Underpayment of wages and unpaid overtime remain a persistent problem in the workplace. In an increasingly competitive economy, employers are frequently tempted to reduce costs by cutting corners with their employees’ compensation. In many cases, such activities are illegal. The Fair Labor Standards Act (“FLSA”) requires that “non-exempt” employees be paid for all of their time worked, and that they receive time-and-a-half pay for all hours worked over 40 in a week. Employers attempt to get around the FLSA in a variety of ways, such as
- Improperly classifying employees as “exempt” from overtime.
- Wrongly labeling employees “independent contractors”
- Improper use of “Fluctuating Work Week” or “Chinese overtime” schemes.
- Permitting “off-the-clock” work. Just some of the ways employers might do this include having employees:
- Perform work before clocking in.
- Sign off on time sheets that don’t actually reflect all time worked.
- Perform work during meal breaks, even though they are “off the clock.”
- Clock out during brief rest breaks.
- Continue to perform work after their shift has ended, or perform work at home, in order to finish a task or correct errors.
- Remain “on call” at work.
We have a thorough knowledge of the FLSA, as well as Ohio, Kentucky and Indiana wage and hour laws; and we are experienced in litigating these claims. If you have been underpaid or denied overtime compensation, you may be entitled to the value of your unpaid wages and overtime, plus an additional amount known as “liquidated damages,” which essentially doubles your damages. Also, in most cases, the FLSA requires the employer to pay your attorneys’ fees for having to bring suit to recover unpaid wages. If you believe you have been denied fair wages for all time worked or overtime pay, call Dave Eberly (513-533-1151) or Ted Copetas (513-533-1103) for a confidential and free consultation.