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Overtime is when someone works beyond the scope of a normal workweek, which is a standard of 40 hours in the U.S. Working more than 40 hours in a week entitles employees in Ohio to special pay per hour of overtime. Unfortunately, some employers try to save money by incorrectly calculating a worker’s hours, asking employees to work “off the clock” without pay or failing to provide the correct rate of pay for overtime hours worked.
If you believe you are a victim of unpaid overtime in Cleveland, Ohio, contact the attorneys at Scott & Winters Law Firm, LLC to request a free case consultation. Our wage and hour lawyers can help you exercise your rights and demand fair pay for unpaid overtime.
Ohio Revised Code Section 4111.03 states that an employer legally must pay an employee an overtime wage rate of one and one-half times the employee’s normal wage for every hour worked in excess of 40 hours in one workweek. An example is if a worker normally makes $15 per hour, he or she would be entitled to $22.50 per hour for each overtime hour worked.
Time and a half is also the national standard for overtime pay under the Fair Labor Standards Act. This federal law states that covered nonexempt employees must receive overtime pay for all hours worked over 40 hours per week at no less than this rate of pay, with no limit on the number of hours employees may work.
Some employees are exempt from overtime pay in Ohio. If a worker falls into a certain category, an employer is not legally required to pay overtime, regardless of the number of hours worked. This includes employees who receive an annual salary of $107,432 or more, live-in babysitters and caregivers, family members who work for their family-owned businesses, and specific types of professionals who are paid a salary of $684 per week or $35,568 per year.
If you suspect that you’re being underpaid for overtime, start documenting the problem and learning your rights. Write down every time that your employer fails to compensate you for work that you did “off the clock,” things you did for work outside of the workplace, time spent putting on or taking off work-related gear or a uniform, time for travel that is related to work, and hours worked over 40 hours per workweek. Make sure you do not fall within one of Ohio’s exemptions. Then, consult with a lawyer about a potential unpaid overtime claim.
Pursuing an unpaid overtime claim in Cleveland requires proof that your boss has been underpaying you. This may include bank statements, wage documents, employment contracts, and timecards. A lawyer can help you gather evidence to prove that you are being underpaid or that your overtime hours have gone unlawfully unpaid. Then, your lawyer can file an overtime wage claim on your behalf to pursue financial reimbursement. You may be entitled to backpay for unpaid wages, plus interest, attorney’s fees, and more.
Unpaid overtime can significantly diminish your paychecks. State and federal law both entitle you to a certain amount of money for overtime hours worked. Scott & Winters Law Firm, LLC can review your case for free and let you know if it has merit. If we believe you have grounds for a lawsuit, we can help you file the paperwork, collect evidence and go up against your employer in pursuit of fair compensation. Call (216) 912-2221 today or contact us online to learn more during a free case review in Cleveland.