Wage and Hour Attorney
You show up and work hard everyday. You expect that your paycheck will pay you for all hours worked and in accordance with the law. However, far too often, employers fail to properly calculate and compensate for all wages earned. Sometimes the miscalculations are an oversight, other times they are willful. In either case, employees are entitled to the unpaid wages wrongfully denied. Attorney Kevin M. McDermott II represents such workers not properly paid wages in violation of the Fair Labor Standards Act and Ohio’s overtime, minimum wage, and prompt pay provisions.
Ohio and federal law require the payment of overtime compensation to most employees who work more than 40 hours per week. State and federal law exempt certain types of employees from the overtime and minimum wage provisions, though many "exempt" employees are wrongly misclassified by their employers resulting in unpaid wages. Some types of jobs that are clearly exempt under the law include doctors, pharmacists, accountants, and managers with true management authority.
Under the FLSA, non-exempt employees are entitled to overtime compensation calculated as 1.5 times the employee’s regular hourly rate. In situations where a worker receives a bonus, commission, or other type of nondiscretionary compensation the additional earnings must be considered when calculating the overtime rate. While the resulting additional compensation may be minimal on a weekly basis the total unpaid wages over longer periods can be significant.
Do you calculate your hours but when you get your paycheck the amount paid does not add up?
Have you ever worked more than 40 hours in one workweek but were not paid overtime at a rate of one and one half times your regular hourly rate?
Are you paid a salary and your employer refers to you as a "manager" or "assistant manager," but your duties are not primarily executive in nature and/or you do not supervise two or more other employees?
Is a lunch or meal break automatically taken out of your paycheck though you do not actually take a bona fide meal break where you are completely relieved from duty?
Do you receive a non-discretionary bonus that encourages employees to work more steadily, rapidly or efficiently, but your overtime rate for overtime hours worked is not increased during the week(s) you receive the bonus?
Does your employer classify you as an Independent Contractor and refuses to pay you overtime but you feel that you are actually an employee?
Do you ever engage in preliminary (before you start work) or postliminary (after you stop) principal activities that you are not paid for?
If you responded yes to any of these questions you may not have been paid what you deserve and are required to be paid under Ohio and federal law. Thankfully, Ohio and federal laws protect employees' rights to be paid Minimum Wage and Overtime. If a violation of federal and/or state law is found, you may be entitled to:
Unpaid back pay
Liquidated damages calculated as the amount equal to unpaid back pay
Prejudgment interest
Attorney’s fees and costs
If you think you have not been paid what you deserve and are required to be paid and would like to speak to a lawyer, Attorney Kevin M. McDermott II will personally assess your case and charges nothing for the opportunity to meet you and hear your story.
Call Kevin at (216) 367-9181 for a Free Consultation
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