Cincinnati fair labor attorney and Ohio wage and hour lawyer reviews class action lawsuits and employment claims for plaintiffs nationwide
American employees are regularly victims of labor violations that unfairly cheat them out of earned wages. The most vulnerable employees are those in low-wage positions, and generally with little management leverage. With the help of an Ohio wage and hour lawyer, you may be able to join a class action lawsuit and recover wages for unpaid work, unpaid overtime and off-the-clock work.
One day or a week of missed overtime pay does not amount to much, but over years and with several thousand employees, some companies try to cut labor costs at the expense of workers and staff. Class action wage and hour cases can result in large settlements or verdicts, and the U.S. Department of Labor (DOL) estimates wage and hour settlements since January 2007 have totaled over $3.5 billion.
Ohio Wage and Hour Labor Law Violations
Wage and hour cases usually involve multiple labor violation allegations. When unscrupulous employers try to cut corners, it is usually not in a single act but in a systematic way that violates the law in many ways. Any negligent employers can be held liable and Unpaid Wages may be recovered through legal action. Common employer violations include:
- Unpaid off-the-clock work
- Minimum wage violations
- Donning and doffing violations
- No meal breaks
- No rest breaks
- Incorrect record keeping
- Misclassification of employees
- Sharing tips
- Overtime underpaid
- Immigrant Employment Violations
Ohio Wage Theft Lawsuits
Thousands of workers in Ohio and across the nation are victims of wage theft each year, and are victims of withheld wages or unpaid wages. As a result, employees have sought retribution, and have successfully filed class action wage and hour lawsuits against employers.
When employers go to great lengths to increase profits, they often do so in an unethical and unlawful way. Wage theft is more common than many American workers realize, and wage and hour laws are upheld by courts to protect employees, and compensate them for the loss of hard-earned wages.
Common targets of wage and hour lawsuits in recent years have been retailers, restaurants, construction companies, banks and manufacturers. Any worker who has experienced unpaid wages from their employer may have a case and should contact an experienced employment claims attorney.
Tip Pooling Violations
Workers relying on tips, particularly in the food and beverage industry, have rights under federal and Ohio law. However, sometimes employers in hospitality and service jobs try to take advantage of employees, and violate fair labor law. In tip pooling arrangements, the following must be satisfied:
- Tips are fully redistributed
- The distribution of tips must follow a consistent formula
- Tipped employees cannot be forced to share tips with workers who do not usually receive tips
- Employers cannot pay themselves out of a tip pool
In many workplaces, employers first fail to ensure a proper minimum wage, fail to pay overtime, and pool tips to put money in their own pocket. Tipped employees are urged to learn more about their rights in basic FLSA and Ohio labor law requirements.
The federal Fair Labor Standards Act requires employers to pay employees at least the federal minimum wage rate, currently $7.25 per hour, or for tipped employees $2.13 per hour. This is standard for many waiters/waitresses, bartenders, and others in the service industry.
One important note: If the low base wage and total employee’s tips do not equal the minimum wage, the employer is required to make up the wage difference. Employers must also inform their employees if they intend to treat tips as part of employer’s minimum wage obligation.
Also, tipped employees who work over 40 hours per week are entitled to overtime pay at a rate of at least one-and-a-half times the standard hourly rate. For workers earning $2.13 per hour should be paid one and half times the minimum wage of $7.25.
Basis for Ohio Wage Theft Class Actions
The majority of class action wage and hour lawsuits allege that employers violated the Fair Labor Standards Act (FLSA), which dictates minimum wage, overtime pay, and prohibits “off-the-clock” work without pay.
Federal and state law requires private employers to pay overtime at 1.5 times (time and a half) the regular hourly rate for all time worked over 40 hours in a “workweek.” A workweek is determined by the start of the employer’s payroll period.
Under state law, private employees covered by collective bargaining agreements or “uncoerced” compensatory time requests can be paid compensatory time in lieu of overtime.
Work actually performed is work that must be paid, regardless of a “no overtime” policy or requirement for prior approval of overtime or work after hours. Employers cannot expect or allow hourly employees to perform unpaid work. An Ohio wage and hour lawyer can help determine what employer violations may be presented to the courts.
In some cases, duties performed “off the clock” are compensable, and may require regular or overtime compensation. Examples may include time spent cleaning up, changing uniforms, preparation or cleaning of equipment, or closing out a cash drawer.
Employers that violate labor law often refuse to pay overtime to entire groups of workers, which makes a class action lawsuit viable. Many workers have filed class action lawsuits with an Ohio wage and hour lawyer, alleging employers withheld tips, did not provide meal and rest breaks, and did not pay properly for promotional work.
Other unpaid wages claims and wage theft lawsuits allege employers fail to pay for time changing into and out of work clothes (doffing and donning), and are forced to stay at the workplace off the clock.
Unpaid Overtime Lawsuits
- Brinker Restaurant Corp. paid $56.5 million in a case that included 108,000 workers who alleged wage and hour violations.
- The City of Los Angeles paid $26 million to settle a case that included over 1,000 trash truck drivers who alleged meal and rest break violations.
- Walgreen Co. settled a case for $23 million after 40,000 workers alleged they were denied overtime and meal and rest breaks.
- Schneider Logistics Transloading and Distribution Inc. paid $21 million after employees were denied overtime and minimum wage.
- The San Francisco Giants baseball club paid more than $500,000 in back wages to dozens of clubhouse and administrative workers that had not received minimum wage and overtime pay.
- Farmers Insurance agreed to pay more than $1.5 million in back wages to nearly 3,500 call center employees after federal authorities discovered ‘’significant and systemic” violations of overtime and record-keeping rules.
Any work performed must be paid by an employer, regardless of “no overtime” policies or other employer excuses to withhold overtime pay. Contact an Ohio wage and hour lawyer with specific unpaid overtime violations and wage theft complaints.
Class Action Lawsuits: Wage and Hour Defendants
Large retailers like Walmart and Staples have paid wage and hour violation settlements after failing to pay workers overtime. Both federal and state law require American employers to pay overtime at 1.5 times (time and a half) the normal stated hourly rate for all time worked over 40 hours in a workweek, which is determined by the start of the employer’s payroll period.
Fast food restaurants and other food service employers have also been targeted by wage and hour lawyers. The Wage and Hour Division of the U.S. Department of Labor (DOL) reported in 2012 that it found violations in over 70 percent of all their restaurant investigations.
Ann Taylor, a well-known clothing retailer, settled a class action wage and hour lawsuit with over 8,000 plaintiffs, after the company violated wage and hour laws. The employer failed to meet minimum wage requirements, neglected to pay workers overtime, failed to pay final termination wages, and failed to provide meal and rest breaks. The $3.5 million settlement, handled by a wage and hour lawyer, was distributed to affected employees.
Over 800 workers at Morgan Stanley alleged that they were denied overtime pay, and filed a class action wage and hour lawsuit which recovered $2.4 million in a settlement.
Large employers including McDonald’s, Subway, Dunkin’ Donuts, and Domino’s Pizza have been cited for fair labor violations. The industries with the most wage violations include:
- Call Centers
- Restaurants and Caterers
- Banks and Finance
- Ride Sharing Services–Uber and Lyft
- Garment & Textiles
If you have experienced a labor violation and unpaid wages in the workplace and have questions about the legal options available in Ohio, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, an Ohio Wage and Hour Lawyer, and he will help you answer critical questions regarding wage theft and unpaid overtime.