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Top Wage and Hour Lawyer Response: Is Everyone Entitled To Earn Minimum Wage?

On Behalf of | Aug 27, 2014 | minimum wage violation |

Best Ohio Wage & Hour Lawyer Reply: Who is entitled to minimum wage under the FLSA? What should I do if my job is not paying me at least minimum wage? Am I exempt from minimum wage requirements? How do I find the top overtime attorney in Ohio?

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Under the Fair Labor Standards Act (“FLSA”) employers must pay all covered, non-exempt employees a minimum wage of $7.25 per hour ($7.95 in Ohio). Under these same wage laws, the employer must pay these employee time and a half for every overtime hour that such employee works over 40 hours. Employers must also keep accurate records of its employees’ wages and hours worked.

Many workers come to our wage and hour lawyers and say, “My boss said that I am not a covered worker and that he does not have to pay me minimum wage.” What is the requirements to be a covered employee for the purposed of minimum wage? It is really simple. Be employed in any capacity except one of the following jobs:

  • Babysitters on a casual basis
  • Companions for the elderly or infirm
  • Workers with disabilities
  • Federal criminal investigators
  • Employees engaged in fishing operations
  • Homeworkers making wreaths
  • Newspaper delivery
  • Newspaper employees of limited circulation newspapers
  • Switchboard operators of small telephone companies
  • Employees of certain seasonal amusement or recreational establishments
  • Seamen employed on foreign vessels
  • Farm workers employed on small farms (i.e., those that used less than 500 “man‑days” of farm labor in any calendar quarter of the preceding calendar year)
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So what about those menial jobs, such as the baggers at the grocery store? Yes, even if you are the person who bags groceries at the local supermarket and that is your sole duty, you still are entitled to be paid at least minimum wage under federal law. Recently, the Department of Labor (“DOL”) received a consent judgment against a supermarket chain based out of Queens, New York that was consistently failing to pay its grocery baggers at least minimum wage. Specifically, the DOL uncovered that many of the supermarket’s grocery baggers worked for tips only, and two other baggers were paid a minimal salary each week. Regardless of the method of payment, the pay received by the grocery baggers fell below the required minimum wage.

As a result of the FLSA violation, the supermarket chain entered into a consent judgment in the amount of $248,115 in back wages and $124,057 in liquidated damages for the 18 workers in question. The company also agreed to pay civil money penalties to the tune of $7,480 and post FLSA posters in all stores in an effort to prevent future 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.

Disclaimer:

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.