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If I Do Domestic Work, Can I Sue For Overtime Pay? I Need A Lawyer!

On Behalf of | Jul 30, 2015 | minimum wage violation, overtime time violation |

Ohio Overtime and Wage Claims Attorney Best Answer: Am I legally entitled to overtime wages? What should I do if I am working overtime but my employer will not pay me overtime at time and a half? Does Ohio law require an employer to pay overtime wages to all employees? What type of lawyer do I need to sue my employer for wage theft?

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Even divas have to follow employment laws. The world famous superstar Mariah Carey knows how to write #1 hit music songs, but if she doesn’t know nuances of overtime compensation laws and regulations, she may have to start learning them.

Mariah Carey’s former live-in nanny, Simonette DeCosta and her attorneys filed a wage claim lawsuit against pop-star Mariah Carey and her estranged husband Nick Cannon in a New York district court. The basis of DeCosta’s lawsuit is that she is owed damages for unpaid overtime.

According to the suit, DeCosta was the full-time nanny for Carey and Cannon’s 3-year-old twins, Moroccan and Monroe, from October 2013 through her termination on Jan. 26, 2014. She was paid between $3,000 and $3,600 twice a month, the suit claims.

DeCosta is suing for “unpaid overtime wages, premium wages, liquidated damages,” and attorney fees. Here are some of the most shocking claims laid out in the lawsuit: “Ms. Carey terminated [DeCosta] after berating her for exhibiting too much affection towards her children;” DeCosta “often worked well over 100 hours per week” but did not receive overtime compensation for working over 40 hours each week; she was not allowed to take breaks for meals, or even sleep at times; and that Mariah would often call DeCosta at hours in the middle of the night and demand to be taken to her children, or to be updated as to the status of her children and would not tolerate any delay.

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Although a representative for Mariah Carey commented that DeCosta’s claims are frivolous, it appears that the legitimacy of the lawsuit will be determined by the courts.

Ohio law dictates that qualified employees are entitled to overtime wages. As provided by Ohion R.C. § 4111.03(A) “[a]n employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek, in the manner and methods provided in and subject to the exemptions of . . . the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.”

As referenced in Ohio R.C. § 4111.03(A), the Fair Labor Standards Act (“FLSA“) sets forth which type of employees are entitled to overtime wages and those employees who are exempt from being paid overtime wages. The determination of whether a particular employee is legally entitled to overtime wages is a question of law and can require very detailed and extensive legal research and analysis, and in most instances will require the advise and legal counsel of an experienced overtime claims attorney.

While all claims for overtime wage violations may not be as “glamorous” as DeCosta’s claims against Mariah Carey and Nick Cannon, all aggrieved employees should consult the guidance of skilled legal counsel in order to seek remedies for an employer’s wage violations.

If you believe that your employer is not paying you all of your wages for all of your lawfully earned overtime compensation at a rate of one and half times your normal wages as requires under the Federal Fair Labor Standards Act or Ohio Minimum Fair Wage Standards laws or you are an nonexempt employee that has been misclassified as exempt or independent contractor, contact the attorneys at The Spitz Law Firm today for a free and confidential initial consultation. The wage and hour lawyers at The Spitz Law Firm will provide you with the best options for your overtime 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.