Ohio Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act
  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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FAQ

In general, if you have been overpaid, you should inform your employer and decide the best course of action for repayment. Overpayments may be offset by future wages or salaries owed to an employee by the employer. However, deductions must be agreed to by both parties.

Statute of Limitations For Unpaid Overtime Claims in Ohio Ohio law sets the statute of limitations at 2 years for unpaid wage claims. Employees have only these 2 years to file a claim or lawsuit in court to be able to receive compensation for unclaimed overtime hours.

How do I file a wage/hour or labor standards claim in Ohio? The Ohio Department of Commerce's Division of Labor and Worker Safety, Wage and Hour Bureau handles wage and hour complaints. There are separate forms for filing a minimum wage complaint and for filing a prevailing wages complaint.

If you are at the receiving end of payroll errors, you should inform your employer immediately. Let them know the exact problem you experienced. Provide your proof of payment (paystub) to show evidence of the error. Your HR team should rectify the problem immediately.

Ohio law allows deductions for similar reasons but requires the employee's written agreement for deductions made for the loss or damage of wares, tools or machinery caused by the employee.

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours ? seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

This occurs an employer accidentally pays you more than what you are owed. Under the FLSA, employers are able to deduct the full amount of any overpayments from their employees.

The general rule is that if an employer has overpaid an employee, the overpayment of wages should be repaid even if the mistake was the employer's. In other words, the employer is legally entitled to recover any salary overpayment from the employee.

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Ohio Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act