Best Wage & Hour Lawyers in Akron

About Wage & Hour Law in Akron, United States

Wage and hour laws in Akron, Ohio, fall under both federal and state regulations aimed at ensuring fair pay and working conditions for employees. These laws cover various aspects including minimum wage, overtime pay, breaks, recordkeeping, and child labor regulations. The U.S. Department of Labor (DOL) enforces federal laws through the Fair Labor Standards Act (FLSA), while the Ohio Department of Commerce and Ohio Revised Code govern state-specific laws. Employers are required to comply with both sets of laws, whichever provides the greater benefit to the employee.

Why You May Need a Lawyer

There are several situations where you might need legal assistance in Wage & Hour matters:

1. Unpaid Wages: If your employer has failed to pay you for the hours you worked, including regular and overtime hours.

2. Misclassification: If you are classified as an independent contractor instead of an employee, or an exempt employee instead of a non-exempt one, affecting your eligibility for overtime pay.

3. Wage Disputes: Disputes over hourly wages, salary, and tips that violate minimum wage laws.

4. Recordkeeping: Issues regarding improper or incomplete recordkeeping of hours worked and wages paid.

5. Retaliation: If you have faced retaliation from your employer for filing a complaint or lawsuit regarding wage violations.

6. Breaks and Meal Periods: Disputes involving denial of legally mandated breaks and meal periods.

Local Laws Overview

Here are some key aspects of local laws important in Akron:

Minimum Wage: As of 2023, Ohio's minimum wage is $10.10 per hour for non-tipped employees and $5.05 per hour for tipped employees. Employers must comply with federal minimum wage standards if they provide greater benefits to employees.

Overtime: Non-exempt employees must receive overtime pay at one and a half times their regular rate for any hours worked over 40 in a workweek, according to the FLSA.

Meal and Rest Breaks: Ohio law doesn't mandate meal or rest breaks for employees over the age of 18. However, federal law does require that short breaks (usually lasting about 5 to 20 minutes) be paid.

Child Labor Laws: Minors under 18 years of age are subject to work hour limitations and prohibited from performing hazardous work.

Recordkeeping: Employers must maintain accurate records of hours worked and wages paid to all employees as required by both federal and state laws.

Payday Requirements: Employees must be paid at least twice per month, and within certain time frames after the work is performed.

Frequently Asked Questions

What is the current minimum wage in Akron?

The current minimum wage in Ohio is $10.10 per hour for non-tipped employees and $5.05 per hour for tipped employees as of 2023.

Am I entitled to overtime pay?

If you are a non-exempt employee, you are entitled to overtime pay at a rate of one and a half times your regular hourly wage for any hours worked over 40 in a workweek.

How can I determine if I am misclassified as an exempt or non-exempt employee?

Consulting a lawyer can help you determine your classification based on your job duties and salary. Exempt employees typically include those in executive, administrative, and professional roles, who meet specific criteria set by federal and state laws.

What should I do if my employer is not paying me overtime?

You should document your hours worked and wages paid. Then consult with a wage and hour attorney to explore legal options for recovering unpaid overtime.

What constitutes retaliation from an employer?

Retaliation can include termination, demotion, reducing hours, or creating a hostile work environment because you filed a wage and hour complaint.

How can I file a complaint about a wage and hour violation?

You can file a complaint with the U.S. Department of Labor or the Ohio Department of Commerce, Division of Labor and Worker Safety, or consult with an attorney for guidance.

Are breaks and meal periods mandatory in Ohio?

For employees over 18 years old, breaks and meal periods are not mandatory under Ohio law, but federal law requires short breaks (lasting 5 to 20 minutes) to be paid.

What records should my employer keep concerning my pay and hours?

Employers must keep records of hours worked, wages paid, withholdings, and other relevant employment details as required by both federal and state regulations.

What are my rights if I am an independent contractor?

Independent contractors have different rights and protections compared to employees. If you believe you are misclassified, you may have grounds for reclassification and entitlement to employee benefits and protections.

Can minors work in any job in Ohio?

Minors under 18 are restricted from working in hazardous occupations and have limitations on the number of hours they can work, especially during school days and weeks.

Additional Resources

Ohio Department of Commerce, Division of Labor and Worker Safety - Handles wage complaints and enforces state labor laws.

U.S. Department of Labor – Wage and Hour Division (WHD) - Enforces federal labor laws including the FLSA.

Akron Bar Association - Provides legal resources and can help with attorney referrals.

Legal Aid Society of Cleveland - Offers free or low-cost legal assistance for qualifying individuals in Akron and surrounding areas.

Next Steps

If you need legal assistance in Wage & Hour matters, consider taking the following steps:

1. Gather Documentation: Collect records of hours worked, wages paid, and any communication with your employer regarding payment and classification issues.

2. Consult a Lawyer: Reach out to a qualified wage and hour attorney who can provide legal advice and help you understand your rights and options.

3. File a Complaint: If necessary, file a complaint with the relevant state or federal agency, such as the Ohio Department of Commerce or the U.S. Department of Labor.

4. Seek Alternative Dispute Resolution: In some cases, mediation or arbitration may be an effective way to resolve wage and hour disputes without going to court.

5. Stay Informed: Keep yourself updated on changes in wage and hour laws to ensure ongoing compliance and protection of your rights.