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Wage & Hour Claims and the Federal Labor Standards Act (FLSA)

Under both state and federal law, employers must comply with certain minimum wage and overtime pay requirements. Despite these laws, employers—whether intentionally or otherwise—sometimes fail to pay their employees all that they are entitled. If you believe you are owed additional compensation for your work, we encourage you to contact one of our Employment lawyers. We are committed to ensuring that workers are compensated fairly, and we have a long history of helping our clients collect compensation owed to them.

The lawyers at McCarthy Lebit are aware that navigating wage and hour laws as an employer can be difficult. If you own a business and have questions about your legal obligations, we encourage you to contact our office as well. McCarthy Lebit offers comprehensive advice and consultation regarding employer-compliance with wage and hour requirements.

Who We Are

We have successfully resolved and litigated a myriad of wage and hour disputes, including both single-plaintiff matters as well as lawsuits on behalf of groups of employees (often referred to as “collective actions”), and we are widely respected for our knowledge, expertise, and ability to deliver results.

When prosecuting a wage/hour claim, we fight aggressively for our clients to recover all compensation to which they may be entitled. This often includes the client’s actual lost wages, plus any other applicable damages that may be available under applicable law – including attorneys’ fees.

When advising our business clients (employers) on wage and hour compliance, we draw upon our experience handling these disputes on behalf of employees to help ensure compliance with the law and to help avoid costly litigation.

How We Help

Our employment law group is intimately familiar with the laws and regulations governing employee pay. The Fair Labor Standards Act (FLSA) and the Ohio Minimum Wage Standards Act (OMFWSA) require employers to pay a statutory minimum wage and to pay their non-exempt employees overtime premiums (usually “time and a half”).

Most often, we represent employees in wage and hour disputes and help them recover their earned, but unpaid, wages from their employer. We have significant experience handling the following types of wage and hour claims:

  • Ensuring employees are paid no less than the minimum wage
  • Determining if an employee is non-exempt and, therefore, entitled to overtime premium payments
  • Helping employees who have been denied overtime because they were misclassified as exempt from the overtime laws
  • Helping employees who are made to do extra work at the beginning and/or end of their shift to get paid for that time (“donning and doffing”)
  • Assisting when an employer has wrongfully withheld a paycheck
  • Prosecuting claims related to an employer’s failure to pay earned wages or an employer’s willful miscalculation of pay

On the employer side, we provide advice and counsel to business owners and employers regarding their legal obligations under the FLSA and the OMFWSA. These corporate engagements often involve a review of existing pay policies and practices, as well drafts of new policies aimed at helping employers comply with their wage and hour obligations and avoid protracted legal disputes.

Who We Represent

At McCarthy Lebit, we firmly believe that the wage and hour laws exist for a reason, and we are proud to represent employees who have been wrongly denied the expected compensation for their work. Because we also believe that prevention is often the best solution, we also help a wide range of businesses prospectively prevent wage/hour disputes before they are even filed in court.