Pay Violations: Minimum Wage, Overtime, Equal Pay, and Sales Commissions
We regularly counsel clients on their rights and duties under the Fair Labor Standards Act (FLSA) and the Ohio Minimum Fair Wage Standards Act (Ohio Revised Code Chapter 4111).
The consequences for violating these laws can be significant, including double or triple damages in some cases. If you believe that your employer did not properly classify you; did not pay you minimum wage; or is not paying you equal wages for equal work, we can help.
Overtime and Minimum Wage: We advise clients on their rights and duties under the minimum wage and overtime statutes. Employees are entitled to time-and-a-half (or 1.5 x their regular hourly wage) when they work more than 40 hours per week unless they fit an exemption under the law. Employees are also entitled to be paid at least the minimum wage ($9.30 per hour in Ohio during 2022) for all working time.
We also help employees whose final paychecks have been withheld without authorization or in violation of minimum wage laws.
Equal Pay Act: We represent clients in disputes over equal pay for men and women. Workers who perform the same jobs must generally be paid the same regardless of their gender.
Sales Commissions: We represent clients with disputes over sales commissions. Independent sales representatives may be entitled to three times the amount of any unpaid commissions under Ohio law, so it is important to know whether a rep is properly classified as an employee or an independent contractor.
Pay Violations: Minimum Wage, Overtime, Equal Pay, and Sales Commissions Articles
Sixth Circuit Reverses Summary Judgment for ERISA § 503 Interference Claim
In 2014, Atlas Industries Inc. (“Atlas”) fired Robert Stein for missing three days of work without calling off. Stein was on medical leave, though, and thought his doctor’s instructions were to return on August 10th. In fact, he was supposed to return on July 21st. As a result, Stein did not report to work or…
Are LGBTQ Employees in Ohio Protected from Workplace Discrimination?
Not everywhere (yet). However, the City of Akron has followed in the footsteps of over one dozen cities in the State of Ohio by passing a nondiscrimination ordinance on March 27th prohibiting discrimination on the basis of gender identity and sexual orientation. The ordinance applies to employment, housing, and public accommodations and was inspired by…
Sixth Circuit Affirms Public Employee’s Petition Not Protected under the First Amendment
In 1980, Glen Naghtin began working for the Montague Fire Department (“Montague”) until his termination in December 2011. Dennis Roesler was appointed as Chief of Montague in 1998. Montague authorized the construction of a new fire station in 2009. After that project began, Donald Roesler, the Chief’s brother and the Captain, began to express concerns…
Can Employers Legally Influence the Political Leanings of Their Employees?
Not according to Brad S. Meyer of Zashin & Rich, who recently wrote a great article on the subject titled “Not So Fast (Food): Ohio Employer Goes Too Far with Supersized Influence over His Employees’ Voting Decisions.” Meyer highlights an employer’s legal obligation not to influence employee choice at elections and warns employers that “there…
Why All Employees Should Keep Track of Hours Worked
Steven Robinson was a maintenance worker at Roberts Hotels Management Detroit (RHMD). Although Robinson was considered a salaried employee during his time with RHMD, the company subsequently stipulated that he was actually subject to FLSA’s overtime requirements. However, RHMD did not contemporaneously record how many hours Robinson worked per week. After his termination, Robinson sued…
How to Escape the Consequences of an Inaccurate Job Description
Kenneth Camp (age 61) worked for Bi-Lo, LLC (“Bi-Lo”) as a grocery stock clerk for 38 years. He was one of three clerks who worked as a team to stock the grocery store each night, which involved unloading stock from pallets and placing it on store shelves. During March 2012, the store’s director, Gilreath, arrived…
Lawsuit against Steakhouse Highlights the Realities of Sexual Misconduct in the Workplace
Locigno worked as a bartender and server for Zach’s Steakhouse, a restaurant owned by the Zacharias family which consisted of Paul Sr., Vivian, and Paul Jr. Throughout Locigno’s employment, she alleged that Paul Sr. and Paul Jr. sexually harassed her daily: Paul Sr. often asked and made Locigno feel obligated to give him a “hello…
How One Mistake Can Cause a Sexual Harassment Victim to Lose Her Case
Graves worked as a lead nurse anesthetist until she requested to leave the position because she wanted to focus on patient care and avoid the extra work and responsibility required by the management role. Graves remained the lead nurse until February 2013 when Schum, whom Graves had worked with since May 2012, temporarily assumed the…
OSBA Selects Bruce Elfvin as Employment Section Chair
The Ohio State Bar Association recently selected Bruce Elfvin as the Chairperson of it’s state-wide Employment Law Section. Bruce will serve a two year term guiding the Section as it analyzes and comments on legal issues affecting employment law in Ohio.
