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Ohio’s New Minimum Wage Law: What Does It Mean for Me?

by | Feb 15, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees |

Some good news to start 2022: as of January 1, 2022, the minimum wage for the state of Ohio has increased by 50 cents per hour, it’s largest increase in 15 years. While this increase is certainly a sign of progress, we must acknowledge that our attorneys here at Spitz, The Employee’s Law Firm know the minimum wage in Ohio still has a ways to go before it mirrors the steep rise in the cost of living and becomes a “livable wage.”

This new wage increase brings new questions and a new importance to hold employers accountable and ensure these companies pay their employees what they are legally entitled to. Make no mistake about it: if your employer is not paying its employees at or above minimum wage, not paying employees overtime pay as required by law, or even not paying an employee for all of the hours the employee worked, that employer is stealing from their employees. We’ve put together some frequently asked questions regarding this new law, as well as some reasons why it is so important to keep an eye on your paychecks.

What is Ohio’s new minimum wage?

Best Wage and Hour Lawyer Answer: As of January 1, 2022, minimum wage increased in Ohio for non-tipped employees from $8.80 per hour to $9.30 per hour. For tipped employees, the base pay increased in the new year as well, from $4.35 to $4.65 an hour. However, for workers in the state of Ohio under the age of 16, their minimum wage stayed at $7.25 per hour (this is the Federal Minimum wage). One thing to keep in mind for this call: a key point in this law is t or individuals who work at companies with gross receipts below $342,000,

How does this effect overtime pay for employees making minimum wage?

Best Wage Theft Attorney Answer: Both the Fair Labor Standards Act (“FLSA”) and Ohio Fair Labor Standards Act require that most employees paid hourly (and even some that are salaried) must be paid at one and one-half times their regular rate of pay per hour for any hours worked in excess of 40 hours in one workweek. This new minimum If you are a non-exempt employee and you work more than 40 hours in a workweek, you are eligible to receive one and one-half times your regular pay rate for every hour over 40.

Can my boss make me do non-tipped work and still pay me at the tipped wage rate?

Best Wage Violation Lawyer Answer: Under the FLSA, an employer cannot pay their tipped employees the lower minimum the lower tipped wage during any of these situations:

  1. If the employer does not tell tipped employees of the provision of the tip-credit subsection of the FLSA.
  2. When the employer requires its tipped employees to perform non-tipped
    work that is unrelated to the employees’ tipped occupation. For example, if an employee is in a dual role (like an employee who is server and a cook), their employer would have to pay this employee at the non-tipped employee minimum wage for their time spent as a cook.
  3. When the employer requires its tipped employees to perform non-tipped work that exceeds twenty percent of the employee’s time worked during a work week, even if it is related to the employee’s tipped occupation.

The third variety of wage violation led to a class action lawsuit against Bob Evans, who asked its servers to clean floors, scrub walls, wash dishes, prepare food, stock soda machines, and cleaning the kitchen. While some of these duties are expected duties for a server, scrubbing walls and floors are clearly outside what should be expected of a server. When an employer mandates their tipped employees do non-tipped work, thereby taking away their ability to gain tips, this is wage theft. In the example above, Bob Evans settled this matter in August of 2018 by paying the class members and similarly situated employees a total of $2,790,000 for their stolen wages. This exact situation could be happening to thousands of unaware employees. It is imperative that employees stay vigilant regarding their hours and rate of pay. If you find your employer is not paying you what they are mandated by law and stealing from you, contact our office by calling pay 844-213-0501, or visit www.calltherightattorney.com to set up a free initial consultation.

Who does wage theft affect the most?

Best FLSA Attorney Answer: According to Policy Matters Ohio, around 217,000 Ohioans are illegally paid less than minimum wage. These employees could be your friends, neighbors, or even you. On average, these employees who had their wages stolen are losing on average $2,800 each year. If these employees are working full time, they would lose just over 22 percent of their earnings. Think about not only what employees could use this additional $2,800 for now, but also how this compounds year after year.

Wage theft targets employees of all demographics, but it disproportionally affects women and people of color. 62% of employees who are victims of wage theft are women. Black workers are 70.1 percent more likely than their white counterparts to be victims of minimum wage discrimination. These instances of wage theft, compounded with the pre-existing pay disparities on gender as well as race, combine to impact household incomes across the state of Ohio specifically and the United States in general.

What do I do if my paycheck is short?

Best Ohio Employment Lawyer Answer: It is your responsibility as an employee to double check the accuracy of your pay. Employees owe it to themselves and their co-workers to ensure their employers are not stealing money from them employees have rightfully earned. Our wage and hour lawyers here at Spitz acknowledge challenging illegal acts by your employer can be a daunting task. That’s why you need the right attorneys that will provide you with the best options for your wage and hour pay dispute situation, and fight for what is yours. If you believe that your employer is not in compliance with the new minimum wage law, unlawfully deducting money from your paycheck or not paying you all of your wages, not paying you time and a half for overtime, or is otherwise cheating you out of wages, you may have a claim under either the Federal Fair Labor Standards Act or Ohio Fair Labor Standards Act. Give our office a call at 844-213-0501, or visit www.calltherightattorney.com to set up a free and confidential initial consultation.

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?”, “when does my job have to pay me the new minimum wage”, “what should I do if I am being paid less than minimum wage,” 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.