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One must get paid for the overtime he/she have worked for their employer. In case of any unpaid wages, it is the right of every employee to sue the employer.
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REPORTING AND RECOVERING YOUR UNPAID WAGES
Securing unpaid wages might seem like a daunting task but every deserving person should get a shot at what they are worthy of. In Ohio, an employee should be paid overtime at one and half the wage rate for hours worked over 40 in a work week. The law demands that an employer pay wages timely. Workers should demand wages for any work if the employer has not paid. If the employer fails to do this, then an appeal can be made in the courts. In case of unpaid wages, the first thing to do is to contact your employer and it is advisable to do so in writing by email or letter. It works as evidence that you have made a request to your employer that they pay what they owe you. The court can find the employer to owe the employee an additional amount equal to 6% of the claim or $200, if an employee is not paid beyond thirty days after the regular payday,
All employers are governed by federal and state minimum wage laws. Government agencies can also help to get the minimum wage, but they might not be able to secure unpaid overtime. According to wage and labor laws Ohio, the Ohio minimum wage is currently $7.25 per hour and every employer is required to pay that. In case of unpaid wages, employees are advised to filing a wage claim with the Ohio Department of Commerce, Division of Labor and Worker Safety.
Employees can also contact wage and hour lawyer to settle disputes over unpaid wages claim. Under federal law, the court may award employees the employment attorney fees and costs.
It is essential to check the time limits that apply to the claim and to estimate the number of hours that an employee has worked. It is also advisable to calculate the rate of pay and the rate of overtime if applicable. The calculation is different for reimbursements, deductions from pay, commissions, bonuses and certain other wage claims that are not directly related to the hours of work.
Once the unpaid wage amount has been determined, it is best to try and recover them without filing a claim against the employer. However in case that fails, a complaint should be made and legal action should be taken.
The complaint must be filed in the court for the location where the employee worked, where he attorney was hired on or the employer’s place of business. The employee will simply need to prove the amount the employer agreed to pay and the hours worked to win the case. The evidence for working hours could also be derived from the employee’s statement in court.
Employees can sue the employer for up to $3000.00 in Small Claims Court. If the Ohio minimum wage law has been violated, employees may recover the unpaid minimum wages, attorney fees, and costs.
After wage claim has been filed, the court would try to resolve the claim between the employee and the employer without a formal hearing. In many cases, the employer might simply pay up and bury the case.
Claims for unpaid wages are not difficult. It is up to the employee to stick with the program and demand what is owed.....