How to Prove a Wage and Hour Violation in Ohio

Despite the existence of state and federal laws meant to ensure the fair treatment and compensation of workers in Ohio, wage and hour violations are common. If you are a victim of any type of wage and hour violation, you have the power to hold your employer accountable by seeking justice and financial compensation. An experienced Cleveland wage and hour attorney can help you prove your case.

What Is a Wage and Hour Violation?

Several laws are in place regarding fair pay and working conditions, including the federal Fair Labor Standards Act (FLSA), which establishes federal minimum wage laws, overtime pay laws, child labor laws and recordkeeping requirements. Other laws that protect workers from wage and hour violations include the Family and Medical Leave Act (FMLA), the Equal Pay Act, and the Ohio Minimum Fair Wage Standards Act.

A wage and hour violation can refer to any employment action that breaks a state or federal employment law. Common examples include failure to pay minimum wage, unpaid overtime, employee misclassification, illegal paycheck deductions, tipping violations, denial of meal or rest breaks, unpaid travel time, and retaliation for employee complaints.

What Are Your Rights as a Victim of a Wage and Hour Violation in Ohio?

Suppose you believe your employer in Ohio has violated a wage or hour law. In that case, you have the right to pursue justice for the adverse employment actions or wage losses you have suffered because of the violation. If you are a victim of wage theft, for example, you can file a claim or lawsuit against your employer to seek financial compensation for unpaid or stolen wages, plus interest accrued and potential civil penalties. As the filing party, you bear the burden of proof – meaning the responsibility to establish the truth of your claim. 

What Evidence Should You Gather for a Wage and Hour Claim? 

Proving a wage and hour violation case in Ohio requires clear and convincing evidence against the employer. As a wronged employee, you can take the following steps to build the strongest case possible:

• Document everything. Gather together all documents and records that are relevant to your case. This may include paystubs, receipts, invoices, work schedules, emails, correspondence with your employer, employment contracts, and company policies.
• Talk to witnesses. Speak to your coworkers, any Human Resources representatives you’ve talked to about the issue, supervisors, managers, and anyone else who is willing to provide testimony about the wage and hour violation.
• Contact an attorney. Reach out to a Cleveland unpaid overtime attorney for advice and assistance. Your employer may have vast legal resources to defend against a wage claim. Seeking representation from an employment attorney can help you build a compelling case.

A wage theft lawyer in Cleveland can conduct a comprehensive investigation of your situation to search for signs and evidence of a wage and hour violation. Then, your lawyer can use his or her legal expertise to build your case, negotiate a settlement with your employer or represent you in court, if necessary.

How an Ohio Wage and Hour Attorney Can Help You Prove a Case 

Proving that you are a victim of a wage and hour violation in Ohio takes an understanding of state and federal labor laws, as well as detailed documentation of your situation. At Scott & Winters Law Firm, LLC, we provide exceptional advocacy for workers’ rights. 

Our lawyers will take proactive steps to seek the financial compensation that you deserve for a wage and hour violation, including collecting key evidence and hiring highly qualified experts as needed. Explore your rights in more detail during a free initial consultation with our attorneys.