No, it is not legal for an employer to pay you late in Ohio. Employers must pay wages at least semimonthly: by the 1st for the first half of the preceding month and by the 15th for the second half. Late pay may give you the right to recover financial compensation for your unpaid wages, plus liquidated damages.
Under Ohio Revised Code § 4113.5, every employer in the state is legally required to pay all employees the wages they earned during the first half of the preceding month (ending on the 15th day of the month) on or before the first day of the month. Employers must also, on or before the 15th day of the month, pay employees wages earned by them during the last half of the preceding calendar month.
These timelines are the maximum amount of time employers have to pay wages in Ohio; the law does not prevent them from paying sooner, such as weekly or daily. The only times an employer can lawfully pay workers later than these guidelines is if a longer timeframe is customary for a given trade or profession, or if a written contract establishes a different pay period.
If your employer in Ohio failed to pay you on time based on the parameters provided by state law, you may have grounds to file a claim against the person or company in pursuit of financial compensation for wages owed and additional damages.
If your wages remain unpaid for 30 days beyond your regularly scheduled payday, you have the right to bring a claim in Ohio. If you don’t have a regular payday, you have this right after 60 days pass from the date of the agreement or act that made your wages payable.
An employer that is made to pay a worker for late or unpaid wages can be held liable for the full amount of backpay owed. In addition, employers in the wrong must pay liquidated damages of 6 percent of the amount of the claim still unpaid (and not in contest or disputed) or $200, whichever is greater.
Breaking Ohio’s paycheck laws can lead to serious consequences for an employer. Failure or refusal to pay what is owed to a worker constitutes one offense for the first 30-day delinquency of payment, and a separate offense for each additional delinquency of 30 days. This is the law regardless of the number of unpaid employee accounts involved in a case.
The state can impose financial penalties on employers for failure to pay on-time wages, including a fine per violation, daily interest and liquidated damages. Finally, if the affected worker files an unpaid wages claim or civil lawsuit, damages can be awarded for the victim’s legal fees, interest and, in some cases, punitive damages to punish the employer.
If you have been receiving your paychecks late or not at all as a worker in Ohio, start documenting the issue in detail. Gather records proving your hours worked, along with a copy of your employment documents and missing wages. Then, bring your documents to an employment law attorney in Ohio for a free consultation. A lawyer can prepare your case and help you take a stand against an employer in Ohio for unlawful late payments.
