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My employer did not pay me for all hours worked. the company intentionally "cuts" hours from all workers. is this legal?
Anonymous2 views4 answers
My former employer would routinely, "cut" employees' hours every week for payroll. For instance, if all workers worked from 7AM until 7PM, instead of getting paid for 12 hours, the employer would "cut" the hours to 10 hours worked for each employee. The type of work done allowed for no breaks and only a 1/2 hour lunch. What can be done?
The Fair Labor Standards Act (FLSA) affects most private and public employment. The FLSA requires employers to pay covered non-exempt (hourly) employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week.
Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work.
You should file a complaint with the U.S. Department of Labor, Wage & Hour Division at: Federal Office Building, 1240 E. 9th Street, Room 817, Cleveland, OH 44199-2054. You can call (216) 357-5400 or 1-866-4-USWAGE for assistance or visit http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm.
You can also file a lawsuit against your employer in federal court.
Bradley William MillerBusiness AttorneyColumbus, OH ·
In addition to the previous answer, Ohio also has state labor laws that, while they are similar to the federal laws, also provide protections. Various provisions can provide for double or triple damages, as well as an award of attorney's fees in certain situations. I would recommend speaking to a lawyer to see what options you have. There are attorneys who focus on wage and hour issues, and I would be happy to give you a recommendation if you need it.
Good luck.
I agree with both responses of prior counsel. I would add that if you are given a lunch break but made to work even a minute of that break or be available to work then that time is also compensable under the FLSA. In addition, if you are a non-exempt employee, you are entitled to overtime for all hours over 40 in any week. You should consult with local counsel.
The other answers are correct. You potentially have claims for minimum wage and overtime pay (assuming you worked more than 4 days per week).
The Fair Labor Standards Act (FLSA) and Ohio law require employers to pay their employees time-and-a-half for work performed in excess of forty hours per week. 29 U.S.C. § 207(a)(1) and ORC 4111.03. The FLSA does provide exemptions to employers from the overtime requirement for individuals “employed in a bona fide executive, administrative, or professional capacity.” 29 U.S.C. § 213(a)(1). Ohio law follows the FLSA exemptions.
You should strongly consider consulting with an employment attorney to address these issues. You could also consider making a complaint with the Department of Labor Wage and Hour Division at http://www.dol.gov/wecanhelp/howtofilecomplaint.htm or the Ohio Department of Commerce at http://com.ohio.gov/laws/MWOTComplaint.aspx.
