If an employer fails to pay an employee all of the salary, wages, or benefits that they are entitled to receive, it is a form of wage theft under Ohio labor laws. Examples of what is considered unpaid wages include failing to pay overtime when earned, withholding too much money for tips, or incorrectly classifying an employee so that they do not earn the overtime they are entitled to receive.
This practice is illegal and may also be called withholding salary or withholding wages. There are several different ways that wages may not be paid, such as:
- An employee is intentionally miscategorized so that they are paid less than they should be
- Clerical or administrative errors occur
- The employer failed to pay overtime wages that were legally required
- An employer fails to pay an employee the correct minimum wage
- The worker was not paid for all of their time on the job
- In other words, they are made to work “off the clock”
- A worker’s salary is withheld when they file for disability
- There is a dispute about paid leave or other benefits
- Business expenses the worker paid out of pocket were not reimbursed
There may be both federal laws and Ohio state laws that set the minimum wage that the majority of workers are entitled to receive. These wage laws also identify the types of workers who are entitled to receive overtime pay for working longer than a certain number of hours per day or per week.
There are times when employers are not in compliance with the federal and state minimum wage and overtime laws. Some employees work under employment contracts that outline the salary and benefits that they are to receive in exchange for their performance under the contract.
When an employer does not pay their employee the full salary they are owed or if they fail to provide all of the benefits they agreed to in their employment contract, the employer has breached the employment contract.
What Should I Do if My Employer Has Not Paid Me?
Under Ohio labor laws, there is a minimum hourly wage for workers who earn hourly pay, in addition to overtime requirements employers must pay. There are multiple ways that individuals may take action when their employer has not paid them.
Employees can file complaints related to their wages with the Wage and Hours Division (WHD) of the U.S. Department of Labor. It is important to be aware that there are time limits to file an unpaid wages claim.
Employees may also be able to file a lawsuit in a federal court. A lawsuit can be filed up to two years following the violation or the day when the employee’s wages became unpaid.
In cases where the employer willfully engaged in the violation, the time limit to file a lawsuit will be three years. An employee will not be able to file a lawsuit if they have already been paid the wages they were owed after they filed a complaint with the WHD.
If an employee is a member of a union, they should start by reporting their issue to their union representation. In these situations, the employee’s union may be able to resolve the issue. To get more information on resolving an unpaid wages issue, an employee should consult with a local Ohio lawyer.
How Do I File an Unpaid Wages Complaint?
An employer cannot terminate or otherwise punish employees who have filed unpaid wages claims. If a worker files an unpaid wages claim, it may include:
- Informing the worker’s employer about the unpaid wages and requesting they be corrected.
- If the employer has a human resources department, the worker can consult with the human resources (HR) department to resolve their issue.
- Contacting the Wage and Hour Division (WHD) of the U.S. Department of Labor to report an alleged violation of the Fair Labor Standards Act (FLSA).
- Filing a complaint with the proper government agency, such as the Equal Employment Opportunity Commission (EEOC).
- Filing a civil lawsuit.
- This may be appropriate if an employee has a written employment contract.
Typically, when a worker files an internal complaint with the HR department, it will be enough to correct a simple mistake or oversight. However, if the complaint also involves the HR department or if the internal process does not resolve the worker’s issue, they may have to file a lawsuit.
If multiple employees are affected by their employer’s unpaid wages, a class action lawsuit may be filed. In certain cases, wage issues may also involve employment discrimination against the worker on the basis of gender, race, or other characteristics.
How Much Can I Sue for Unpaid Wages?
How much a worker can sue for and recover in an unpaid wages claim will depend on the amount of money that the employer owes the worker. Generally, a worker will be able to recover the full amount of the wages they are owed in addition to interest, attorney’s fees, and costs.
What Are the Legal Consequences and Remedies for Unpaid Wages?
As discussed above, it is against the law for employers to withhold a worker’s earned salary. An unpaid wages lawsuit can result in negative legal consequences for an employer, which may include:
- Having to pay the worker a damages award to make up for lost wages as well as other costs
- Being required to change company policies or replace the policies that led to the issue
- Terminating a supervisor or worker who was responsible for the unpaid wages issue
- The business itself may face consequences, such as an imposition of civil fines or suspension of a business license
In some cases, damages awards will completely compensate the worker for losses they suffered. Common examples of remedies awarded in unpaid wages claims include:
- Recovering all of the unpaid wages the employee is due
- Reinstating the employee to their former position
- Investigating the company’s policies
- The employer having to pay punitive damages
How Can I Prove an Unpaid Wages Claim?
When a worker is trying to prove an unpaid wages claim, having documentation of the issue is the key to a successful claim. A lawsuit for failure to pay wages will usually require records, documents, and statements.
Examples of documents that are often necessary in unpaid wages claims include:
- Tax papers, such as W2s
- Pay stubs and timesheets
- Receipts and other documents, such as if an employer is withholding reimbursement for out-of-pocket payments
A worker should keep detailed records about their earned wages, including documentation of the hours they worked.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If you have any issues collecting your wages in Ohio or any type of wage dispute, it may be complicated to resolve because there may be multiple legal issues involved. For example, your claim may involve discrimination and federal and state laws.
Because of these nuances in the law, it is important to consult with an Ohio employment attorney. Your attorney will help you understand the Ohio laws and federal laws that may apply to your dispute and help you obtain the wages you are owed.
You can use LegalMatch for a no-cost and convenient way to find an Ohio employment lawyer near you who can help. Just submit your issue on the website in as little as 15 minutes, and you will be matched with attorneys in your area who are ready to work on your case.
