Best Ohio Wage And Hour Attorney Answer: Is Ohio’s minimum wage going up in 2016? How often does Ohio’s minimum wage increase? What is the difference between Ohio’s minimum wage and the federal minimum wage?
As our wage and hour attorneys have blogged about regularly, employers’ violations of minimum wage law are a big problem around Ohio. (See Top Wage Lawyer: Is Everyone Entitled To Earn Minimum Wage?; How Much Is Ohio’s Minimum Wage In 2015?; Can Amusement Park Workers Be Paid Less Than Minimum Wage?; Can My Job Call Me A Volunteer And Not Pay Me?; and Should Outside Sales People Be Paid Minimum Wage?). For those earning minimum wage, every cent earned is in your paycheck critical to keeping your family housed, clothed, and fed.
Unlike many states, Ohio’s minimum wage is constitutionally tied to inflation. As a result, when there is inflation, the lowest paid workers in Ohio will usually see an increase in how much they are paid. Section 34a of the Ohio Constitution states:
The state minimum wage rate shall be increased effective the first day of the following January by the rate of inflation for the twelve month period prior to that September according to the consumer price index or its successor index for all urban wage earners and clerical workers for all items as calculated by the federal government rounded to the nearest five cents.
Last year, this resulted in an increase in Ohio’s minimum wage from $7.95 an hour to $8.10 an hour ($4.50 an hour for tipped employees). However, in 2016, there will be no change in the rate. As a result, minimum wage earners in Ohio will have to hope that an improving economy also leads to inflation in 2016.
As bad as $8.10 per hour may seem, it is still better than the federal minimum wage, which remains at a dismal $7.25 per hour. However, because employers who are subject to both the Fair Labor Standards Act (“FLSA“) and Ohio law must pay their employers the higher of the two minimum wage rates, most employees make the higher rate. However, Ohio law allows smaller employers who currently gross less than $297,000 a year to pay their workers the lower federal rate. Likewise, Ohio employers who employ employees under the age of 16 can pay those employees the federal rate.
Despite this year’s bad news, there is still hope for Ohio workers. Back in October of last year, the Ohio Fair Wage Amendment – which would raise the Ohio minimum wage to $10.00 per hour by 2017, and to $12.00 an hour by – was certified by Attorney General Mike DeWine. If backers of the law can obtain the needed 305,591 signatures necessary to put the issue on the ballet by July, Ohio voters will be able to decide the issue this during the upcoming November election.
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 Spitz, The Employee’s 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 Spitz, The Employee’s 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 Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.