Wage and Hour Laws

 

Computerized_time_clock (Copy)The Fair Labor Standards Act (FLSA) establishes fundamental minimum wage and overtime pay standards. Employers are required to pay overtime wages to employees right after 40 hours of work in a week. However in certain states, overtime must be paid Following 10 hours worked in a day, regardless how many hours are worked through the week.

Generally, federal law will not call for businesses to provide meal or rest periods. However, if an organization does supply a Brief break (Typically five to 20 minutes), then your FLSA requires the business to count that time as compensable working hours. Under the FLSA guidelines, organizations or businesses need to treat any required “pre” and “post” work activities as compensable time. Examples consist of preparing tools or work surfaces, cleaning tools or work surfaces, and meeting at a central location for transportation to a job site.

Overtime Labor Laws

Overtime rates are to be at least one and a half times the standard rate of pay. The FLSA doesn’t call for companies to offer holiday pay, sick pay, paid or unpaid vacation time, or severance pay.

The most frequent type of  claim that our firm handles is unpaid overtime claims. Ohio and Federal law requires that employees receive overtime pay of “time and a half” for working more than 8 hours in a day or more than 40 hours per week. You can still be entitled to overtime even if you are paid on a salary basis, flat rate basis, flag rate basis, or commission basis.

Not all employees are covered by FLSA wage and hour laws.   Under the terminology used by the FLSA, “nonexempt” employees are entitled to overtime pay, whereas “exempt” employees are not.  An employee must be careful to properly classify employees as exempt or nonexempt based on the FLSA guidelines the burden is clearly on the employer.  If employees are incorrectly classified, they may be eligible to receive back overtime pay and other compensation via a lawsuit under the FLSA.

In our experience, the most common industries that illegally fail to pay overtime include but not limited to the following:

  • Plumbers
  • Mechanics
  • Nurses
  • Any Piece Rate Workers (paid for each unit of production at a fixed rate)
  • Any Flag Rate Worker (paid by the job)
  • Exotic Dancers
  • Loan Officers
  • Bill Collectors

Generally speaking, employees are exempt from the overtime pay provisions of the FLSA if they:

  • Are paid less than $455 per week during a year,
  • Are paid a salary rather than an hourly wage, and
  • Work in an exempt industry (e.g., a movie theater or many agricultural jobs) or perform “exempt” job duties, which are either administrative, professional or management

Proper classification is very important! Employers are encouraged to contact our offices (or seek qualified legal advice) if they have questions about whether an employee should be classified as exempt or nonexempt.

The law offices of Lawrence Mays, Esq can review your case for free and determine if you have a possible claim for violation of Wages and Hour Law  . Contact us  at (216) 658-6870 to speak with an Experience Employment Lawyer about your case.