtime at time and a half their regular hourly rate of pay. Investigators estimated that over $383,000 in overtime compensation was due to 29 employees.
According to a CNN Money article published in January 2016, drivers who worked for Lyft, a ride-sharing company based in San Francisco, claimed that the company had misclassified them as independent contractors and that they were entitled to certain benefits, including overtime pay. After a class action lawsuit was filed against Lyft, the company agreed to pay $12.25 million as part of a settlement agreement.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
In addition to being able to pursue a claim through the DOL, employees who have been denied overtime compensation may be able to file an Ohio unpaid overtime lawsuit and recover lost wages. In those instances, the employee may not only pursue compensation for back wages not paid by the employer, but also liquidated damages in an amount equal to the unpaid back wages.
How an Ohio Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact the Attorney Group for Ohio. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.