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What legal steps can I take if my employer is violating Ohio labor laws by not providing me with overtime pay for working more than 40 hours a week?

Picture of Chris Battis By   ·  1 minute read

As an employee in Ohio, you are entitled to receive overtime pay for any hours worked in excess of 40 hours per week. Failing to receive this pay is a violation of Ohio labor laws.

If your employer is violating Ohio labor laws by not providing you with overtime pay for working more than 40 hours in a week, there are several legal steps you can take:

  1. Bring it to your employer's attention: Start by discussing the issue with your employer. They may not be aware of their obligation to pay overtime or there may be a misunderstanding about your work hours. It is always better to attempt to resolve the situation in a professional and friendly manner before proceeding to any legal steps.
  2. File a complaint with the Ohio Department of Commerce/Wage and Hour Bureau: If speaking with your employer does not resolve the issue, you can file a formal complaint with the Ohio Department of Commerce/Wage and Hour Bureau. They will investigate and mediate the dispute to determine if your employer has violated labor laws.
  3. File a lawsuit: You can also file a lawsuit against your employer for violating Ohio labor laws. This legal step can be taken if the Wage and Hour Bureau is not able to resolve the issue or if you wish to pursue the matter in court.

In order to file a lawsuit, you will need to gather evidence that shows your employer has violated labor laws. Evidence can include pay stubs, time sheets, and any communication with your employer about overtime pay.

It is important to note that there are potential limitations to taking legal action. Depending on your employment contract, you may have agreed to resolve disputes through arbitration rather than filing a lawsuit. Additionally, if you are an independent contractor rather than an employee, you may not be entitled to overtime pay.

If you believe that your employer has violated Ohio labor laws by not providing you with overtime pay for working more than 40 hours in a week, it is recommended that you consult with a licensed attorney who can advise you on the best course of action based on your specific circumstances.