What is the Prevailing Wage in Ohio

When completing contracted work with the government, most workers, laborers, and skilled tradespeople are entitled to the prevailing wage.

Prevailing wages are established by governmental regulatory industries and are determined by the type of trade and occupation for the public works project. If you are working on a public construction project in the state, then you need to understand Ohio prevailing wage rights.

An Ohio prevailing wage attorney, like those at Barkan Meizlish LLP, can assist you in fully understanding the prevailing wage standards that are in place. If you are involved in a public works project in any capacity and have questions regarding the prevailing wage standards, do not hesitate to contact the prevailing wage attorneys at Barkan Meizlish DeRose Cox, LLP.

Prevailing Wage Basics

Chapter 4115 of the Ohio Revised Code defines the prevailing wage and when it should be applied.

If a state or local government agency hires private contractors to complete a construction project, they must pay the prevailing wage.

The prevailing wage must reflect the total hourly dollar value of:

• Pension
• Apprenticeship programs
• Other contractually obligated fringe benefits
• Hourly pay
• Vacation and paid holidays
• Health insurance
• Life insurance

Contractors can only claim an exemption from paying the prevailing wage if the project costs less than $250,000 to complete.

Complying with Ohio Prevailing Wage

Prevailing wages change every two years based on collective bargaining agreements between various unions and a governmental organization. As a result, the prevailing wage differs for each type of skilled trades person and in different localities. This means that a mason on a public works project in Summit County will receive a different prevailing wage than a mason in Franklin County. The two tradesmen can also have different wages if they are part of different unions.

Here are some of the unionized tradespeople covered under prevailing wage law:

• Boilermakers
• Bricklayers
• Cement Masons
• Drywall finishers
• Electricians
• Elevator installers and inspectors
• Glaziers
• Insulators
• Ironworkers
• Laborers
• Painters
• Plasterers
• Plumbers
• Roofers
• Sheet metal workers
• Sprinkler fitter

Overtime Pay under Prevailing Wage Legislation

All workers, even those not subject to prevailing wage legislation, are subject to overtime pay at a rate of 1.5 times their prevailing wage. This applies to all non-exempt employees who exceed 40 hours in a given work week. Though their base pay rate is typically higher than non-unionized employees, tradespeople covered by prevailing wage legislation are also entitled to overtime pay.

Contact Us

If you are part of a public works construction project in any facet, you should understand your rights under Ohio prevailing wage law. Our dedicated, professional legal staff can help answer any questions about prevailing wages or other labor-related matters. The Columbus prevailing wage attorneys with Barkan Meizlish DeRose Cox, LLP are skilled and experienced in helping clients navigate wage laws to build a case against an employer not paying them the lawful wage. Gathering documentation through paystubs, bank statements, and timecards can be a difficult task to complete alone, so don’t hesitate to contact our wage attorneys in Ohio to review your case and give you a free consultation.

Tags: Ohio Prevailing Wage Rights, Prevailing Wage Ohio 2018

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On Jan. 1. 2019, the minimum wage for most workers in Ohio rose to $8.55/hour, which totals $342 for 40 hours before taxes. Employees who do not receive at least that much have the legal right to sue their employer for violating a law called the Fair Labor Standards Act, or FLSA. This is true even for the majority of people who work on commission or who take temp positions that require reporting for work.

The FLSA does allow restaurants, bars, and similar businesses to pay tipped employees a lower minimum wage. At the time this posted, the minimum wage for tipped employees in Ohio was $4.30/hour.

Provisions of the FLSA and a similar Ohio state law do, however, require employers to make sure their tipped employees earn at least the standard minimum wage. Complying with those rules requires businesses to document that the hourly wage they pay plus the tips employees receive total at least $8.55/hour for each hour worked up to 40 hours.

Every business is required to inform employees of their right to receive the minimum wage and what that wage is. State regulators actually distribute wage posters that employers are encouraged to post in places where workers can easily see the information.

What Happens When Employers Do Not Pay the Minimum Wage in Ohio?

The five FLSA wage attorneys who work out of the Columbus, Ohio, offices of Barkan Meizlish DeRose Cox, LLP, often find themselves representing hourly and tipped employees whose employers engage in wage theft. This illegal pay practice can take many forms, with two of the most-common being denying overtime and miscalculating tip credits.

The FLSA requires employers to pay nearly every minimum-wage employee time-and-half for each hour worked in excess of 40 hours during a 7-day period. In Ohio during 2019, the minimum overtime rate is $12.83. Tipped employees who go into overtime must also earn that time-and-half rate when their tips are properly accounted.

Restaurants, bars, and the like play many games when it comes to tips. Some tell workers that they are only legally entitled to earn up to the standard minimum wage. Others require workers to pool all tips and to accept whatever their manager determine their share is. Still others simply take away tips without returning any of the money.

Workers who notice that they are being paid less than the minimum wage should raise the issue with their managers. Honest mistakes do get made, and good employers quickly correct errors to make workers whole. When illegal pay practices persist, notifying the state attorney general’s office and contacting an FLSA wage and overtime attorney makes sense.

We have offices in Columbus, Cleveland and Marietta to serve workers all across Ohio. We offer free consultations and work hard to put together class action and collective lawsuits to ensure that each employee who was denied the minimum wage or failed to receive earned overtime receives the money the law requires an employer to pay. To speak with an experienced employment law attorney, call (614) 221-4221 or connect with us online.

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Traumatic Brain Injuries (TBI) are some of the most catastrophic injuries that a person can suffer. This fact is only compounded if a TBI occurred as a result of another’s negligent or reckless behavior. Do not let your TBI go without receiving compensation from the responsible party. Contact the legal professionals at Barkan Meizlish DeRose Cox, LLP to help protect your interests and obtain the compensation you deserve. Our experienced legal team has the knowledge and expertise to achieve justice for your injury.

The Centers for Disease Control (CDC) estimates that more than 5.3 million people in the U.S. are suffering from lifelong disabilities caused by traumatic brain injury. In each of these cases, the person who is suffering from the injury will have a drastically altered life that is filled with frequent medical appointments, possible reduced mobility and quality of life. If you have been involved in an accident or medical incident that has led to a TBI, there are actions you can take to ensure that you are compensated for your injury.

Here are some common incidents in which TBIs typically occur:

• Car Accidents — A large percentage of traumatic brain injuries come as a result of car crashes. High-impact accidents can often result in internal collisions of the brain and the skull, which can cause traumatic brain injuries. If you were injured in car accident that was the fault of a negligent or reckless person, contact the traumatic brain injury attorneys at Barkan Meizlish DeRose Cox, LLP.
  

• Falls — An alarmingly large number of TBI cases are a direct result of falls. These incidents, too, can be caused by someone else’s negligent or reckless behavior. Businesses could not properly warn you of a wet floor or properly clear their walkways of snow and ice leading to a fall. If this applies to you, contact the traumatic brain injury attorneys at Barkan Meizlish DeRose Cox, LLP.

• Assaults — Personal violent attacks also account for a number of traumatic brain injuries. If you have been assaulted, you can hold your attacker liable for the injury you have suffered. Contact the traumatic brain injury attorneys at Barkan Meizlish DeRose Cox, LLP.

If you have suffered a traumatic brain injury as a result of another’s behavior, we can pursue litigation so that you can received compensation for the following:

• Medical Bills — The medical procedures that follow a severe injury are expensive. If you were injured as a result of another party’s negligence, you can receive compensation for your medical bills.
  

• Future Medical Care — With a substantial, severe injury like a TBI, your expenses likely will not end with initial treatment. You will often need further rehabilitation and medical care. You can receive compensation for the future expenses.

• Lost Wages and Earning Ability — After such a dramatic injury, your life likely will no longer be the same. This includes your ability to earn a living. We will seek compensation for current lost wages as well as your diminished ability to earn a living following the injury.

Contact Us

If you are injured as a result of another’s negligence, then you should understand your options for pursuing compensation. Our dedicated, professional legal staff can help answer any questions about TBIs or other personal injuries. The Columbus traumatic brain injury attorneys with Barkan Meizlish DeRose Cox, LLP are skilled and experienced in helping clients.

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Minimum wage is federally mandated financial figure that each worker throughout the country must be paid per hour. However, the federal government grants states’ the right to set a wage above the one set by the Department of Labor.

Under the Fair Labor Standards Act, the federal minimum wage due to all employees is $7.25 per hour. This rate has not changed since it was instituted in 2009. In Ohio, because of the state’s Minimum Fair Wage Standards law, the minimum wage is set at $8.55 per hour for non-tipped employees and $4.15 per hour for tipped employees.

If you have not been receiving at least $8.55 per hour as a non-tipped employee or $4.15 per hour as a tipped employee in Ohio, you need to contact a Columbus minimum wage attorney. Our Ohio minimum wage attorneys at Barkan Meizlish DeRose Cox, LLP have decades worth of experience in fighting unfair labor practices. The legal professionals at Barkan Meizlish DeRose Cox, LLP will pair you with one our practiced minimum wage lawyers in Columbus, Ohio. We will fight for your right to earn the state legislated minimum wage.

How a Columbus Minimum Wage Attorney Can Help

We have encountered many cases in which employers have unfairly paid employees below the minimum wage. Whether it be incorrectly categorizing an employee as tipped or simply refusing to pay the wage that is state mandated, some employers look to cheat the system. For an employer to pay their employees $4.15 an hour, the employees must make at least $30 per month in tips. It does not matter how many hours they worked that month. Employees must also make minimum wage with their base rate of pay and tips combined. If they do not make minimum wage between their base pay and received tips, then employers must compensate with minimum wage pay.

Our minimum wage attorneys can help you determine if you are eligible for tipped workers pay or if you should be receiving the minimum wage in compensation. We can comb through your pay stubs and claimed tips to see if your employer has been incorrectly paying you below minimum wage.

It up to the employer to keep proper records of employee information and rate of pay for at least three years. This information is subject to investigation by the state department. Employers must correctly record the rate of pay, hours worked, and amount earned each pay period of every employee on their payroll.

Contact Us

If you are being paid Ohio’s minimum wage, it is imperative to contact Barkan Meizlish DeRose Cox, LLP to speak with one of our experienced minimum wage attorneys. We can determine if you have a failure to pay minimum wage case against your employer. Employers may illegally deduct from your paycheck or hours without your knowledge, causing you to lose wages that you are entitled to.

Employees are frequently taken advantage of by their employers and lose out on earned wages. Different industries and jobs are subject to subtle nuances in Ohio’s minimum wage laws, so it’s crucial that you contact a lawyer if you believe that you are not being paid correctly under FLSA or Ohio’s Minimum Fair Wage Standards law.

The Columbus minimum wage attorneys with Barkan Meizlish DeRose Cox, LLP are skilled and experienced in helping clients navigate minimum wage laws and build a case to bring forward to an employer not paying them the lawful wage. Gathering documentation through paystubs, bank statements and timecards can be a difficult task to complete alone, so don’t hesitate to contact our wage attorneys in Columbus Ohio to review your case and give you a free consultation.

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(Columbus, Ohio, November 2018) Chris Peifer and Josh McInerney have recently been made named partners to Barkan Meizlish DeRose Wentz McInerney Peifer, LLP, thus changing the firm’s name.

Chris Peifer represents and advises labor organizations in a diverse number of industries that includes the private sector, airline industry, trucking industry and the warehouse industry, among others. He also represents labor organizations in the public sector, federal and municipal administrative employees, and firefighters. His work with labor organizations includes collective bargaining, arbitration, and litigation in both federal and state courts throughout the country, and with agencies that are charged with enforcing the nation’s labor laws.

Josh McInerney works as a Labor and Employment lawyer and has extensive experience representing both public and private sector labor organizations in federal district and appellate courts, and state courts throughout the country. He has represented labor organizations and their members in collective bargaining negotiations, arbitrations, and mediations, and before federal and state agencies, including the NLRB, NMB, NTSB, EEOC and various public employee relations boards. He also provides advice and guidance to clients on legal issues related to union organizing, the duty of fair representation, and regulatory compliance.

We at Barkan Meizlish DeRose Cox, LLP are excited to announce Mr. Peifer and Mr. McInerney as named partners and are confident they will bring valuable leadership to our firm. Welcome Chris and Josh!

For more information, call Barkan Meizlish DeRose Cox, LLP at (614) 221-4221, email info@barkanmeizlish.com, or visit our website at www.barkanmeizlish.com.

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Too often, employers take advantage of their employees, with the employer typically leveraging its superior knowledge of the law. Employees forced to resort to legal action against their employers often face powerful and sometimes obstructive employers, but also benefit by representation from fierce attorney advocates who have the employee’s best interests in mind. Unfortunately, a recently announced U.S. Department of Labor’s (“DOL”) program may end up hindering employees’ ability to have their day in court with the aid of their chosen advocate.

On March 6, 2018, the DOL’s Wage and Hour Division announced a six-month pilot initiative referred to as the Payroll Audit Independent Determination (“PAID”) program. The PAID program will allow an employer to conduct self-audits of their payroll practices and voluntarily report underpayments to the DOL which, in turn, will supervise the back wage payments. Yet to be tested, the new program is touted as a way for employees to receive the wages they are owed faster without having to wait for litigation and as a means of correcting an employer’s underpayment of wages to employees.

However, the PAID program potentially harms employees more than it will help them. The settlements that the DOL supervises do not mandate liquidated damages. Liquidated damages are an amount paid in addition to unpaid wages. The purpose of liquidated damages is to discourage employers from unlawfully withholding wages, only to pay them if they get caught; in which case the employer essentially enjoys a consequence-immune interest-free loan. Under the apparently employer-friendly PAID program, employers may be able to do a low cost review, and have the DOL approve repayment of back wages without further liability, and without the fierce legal advocate acting on behalf of the employee. Further, employees who submit to this route for reimbursement of their owed wages will give up their right to bring a lawsuit against their employer for the payment of unpaid minimum wages or unpaid overtime compensation.

The National Employment Law Project, a worker advocacy group, said it opposed the program. Judy Conti, a federal advocacy coordinator for the National Employment Law Project, said the PAID program is an effort to “stack the deck in favor of employers” and acts as a “get out of jail free card” for them.

Note that the program cannot be invoked when the violation is already at issue in litigation, in arbitration, or already under investigation by the DOL/WHD. Also, remember that wage and hour claims under the FLSA are typically subject to a two year statute of limitations, which can only be extended to three years under certain circumstances.

If you feel that you are not being properly paid wages you have earned, call Barkan Meizlish DeRose Cox, LLP for a free consultation at 800-274-5927. You may have a viable claim and we can help you determine the best course of action.
(Advertising Material: This Notice is for informational purposes and should not be construed as legal advice).

Tags: DOL, Employee, Wage & Hour
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On January 31, 2018, the law firms of Barkan Meizlish DeRose Cox, LLP and Anderson2X, PLLC filed a nationwide class and collective action lawsuit against Menard, Inc., the Wisconsin-based operator of the roughly 300 Menards retail stores across 14 Midwestern states.

The Allegations

The lawsuit contends that Menards maintained several unlawful company-wide policies in violation of the federal Fair Labor Standards Act (FLSA) and numerous state wage laws. Specifically, the lawsuit alleges that Menards maintained a company-wide policy of requiring employees to clock out for restroom breaks and certain store meetings during their shifts. It also alleges that Menards required employees to complete job-related training exercises at home, but failed to compensate them for performing the work.

The Case

Unpaid work hours and unpaid overtime compensation resulted from these alleged violations. The Named Plaintiffs in this lawsuit are 160 current and former hourly Menards employees from 13 different states. The Named Plaintiffs seek to recover all unpaid compensation, overtime, and other damages owed to them under the FLSA and respective state wage laws. They also seek the Court’s permission to send notice of the nationwide collective action lawsuit to all similarly situated individuals to apprise them of their rights and provide them an opportunity to opt-in to the lawsuit.

To inquire further about this case, please call (614) 221-4221 ext. 1129 or email info@barkanmeizlish.com. To read the Complaint, please click the link below.

Media Links

Ohio Attorneys File Class Action Suit Against Menards

Updates as of 2/5/2020:

There are currently multiple cases against Menards, including various wage and hour violations. The one Barkan Meizlish DeRose Cox, LLP and our co-counsel Anderson Alexander are involved in is a case for those individuals who participated in In Home Training (IHT) beginning on January 31, 2015. If you believe you are eligible and want to confirm that you are opted in to this case, please call (877) 788-4959 to make sure they have your updated contact information.

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On April 13, 2016, we filed a Complaint on behalf of a former delivery driver against U.S. Cargo and Courier Service. U.S. Cargo is a company that provides regional courier and small package delivery services to businesses and financial institutions throughout Ohio, Pennsylvania, and West Virginia.

The Complaint alleges that U.S. Cargo improperly misclassified many of its delivery drivers as “independent contractors,” rather than employees. Because of the alleged misclassification, the former driver claims that U.S. Cargo wrongfully deprived him of rights and protections guaranteed to employees under Ohio and federal law, including overtime, unemployment insurance benefits, and workers’ compensation coverage.

On November 1, 2017, we filed an Amended Complaint adding two additional former delivery drivers as plaintiffs to the lawsuit. In light of evidence that roughly 50 former drivers may have similar claims against U.S. Cargo, we filed a Motion for Conditional Certification requesting permission from the Court to notify other misclassified delivery drivers of their right to join this lawsuit.

On March 9, 2018, the Court granted Plaintiffs’ Motion for Conditional Certification. The Order will allow similarly situated independent contractor delivery drivers who worked for U.S. Cargo throughout Ohio to be notified of the opportunity to join the lawsuit and pursue their duly owed pay.

To inquire further about this case, please call 614-221-4221 ext. 1129 or email srasoletti@barkanmeizlish.com.

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A pizza restaurant chain in Manchester, Connecticut was held liable for violating the Fair Labor Standards Act (FLSA). An investigation conducted by the U.S. Department of Labor’s Wage and Hour Division found that the pizza restaurant chain had violated the FLSA’s minimum wage, overtime, and record-keeping requirements between February 2013 and November 2015. The restaurant did not pay one-and-one-half their regular rates of pay to three employees who worked overtime hours up to seventy-five hours per week. Additionally, the restaurant took payroll deductions for cash register shortages that resulted in one employee receiving less than minimum wage. The investigation also found that the restaurant maintained and supplied false time and payroll records and statements to investigators during the current investigation and a prior investigation in 2015.

Additionally, the investigation found that between December 2015 and April 2016, the owner of the restaurant continually pressured one employee to make false statements to investigators, leading the employee to believe he had no choice but to resign. The Department of Labor charged that the owner’s behavior resulted in the worker’s constructive discharge, in violation of the FLSA’s anti-retaliation provisions.

Therefore, on November 16, 2017, a United States District Court in Connecticut issued a judgment against Chemro LLC d/b/a People’s Choice, and Defendant Robert Y. Mercier II for back pay in the amount of $67,151.14, which includes minimum wage and overtime payments due, as well as liquidated damages, compensatory damages, punitive damages, civil money penalties, and interest. The Court also ordered that the company and its owner comply with the FLSA and “refrain from discharging or discriminating against employees who initiate or cooperate with an FLSA investigation.”

The FLSA requires that most employees receive one-and-one-half times their regular rate of pay when they work more than 40 hours in a work week and that employers maintain adequate and accurate records of employees’ wages and work hours. If you feel that you are not being properly paid wages you have earned, you should call our unpaid wages lawyer for a free consultation. You may have a viable claim and we can help you determine the best course of action after thorough consideration of your situation. We can be reached at 800-274-5927.

(Advertising Material: This Notice is for informational purposes and should not be construed as legal advice).

Tags: DOL, Employee, FLSA, Investigation, Overtime Violations, Wage & Hour
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A Brooklyn federal judge has ruled that baklava chefs’ jobs were not “creative” to meet the Fair Labor Standards Act’s creative professional exemption from overtime pay. The judge held that this exemption requires “innovation and imagination,” not the “consistency and precision” displayed by the Turkish baklava and baked goods chefs when making their tasty treats.

In a decision denying summary judgment to the defendants, the court held that the exemption defense failed because “although defendants adequately demonstrate that plaintiffs were experienced and talented [chefs], defendants [did] not demonstrate how plaintiffs’ experience and talent were applied to an innovative and imaginative task.”
The defendants, Gulluoglu, an entity that sells Turkish food at multiple locations, and its manager, failed to shoulder their burden of proving that its employees fell within the exemption. According to the court, “[d]efendants did not sell their baklava and other baked goods in five-star or gourmet establishments, and plaintiffs, tasked with preparing baklava and other enumerated Turkish baked goods to be sold by third parties, did not have the autonomy to design unique dishes and menu items.”

The plaintiffs, both former baked goods chefs for Gulluoglu, frequently worked 60 hour weeks, but were only paid a fixed weekly salary of $700. Although the plaintiffs’ skills and training were brought up in court, such as a plaintiff serving as an apprentice to a baklava maker in Turkey for seven years, deposition testimony showed that the baklava chef never prepared baklava from scratch. Rather, plaintiff would heat and apply a “sweet syrup” to frozen baklava imported from Turkey. Starting in 2010, however, the baklava was imported pre-cooked, with the syrup glaze already applied. Additionally, the pastry chef’s cakes were not made from scratch, but imported and defrosted.

Defendants argued that “plaintiffs’ talent alone should trigger the exemption.” Yet, the court held that “[t]he regulatory language makes clear that an employee talented at an unimaginative and unoriginal task does not fall within the exemption.”

If you feel that you are not being properly paid wages, you should call our unpaid wages lawyer for a free consultation.

The lawsuit was filed in the U.S. District Court for the Eastern District of New York, and is titled Eren v. Gulluoglu LLC, Case No. 15-CV-4083.

Tags: Employee, FLSA, Overtime Exemptions, Overtime Violations, Wage & Hour
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