If an employer is not paying the minimum wage required by Ohio law, the affected employee may take legal action. In Ohio, employers must comply with both federal and state minimum wage laws. The federal minimum wage is currently $7.25 per hour, while the Ohio minimum wage is $8.80 per hour. The higher minimum wage (in this case, the Ohio minimum wage) applies.
If an employee is not being paid the minimum wage, they can file a wage claim with the Ohio Department of Commerce, which enforces wage and hour laws in the state. The wage claim must be filed within two years of the date the wages were due. The department will investigate and attempt to resolve the claim.
If the employer is found to have violated minimum wage laws, the department will order the employer to pay back wages and may assess penalties against the employer. The employee may also be entitled to attorney's fees and court costs if they decide to pursue legal action.
In addition to filing a wage claim, the employee may also be able to file a lawsuit against the employer. If the employee chooses to file a lawsuit, they may be able to seek damages such as back pay, interest, and liquidated damages (i.e., an additional amount equal to the back pay owed). They may also be entitled to attorney's fees and court costs.
It is important to note that there may be some exceptions to minimum wage laws. For example, employees who receive tips may be paid a lower hourly rate, as long as their tips bring their total earnings up to or above the minimum wage. Certain industries, such as agriculture and some types of domestic work, may also have different minimum wage requirements.
If an employee believes they are not being paid the minimum wage, they should contact an attorney or the Ohio Department of Commerce to discuss their options.
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