Unpaid wages & overtime

Yes. Ohio workers can bring unpaid-overtime claims under the federal Fair Labor Standards Act and Ohio law, including Ohio Revised Code 4111.03 and 4111.10. If you worked more than 40 hours in a workweek and were not paid time-and-a-half, you may have a claim. We handle individual cases and large collective actions. The review is free and there is no obligation.

You can choose either path; you generally cannot run both at the same time. Filing a complaint with the Department of Commerce wage-and-hour office is free and can recover unpaid wages. In our experience, the Department of Commerce is often not as aggressive in pursuing wages as a private attorney will be. A private lawyer only gets paid if you get paid, so they have an incentive to maximize your recovery. Another difference is that you control the direction of the case with a private lawyer because the lawyer works for you. The Department of Commerce may have its own agenda and pursue a case in the way that it sees fit. A private lawsuit can cover a group of workers, add federal FLSA claims, and ask the court to have the employer pay attorney’s fees. If the problem is widespread or the deadline is close, talk to a lawyer before you file.

It is a federal minimum-wage or overtime case that other employees join by opting in. That is how groups of workers with the same pay practice (the same timekeeping system, the same off-the-clock rule) pursue claims together. We also bring class actions under state law where the rules allow. Many unpaid-wage cases involve a pattern that affects workers across stores or locations. Proceeding as a group can sometimes give you more bargaining power. It is a strategic decision that you can make with your lawyer.

Under the FLSA you generally have two years from when the wages were due — three years if the violation was willful. Ohio overtime and minimum-wage claims have their own limits, and waiting can cut off older weeks of pay. Deadlines are short. If you think you were underpaid, do not wait. Call (513) 202-0710 or request a free review.

It is time you actually worked that your employer did not pay (setting up before your shift, staying after close, working through unpaid breaks, or answering work messages off the clock). If those hours were worked, they generally must be paid, and they count toward overtime.

There is usually no hourly bill for the worker. We handle these cases on a contingent-fee basis: no fee unless we recover. In most FLSA and state wage claims the law also allows us to seek our fees from the employer, which makes it possible to pursue both large collective actions and smaller individual matters. The case review is free and there is no obligation.

The federal FLSA, Ohio Constitution Article II, Section 34a, and Ohio Revised Code 4111.03, 4111.10, and 4113.15. The FLSA sets minimum wage and overtime after 40 hours in a workweek. Section 34a sets Ohio’s minimum wage and gives workers a right to sue. Sections 4111.03 and 4111.10 address overtime pay and an employer’s liability for unpaid wages, including attorney’s fees. Section 4113.15 covers how often employees must be paid and can give workers additional damages when wages go unpaid.

It depends on your state law. Many states allow class actions for both unpaid overtime and unpaid minimum wages. Ohio is more nuanced.

In Ohio, unpaid minimum-wage claims can proceed as a class action. Unpaid overtime usually proceeds as a collective action, not a traditional class. Other employees join by opting in. Ohio’s Prompt Pay Act (R.C. 4113.15) can also support a class in some cases. Which path fits depends on the claim and the court. If the underpayment came from the same policy, we can tell you whether there is a case to join or a new one to file.

Overtime is generally due at one and one-half times your regular rate for hours over 40 in a workweek. Claims arise when those hours go unpaid, when the regular rate is calculated too low, or when off-the-clock time is left off the clock. Ohio uses the 40-hour week; extra pay is not automatically required just because a single day was long.

You might. Required training, meetings, and certain travel time generally must be paid, and those hours count toward the 40-hour overtime threshold. If your employer held a pre-shift huddle, assigned online training after you clocked out, or sent you between locations without pay, that time can be unpaid wages. Tell us what happened. The review is free.

Yes. If deductions, uniforms, or unreimbursed job costs push what you actually keep below the minimum wage, that can violate the FLSA and Ohio law. The same idea appears in delivery-driver cases: money that comes out of your pocket for the employer’s benefit cannot leave you below the floor. Keep pay stubs and a note of what was taken out.

It is the rate used to calculate time-and-a-half, and it is not always your posted hourly wage. Non-discretionary bonuses, commissions, and certain other pay often must be included. If an employer pays overtime on the base hourly rate only, the overtime line on your stub can still be too small. Incorrect regular-rate calculations are a common issue we handle.