We are open for business through virtual meetings and teleconferences. Please call to (216) 912-2221 or click here to be connected to our attorneys.

Free Consultation Prompt Response
Request A Free Consultation

Cleveland Wage Theft Attorney

All workers in Cleveland and throughout Ohio deserve to be paid fairly. Unfortunately, there are times when employers steal wages from their workers. At Scott & Winters Law Firm, LLC, we are here to help if you need a Cleveland wage theft attorney by your side. There are various ways that wage theft occurs, and we have the resources necessary to fully investigate your allegations to help you recover any compensation you may be entitled to. Let us get to work on your claim immediately.

Why Choose Scott & Winters Law Firm for Your Wage Theft Claim in Cleveland?

  • The attorneys at Scott & Winters Law Firm, LLC have recovered millions of dollars in compensation for employees in Ohio and throughout the U.S. who have experienced wage theft.
  • We stay up-to-date on the tactics that employers use to fraudulently steal wages from their employees.
  • We make sure that all claims are filed on time so that we can ensure that our clients recover fair wages before the statute of limitations expires.

What Is Wage Theft?

Wage Theft is a severe problem in Ohio, costing Ohio workers more than $600 million per year. Only a small fraction of that is recovered by private lawsuits, the Federal Department of Labor, or the Ohio Department of Commerce. Scott & Winters Law Firm is proud to be on the front lines of the fight against wage theft. Here we discuss what Wage Theft is and what you can do about it.

Wage theft is not a legal term but refers to violations of federal and state wage law, including minimum wage, overtime, and unpaid tips violations. It can be as straightforward as an employer failing to pay all overtime hours at a time and a half, and also includes things like employers failing to calculate overtime wages when paying commissions or bonuses.

Wage theft can also refer to employers misclassifying employees as independent contractors or exempt salary employees, and employers who unlawfully keep tips which are the property of employees. It can also refer to unpaid travel time, time editing, unfair time rounding, and many other common but illegal pay practices.

You Are Owed Fair Wages Under State and Federal Law

One law that protects your right to receive fair pay for the work that you do is the federal Fair Labor Standards Act. This law establishes a nationwide minimum wage, overtime pay requirements, child labor laws, and many other regulations. There are also state laws that employers must follow. Here is a summary of five wage and hour laws that apply to Ohio employers:

  • Minimum wage. Minimum wage is the lowest amount that an employer can lawfully pay an employee per hour. The federal minimum wage as of 2022 is $7.25, but the minimum wage in Ohio is $9.30 (for non-tipped employees). For tipped employees, Ohio’s minimum wage is $4.65.
  • Tipping regulations. Ohio law does not allow an employer to take an employee’s tips, except when a tip credit applies or there is a valid tip pool arrangement. A tip credit means the employer can use some or all of a worker’s tips to meet the minimum wage obligation.
  • Overtime pay. State and federal overtime laws require employers to pay workers time and a half (1.5 times the normal rate of pay) for every hour worked over 40 hours in a 7-day workweek. This includes tipped employees.
  • Lunch and rest breaks. Ohio law does not require employers to provide workers with lunch or rest breaks. If you have to work during a break, however, you are entitled to be paid during this time. Any short breaks of 5 to 20 minutes provided by your employer must also be paid.
  • Child labor law restrictions. There are several laws specifically regarding youth workers under the age of 18. These include prohibited occupations for minors, work permit requirements for underage workers, employee wage agreements and minimum age requirements for certain jobs.

If your employer hasn’t paid you the amount that you believe you are lawfully owed, start by documenting how much you have worked and gotten paid. Then, contact a Cleveland wage theft attorney for assistance with the next steps. A lawyer can help you fill out and submit the minimum wage complaint form in Ohio, for example, or bring a civil lawsuit against your employer in pursuit of back pay.

How Our Attorneys Address Wage Theft

Consulting with a lawyer is the fastest way to understand your rights as a worker in Ohio and determine if you are a victim of wage theft. Scott & Winters Law Firm is available for a free legal consultation for workers who have noticed something is wrong with their pay or who believe they have experienced wage theft. As your lawyers in Cleveland, we will address your legal issue by taking the following actions:

  1. The first step is for workers to know what their rights are and to get a legal opinion about whether their rights have been violated. We will work with you one-on-one and carefully review the facts of your case to determine if your employer is guilty of wage theft.
  2. Second, if our firm agrees to represent you, we will fight to recover the full measure of damages, including unpaid wages, liquidated damages, costs, and attorney’s fees. This both compensates you for your loss and incentivizes employers not to violate the law in the future.
  3. Third, if applicable, Scott & Winters Law Firm brings class and collective actions for wage violations to stop an employer from breaking the law across the board. These actions can result in financial compensation for multiple employees who have been impacted by an employer’s unlawful practices.
  4. Finally, we aggressively assert retaliation claims if employers break the law by their misconduct against employees for standing up for their wage rights. Retaliation refers to adverse employment action taken against an employee who engages in a protected activity, such as reporting wage theft.

Our wage theft lawyers will put you first when crafting a legal strategy to work toward your unique goals. We know your time is valuable and believe you should be paid fairly for giving it to an employer. We will aggressively advocate for your rights as a wronged worker and fight for the money you’re owed by law.

What Is the Statute of Limitations on a Wage Theft Claim?

Under the Fair Labor Standards Act, the statute of limitations is two years for most cases brought due to wage or overtime violations, or three years if an employer willfully violates the law. A statute of limitations is a strict deadline on civil claims. If you fail to act within your time limit, the courts will most likely refuse the case – meaning you’ll lose the opportunity to recover compensation from your employer. Contact a lawyer right away to avoid missing your deadline.

Call a Wage Theft Attorney in Cleveland Today

If you believe that you have not been paid fairly by your employer in Ohio, turn to our attorneys at Scott & Winters Law Firm immediately. Our team has extensive experience handling complex wage theft cases, and we will not back down from aggressive employers or their legal teams. Our goal is to make sure that you are made whole, and this includes ensuring that you receive any unpaid wages you are entitled to. When you need a Cleveland wage theft attorney, you can contact us for a free consultation, and we are always available when you call (216) 912-2221.