Best Ohio Overtime Wage Attorney Response: Am I entitled to be paid for every hour that I work for my employer? If I work over 40 hours per week, am I entitled to overtime pay? So what should I do if I know my employer is not paying me less than the minimum wage or not paying me overtime compensation when I work over 40 hours per week?
A recent settlement between a Domino’s franchisee and several of its delivery workers highlighted several wage and hour violations under the Fair Labor Standards Act (“FLSA”). At the end of the day, DPNY, Inc., the Domino’s franchisee, agreed to pay $1.28 million to 61 workers to settle the claims. Specifically, the workers alleged that DPNY, Inc. committed several violations.
Am I entitled to be paid for every hour that I work for my employer? Yes, the minimum wage provisions of the FLSA require that an employer pay its employees at a wage rate of at least the minimum wage for every hour worked. In the Domino’s case, several of the delivery workers complained that they were working 50-65 hours per week but would only be paid for 40-45 hours of work. Thus, the delivery workers were essentially working about 10-20 hours per week for free. If proven, this conduct would be in clear violation of the FLSA’s minimum wage provisions. But that’s not the only violation happening here.
If I work over 40 hours per week, am I entitled to overtime pay? While the minimum wage analysis is usually rather straightforward, whether an employee is entitled to overtime pay depends on several factors such as whether the employee is paid hourly or salary and whether the employee’s job duties or skills render him/her exempt from the overtime requirements. In Domino’s case, the delivery workers were paid hourly and alleged that they worked well over 40 hour per week. If the workers were able to prove that they were entitled to overtime compensation under the FLSA, then DPNY would have been required to pay each of the workers time-and-a-half for every hour worked over 40 during the workweek and pay their attorneys’ fees.
So what should I do if I know my employer is not paying me less than the minimum wage or not paying me overtime compensation when I work over 40 hours per week? If you want to complain to your employer about these issues but fear that you might be retaliated against or wrongfully terminated, the FLSA prohibits an employer from taking any kind of retaliatory action against an employee who files any complaint with the employer regarding a suspected violation of the FLSA, including minimum wage or overtime compensation violations.
If you believe that your employer is not paying you all of your wages, paying you less than minimum wage, unlawfully deducting money from your paycheck, not paying you time and a half for overtime, or is otherwise cheating you out of wages requires contact the minimum wage violation lawyers and overtime claim attorneys at The Spitz Law Firm today for a free and confidential initial consultation. You may have a claim under the Federal Fair Labor Standards Act or Ohio Fair Labor Standards Act. The wage and hour lawyers at The Spitz Law Firm will provide you with the best options for your wage and hour pay dispute situation. If you even think that you may be entitled to overtime pay that you are not being paid, call 866-797-6040.
The materials available at the top of this overtime, wage and hour web page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “Am I entitled to overtime?”, “Does my job have to pay me for …”, “My paycheck is not right…” or “What do I do if…”, the your best option is to contact an Ohio overtime attorney to obtain advice with respect to FLSA questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at the top of this page or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.