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As an employee in Parma, Ohio, you have legal rights and privileges. You are entitled to earn wages for meal and rest breaks if you are required to work through part or all of the break, for example. Unpaid meal and rest periods are a common wage and hour violation in Parma committed by employers. If you are a victim of this wage violation, contact Scott & Winters Law Firm, LLC for a free case consultation with a member of our dedicated team of attorneys.
In Ohio, the law does not require employers to provide paid meal or rest breaks. However, there are rules regarding pay if an employer requires the employee to work during a meal or rest period, even if it was only for part of the break. Employers in Ohio legally cannot deduct a worker’s pay for a meal break if it was not a full break, meaning the employee was fully relieved of all job duties.
If the worker had to check emails, answer phone calls, write a report, or was required to remain at his or her desk during the meal or rest break, he or she must be compensated the normal rate of pay for this as time worked. An unpaid meal or rest break in this situation is a wage violation. In this scenario, the wronged worker may be entitled to financial compensation for the wages he or she should have been paid for a “working” rest or meal period.
In addition, federal law considers a short break – typically between 5 and 20 minutes – compensable work time that must be included in the total hours worked by an employee. It must also be considered time worked to calculate overtime pay. Meal periods that last at least 30 minutes, on the other hand, are not considered work time and are not compensable unless the employer required the worker to continue working or be on-call during the break.
If you are not being fairly and correctly paid for working meal and rest periods, take legal action to pursue the wages you are lawfully owed by your employer. Start by documenting the problem. Collect copies of your pay stubs and wage documents, including time cards, to begin collecting evidence of the wage violation. Bring your findings to your employer and point out the issue.
Your employer may be unaware of the problem and might offer a resolution, along with the pay that you are owed. If your employer does not cooperate, however, you have the right to file a complaint with the Ohio Department of Commerce. You also have the right to file a wage and hour violation claim in Parma with a lawyer’s help.
If you are being taken advantage of by your employer and not being paid fair wages for meal and rest periods, contact Scott & Winters Law Firm, LLC as soon as possible. Our lawyers have years of experience helping workers in Parma and throughout Ohio protect their rights. We can help you go up against any employer or company that is not paying you fairly and in accordance with state and federal wage laws. Learn more about how we can help you today during a free case consultation. Call (216) 912-2221 or contact us online anytime.