Can an Employer Retaliate Against Me for Filing a Wage and Hour Claim?
The Fair Labor Standards Act (FLSA) and state-specific laws like Ohio’s Minimum Fair Wage Standards Act govern how employers should compensate employees for their work. Under these laws, employees have the right to receive pay for all hours worked in a workweek and overtime wages for all hours worked in excess of forty hours in a workweek.. When an employer violates the law, an employee has the legal right to hold them accountable. They have the right to file a wage and hour claim and seek justice and compensation. They also have the right to request directly to their employer the right to be paid appropriately. However, workers may fear retaliation from their employers for filing a wage and hour claim or requesting appropriate pay. It is unlawful for an employer to terminate or otherwise retaliate against a worker for filing a wage and hour claim in Ohio. If an employer retaliates against you for filing a wage and hour claim, you have legal options.
Understanding Retaliation
Retaliation occurs when the employer takes adverse action against the employee for inquiring about their pay, hours or work, or other rights, filing a complaint alleging wage violations, or cooperating with a wage and hour investigation. Most of the time the adverse action is termination of the employee. Both federal and state laws give workers the right to engage in these and many other activities without the fear of retaliation.
If an employer fires you, demotes you, reduces your pay, or takes another adverse employment action against you after filing a wage and hour claim, you most likely have a retaliation case. If you believe an employer retaliated against you for filing a wage and hour claim, you can protect your rights by speaking to an attorney. An experienced attorney can help you determine if you have a valid retaliation claim. If you do, they can help you determine what to do next. You may have the option of reporting the retaliation to a government enforcement agency or filing a lawsuit against your employer.
When Can You File a Wage and Hour Claim?
It may be necessary to file a wage and hour claim if an employer engages in wage theft. Wage theft can take many forms, including failing to pay minimum wage, withholding overtime pay, illegally deducting paychecks, requiring workers to work off the clock, and misclassifying employees as independent contractors to avoid paying benefits. Whether an employer committed wage theft intentionally or unintentionally, you may need to file a wage and hour claim. If you successfully establish that a violation happened, you may be eligible to recover back pay, liquidated damages (these are equal to the amount of back pay) and attorney’s fees.
Contact Our Columbus Wage and Hour Lawyers
For help with your wage and hour claim, contact the skilled Columbus wage & hour attorneys at the law firm of Brian G. Miller CO., LLC.
Source:
codes.ohio.gov/ohio-revised-code/chapter-4111
