Labor Laws Governing Ohio

August 23rd, 2006 Posted by Sarah

Recently, I’ve been researching the labor laws of various states. I’ve found that the Ohio labor laws cover quite a variety of topics including child labor regulations, wage and hour laws, anti-discrimination provisions, prevailing wages for public works project employees, safety regulations, unemployment compensation, and workers’ compensation.

Child labor laws are one important part of the Ohio labor laws. In the state of Ohio, a work permit must be issued to any minor under 18 before they may work at a job. This requirement is waived during the summer months for 16 and 17 year olds, but proof of age and a signed “permission to work” statement from the minor’s parents must still be on file. All minors must be given a break of 30 minutes when they have worked five hours or more consecutively. The Ohio Labor Law also regulates the work hours and permitted occupations for minors of various ages,

Like many states, Ohio’s labor laws provide for workers’ compensation and unemployment compensation programs. Workers’ compensation is designed to help pay the medical bills as well as some lost wages for workers who are injured on the job. Unemployment compensation is designed to give financial assistance to workers who involuntarily lose their jobs.

Another interesting labor law in Ohio is the Prevailing Wage law. This law mandates that employees on public works construction projects be paid a minimum hourly rate set by the state government. This helps ensure greater fairness in the process of various contractors bidding on state projects.

Finally, the subject of wage payment is a topic of interest to many people. Ohio has a state minimum wage equal to that of the federal minimum wage, which is currently $5.15 per hour. Employees who receive gratuities may be paid as little as $2.13 per hour, but their total hourly wages combined with tips must still be equal to or greater than the minimum wage. Under Ohio labor law, wages in the state must generally be paid at least twice per month. However, if a written agreement to do otherwise exists between an employer and employees, this provision may be waived.

The Ohio Complete Labor Law Poster contains a helpful listing of all the applicable federal and state laws on this topic.

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85 Comments >> Posted in Compliance Issues,Employer Requirements,Labor Law Regulations,Ohio

  1. Posted by: Rachel

    I’m 14 and I’m looking for a job so I can pay for things. I was wondering if I could get a job at like a fast food resturant or resturant of some sort. I’d also like to work in an Animal Hospital. Can you tell me if I can even work at these jobs yet?

  2. Posted by: Amelia

    Hi Rachel!
    For complete answers to all your HR questions, please post them on our sister site at http://www.laborlawtalk.com. Thanks for reading, and best of luck with the job search! Amelia

  3. Posted by: Chasity

    My 17 year old daughter has been working for McDonalds for a year. Her Managers are very rude to the teenagers. She worked one day last week for 7 hours and NEVER a break. When my daughter ask for a rest room break the manager said, “Am I suppose to stop serving customers because you have to pee”. I called Corporate and no response. What do I do?

  4. Posted by: Amelia

    Hi Chasity! For complete answers to all your HR questions, please post them on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blog! Amelia

  5. Posted by: Dave

    First, I have tried Laborlawtalk.com, I registered yestterday. For some reason I am not able to post to the board it keeps saying that I have not been given permission .

    I work construction in Ohio. I am an HVAC insulator. My question pertains to the delivering of Material or supplies to the job site. On Many occasions my Boss will bring material to my house for me to bring to the job site. Sometimes it is not a big deal, but sometimes he brings so much insulation that my whole car is full. The trunk, back seat, and front seat. My question is. Does he need to compensate me for driving the material to the Job Site? I am non-Exempt and non-union. This is my personal vehicle.

    Also have another question very similar. Sometimes on my way home from work he tells me to meet him off the highway to give me material to deliver to the job site the next day. Does he need to pay me for this?

    Also if you know where I can find the documentation to support this would you please let me know.

    Any help would be greatly appreciated

  6. Posted by: Amelia

    Hi Dave! Sorry to hear you are having a problem with http://www.laborlawtalk.com. Try it again tomorrow — I do know the site has been very busy lately.

    But, I’ll try to address your concerns here. The second question is actually easier. Under the federal FLSA or Fair Labor Standards Act, when an employee must travel from the jobsite to another location to pick up or drop off materials, that trip is considered work time. So if you transport materials from the job site to location A, your boss must pay you for that drive. He is not obligated to pay you for driving from location A to your home, afterwards. The same is true if you are picking up materials in the morning.

    The first question is more problematic. As you know, if you were driving to an office to pick up the materials, you would be entitled to payment once you reached the office. Since the materials are being dropped off at your home, that’s harder to determine. In some cases, an employee who is transporting materials, supplies, equipment or other workers is entitled to payment. The only way to know for sure, is to consult the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov. They are the federal agency that enforces this law.

    HTH, and thanks for reading the blogs!~Amelia

  7. Posted by: Marie

    At my place of employment (a non-union business employing around 250 people in Lorain County, Ohio) management keeps telling us that we are required by law to take a lunch break. THis is very inconvenient for some of us and damaging to our productivity…is it REALLY the law?

  8. Posted by: Amelia

    Um, no. Neither federal not Ohio law requires meal breaks for employees in general industry. (OSHA does require breaks for workers in certain occupations, such as airline pilots.)

    Nineteen U.S. states have laws requiring meal breaks, but Ohio is not one of them.

    However, an Ohio employer can make a meal break mandatory, and fire any employee who does not take one. Many employers correctly figure that employees are eating snacks and wasting a half-hour daily, anyway. So they resent paying for that time.

    Many large employers require workers to take breaks because it significantly reduces payroll. For 250 employees, a half-hour break per day saves 125 payroll hours per work day, or 625 hours in a 5-day week. That’s more than 32,500 payroll hours per year. Even at the minimum wage, that’s $212,875 per year,

    Here’s another way to look at it: suppose the employer permitted everyone to work through their meal breaks. They would have to lay off 15 or 16 employees, to stay within their payroll budget for the year.

    In our mailbag, for every question like yours, we receive two or three from employees who are required to work 8, 10 or 12 hours (or even more) every day without a break of any kind. So we would say, “count your blessings.” If you post your question on our sister site at http://www.laborlawtalk.com, you may find more sympathy over there. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Melissa

    I have a question about being on-call. I work for a nursing home and share an on-call rotation with 4 other nurses. We are required to be on-call for an entire weekend, after working our 40 hours. We use our personal phones as the contact numbers, using cell minutes if needed. We must stay sober, rested and ready to go to work at any time that a nurse either calls in for a shift or has to leave the facility for an emergency. We are also responsible to replace nursing assistants or nurses, if able, for open shifts during our “on-call” time, if needed. Needless to say, we must stay in town. We are not reimbursed for anything at this time, other than the time we actually work; meaning, the time we punch the timeclock, in and out. It seems as though we should receive some other compensation. Please advise!

  10. Posted by: Amelia

    Hi Melissa! This is a complex question. The short answer is, as long as you are free to be off the property and engaged in your own pursuits, you probably need not be paid for on-call time. Drinking and going out of town do not have to be two of the pursuits available, for this to apply. For a complete answer, post it on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Melissa

    My 17 yr old was working for Aryb’s and was treated very badly by a shift leader so she walked out and quit. When she went to get her last paycheck they would not give it to her, said she would have to sign a paper saying she was terminated and wouuld never apply at Arby’s again. Can they legally do this?
    Also they had her and other underage school kids working there without work permits. Is this also legal?

  12. Posted by: Amelia

    Hi Melissa! Every employer in Ohio must have a work permit on file for each employee 14 through 17 years of age. So, yes, the employer was breaking the law, and apparently still is.

    The employer can ask your daughter to sign a disciplinary notice that says she was terminated. (It is not clear why they would want to do so, since they might end up paying unemployment.) It is fairly routine for an employer to terminate (fire) anyone who walks off the job. With or without her signature, they can make her non-rehirable, meaning that franchise or ownership company will not hire her again. They cannot speak for all Arby’s everywhere, and even if she agreed to never be employed at one, they cannot enforce it.

    The employer cannot withhold the employee’s final paycheck. Your daughter should contact the Ohio Department of Commerce regarding her final paycheck and the work permit violations. She can also contact the U.S. Department of Labor, Wage and Hour Division, regarding her final paycheck. For more info, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Aaron

    I am a firefighter working for a part time department. We work 12 hour shifts and were told the other day by our trustees that we are not to leave to get our lunch any more. My question is, can they do this. they stated that we can bring our own food in a cook it here. I just needed to know if the law is diffrent for public employees. Thank you in advance for your help!

  14. Posted by: Amelia

    Hi Aaron! Both public and private employers can require that employees remain on the premises during breaks, even an unpaid lunch break. I will add that 99% of fire departments require that employees eat on the premises. (There is an exception to this law in California, but it looks like you are in Ohio, so that exception does not apply to you.) HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: bob

    can i work at a fast food restaurent if i am 14 years old

  16. Posted by: Amelia

    Hi bob! That depends upon your duties. You would be able to clean tables, take orders and make change in a fast food restaurant, but not operate kitchen equipment. Many fast food chains will not hire an employee so young, because their insurance policies prevent it. You are more likely to be hired if in a grocery story bagging groceries, or for simple office work like filing. And, there are always the standbys for young people: babysitting, walking dogs, pet care, errands, lawn work, assisting older people with chores, delivering papers, tutoring other students, and helping grownups with computers or social networking sites like Facebook and Twitter. Our suggestion is that you print up some flyers listing the service you are offering, and post them in a pet store, library or grocery store. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: greg

    Can a company schedule you to work an 12 hour shift, and then make you report back to work in 4 hours? Question how many hours between an 8 or 12 hour shift, must be allowed for the employee to sleep.

  18. Posted by: Amelia

    Hi greg! Sorry, but for employees in general industry, there is no law that requires the employee be permitted enough time to sleep between shifts. A few states have such a law — Ohio does not. In a few industries, various federal agencies regulate this. For example, truck drivers or airline pilots must be permitted a set number of hours between shifts to sleep, because public safety depends upon it. But there is no such regulation for most businesses. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Sarah

    I know that Ohio does not have a law requiring breaks and it is up to the indivdual employer. I work a job where many shifts are unsupervised and we are not allowed to leave the building. Can they force us to remain on the property during an unpaid break?

  20. Posted by: Amelia

    Hi Sarah! Yes, the Ohio employer can require that employees remain on the premises on an unpaid break. Any employee who does not can be disciplined or terminated. In every state except California, an employer can require that an employee remain on the premises during an unpaid meal break. As long as the employee is relieved of duties, they need not be paid for this break. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: Cara

    If you work for a company that requires you to wear a uniform shirt, are they required to pay for that or is the employee?

  22. Posted by: Amelia

    Hi Cara! In Ohio, the employer can make a deduction from wages for a uniform. Under federal law, however, that deduction cannot result in the employee earning less than the minimum wage, or less than the federal minimum wage x 1.5 for overtime. Suppose Ted makes $7.25 per hour, while Sarah makes $10 per hour. Sarah’s employer can make a deduction to her wages for a uniform, while Ted’s cannot. (Assuming that the employer does at least $500,000 in annual sales, to be covered by the federal FLSA.) HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Mike

    My son, 17, works at a restaurant and was left there by himself to cleanup after hours from 11pm – midnight. On another occasion he was locked out and left in the parking lot waiting for his ride. Our there laws that cover these situations?

  24. Posted by: Amelia

    Hi Mike! Under Ohio law, a 17-year-old may not work after 11 pm on a school night. However, there is nothing in the law that would prohibit him from working alone cleaning a restaurant after 11 pm on a non-school night. A few states have laws that minors cannot work unsupervised; Ohio does not. As long as your son is not engaged in activities that the federal or state government have ruled too dangerous for minors (like operating a deep-fat fryer or a meat slicer) this is lawful.

    Nor is there any law that the employer must wait for your son’s ride. It would not be reasonable to expect the employer to pay a manager to babysit your son until his ride arrives.

    We will say that unless this employment takes place during summer vacation, a 17-year-old requires parental permission to work in Ohio. If you believe these working conditions are not safe, or you don’t approve, then you should withdraw your permission. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: Faye

    My employer said he needed to cut cost so he cut our hrs down to 1 day a wk. then he hired a new person and gave them 4 and 5 days a wk, is this legal? The last month he hasn’t made a schedule, he has the manager call us in on the day he wants us to be there….but he hasn’t called any of us in for 1 1/2 to 2 weeks, could I file unemployment?

  26. Posted by: Amelia

    Hi Faye! Yes, it is legal for the employer to cut your hours and hire someone new to work. Yes, you can and should file for unemployment, since your hours have been so drastically reduced. Even if you were working a day or two per week, you would qualify for prorated benefits. HTH, and thanks for reading the blogs!~ Amelia

  27. Posted by: jim

    i work for a union shop by law are we require to have a lunch break?

  28. Posted by: Amelia

    Hi jim! This is a matter of company policy and union contract in Ohio. There is no federal or Ohio law that requires an employer to give meal breaks to workers. If your union contract includes an agreement about meal breaks, then you are entitled to one. However, if it is not mentioned in the union contract, it is not required by law.

    However, the law is the minimum standard that the employer must follow, not the maximum standard that the employer can impose. So an Ohio employer can require that employees take a meal break, and discipline or terminate any employee who does not. HTH, and thanks for reading the blogs!~ Amelia

  29. Posted by: Bethany

    Hi, My husband was recently terminated from his salaried position. At the termination they stated they would not prorate his check (i.e he would be paid in full for a 40 hr week). His final check was indeed prorated deducting $700.00. Do we have any recourse?
    Thank you.

  30. Posted by: Amelia

    Hi Bethany! You probably do not have any recourse here. Under federal and Ohio law, an employer can prorate the exempt employees first and last week’s salary. It is very, very unusual for an employer not to do so.

    In this case, apparently your husband’s supervisor or HR promised him something different. He could certainly contact that person and tactfully ask for the payment they promised. (It is possible that this was a miscommunication. For example, maybe the supervisor or HR person meant that your husband would be paid for the full day, not the full week. Or, it is possible that the supervisor was mistaken and offered something the employer would never agree to.)

    If the supervisor or HR person refuses to pay your husband for the entire week, he could go to small claims court and try to collect. No attorney is required to file a suit in small claims court — it’s a little like the Judge Judy show, only dignified and legal. If the supervisor admits your husband was promised a full week’s salary, (or if your husband has witnesses) then the judge might award the extra $700 to him. HTH, and thanks for reading the blogs!~ Amelia

  31. Posted by: Kirsten

    Hi, I am 13 and I am wandering if I can get a job. I live in Ohio and I am in middle school. Also if I can work at like a restraunt or something can I be turned down for my age. Please reply ASAP. Thanx.

  32. Posted by: Amelia

    Hi Kristen! Unfortunately, under federal law people under the age of 14 are prevented from holding almost any job. If a restaurant manager hired you, he or she would be breaking the law.

    The best ways for someone under 14 to make money are babysitting, doing errands, raking leaves, helping with gardens, doing odd jobs around the house, walking dogs, tutoring younger kids or maybe tutoring seniors on computers. Before you work for anyone, make sure your parents know them and that both you and your parents feel comfortable with the situation. HTH, and thanks for reading the blogs!~ Amelia

  33. Posted by: Curt

    I work for a large company in Ohio and drive a company vehicle to and from work. We do not get paid for travel to the job unless it is more than 30 miles from the office, at that point we get paid but must deduct 30 minutes from the time. Prior to arriving at the job we are expected to answer a cell phone and call the customer while enroute. We are also expected to log in our enroute time on a mobile device, look up our jobs, and possible communicate with the office all unpaid. Is this legal?
    Today our employer said that we must be onsite by 8:00 AM though travel time may be one two two hours away. Is this legal?

  34. Posted by: Amelia

    Hi Curt! No, generally speaking when the employer requires you to accept a cell phone call, make cell phone calls, log your departure and arrival time, look up jobs or communicate with the office, that is paid work time under both federal and Ohio minimum wage laws.

    If you were driving in a company truck directly from your home to the first work site of the day, less than 30 miles, and not making any stops, not transporting passengers and not performing any other duties, that could be considered your usual commute. The employer is not required to pay you for your usual commute. However, when they start adding duties that you must perform enroute, that becomes paid work time. File a wage complaint with the Ohio Bureau of Labor & Worker Safety at http://www.com.ohio.gov/laws/. If they are not able to help you, file a wage complaint with the U.S. Department of Labor at http://www.dol.gov.

    It is entirely legal for the employer to require that you be onsite by 8 am even if travel time is 2 hours. In fact, the employer could require that you be onsite at 4 am even if travel time was 4 hours or 8 hours. The employer can set any work hours they like, but must pay you for work, for travel time beyond the normal commute and for work performed enroute. HTH, and thanks for reading the blogs!~ Amelia

  35. Posted by: Carrie

    Message I work for a county employer in the transportation dept. Is there a minimum number of hours a week that a part-time employee can work before the employer has to offer health ins.

  36. Posted by: Amelia

    Hi Carrie! Currently, no, there is not. Under the recently passed Health Care Reform Act, this will change for private employers beginning in January 2011, although it may not change if you work for a local government. At that time, an employee who works 30 or more hours per week must be covered by health insurance.

    However, until that statute takes effect, there is no law that requires any employer to offer group health insurance to any employee. If the employer offers health insurance, the employer determines the policies surrounding it. We will say that if other employees are working the same number of hours that you are, and are receiving health insurance, then this may be illegal discrimination. HTH, and thanks for reading the blogs!~ Amelia

  37. Posted by: nate

    i was fired for working on my breaks…but only did it when asked and sometimes we were so busy i didnt take one an my employer would clock me out for that half hour anyway, what can the ohio department of commerce labor and worker safety do to help

  38. Posted by: Amelia

    Hi nate! There may not be a lot that you can do. If you were asked by a supervisor to work during your breaks, you can contact the HR department or corporate office and tactfully share your side of the story. (If you were asked by a coworker or non-management person to work during your breaks, you are probably out of luck.) You should file for unemployment, and mention that you were fired for doing what your boss asked you to. At the very least, you should qualify for unemployment benefits (assuming that you worked enough in the last 15 -18 months to qualify.) It would be helpful if you could identify coworkers or other witnesses who heard the manager ask you to work during your break, or saw him clock you out while you were still working.
    You can file a wage claim with the Ohio Department of Commerce for the unpaid wages, if you were not paid for the breaks. If you believe this action was taken as retaliation due to a wage complaint or other complaint of illegal activity by the employer, you should also report that to the Ohio DoC and the EEOC at http://www.eeoc.gov.
    You could consult an attorney about filing a wrongful termination suit. HTH, and thanks for reading the blogs!~ Amelia

  39. Posted by: nate

    thank you very much i really enjoyed this blog…yes it was my supervisor who asked me to help but it was usually just us 2 thats y i helped out or sometimes didnt take a break,i filed unemployment and after 3 weeks i was denied for violation of company policy so i appealed we’ll see what happens…i also filed a minor labor complaint or something like that with ohio depatment of commerce department of industrial compliance bureau of labor and worker safety.the week b4 i got fired i wrote a note and put it into a comment box which i thought was there to express how i felt it,i wrote bcuz the week b4 i was fired i was working 6-1am and from 6-10am i was a baker and after 10 i got to be a cashier and at 10:45 our truck order came that i had to put away(which minors cant do right?)by myself and around 11:30 our district manager came in and helped me move some machines around,except one big one they had a supervisor from our other store come help me move one machine and they gave him cash out of the drawer,And i was really upset so i said something about it in my note and how i feel i dont get paid enough for how hard i work and everything i do i only made 7.65 and worked 1st 2nd and 3rd shift a week that supervisor who helped me is one of my boss’s family member and they already make like $3 more than me but never did nowhere near as much as me…I also stated in it about how i was working on my breaks or couldn’t even take one because she schedules 2 people for 8 hrs on 2nd shift,and how i have worked longer hour than what is legal or when i worked 3rd shift for three months straight and used machines minors are not supposed to use alot of stuff…i didnt work the rest of the week after my note and when i came in monday morning i was terminated…she says she is firing me becuz she didnt kno i wasnt taking breaks but when i didnt take them she clocked me out for them exactly 30 min now i am not that perfect to clock out for exactly 30 min lol…im sorry to bother u with all this im just still confused.and should i still contact the ohio DoC and the eeoc…thank you

  40. Posted by: Amelia

    Hi nate! Here’s the big picture: You are probably better off chalking this experience up under the category of “live and learn” rather than continuing to fight it. Focus your efforts on finding a new job. Don’t badmouth your previous employer in interviews, just say “I worked through my breaks because my supervisor asked me to, but when upper management found out, I was fired for it.”

    Just so you’ll know how the workplace operates, and for any other young people who might be reading this:

    1) The comments or suggestions box is not the place for you to gripe about your job. Nobody in the workplace really cares about how you feel — they care about how you do your job.

    2) Yes, employers do note who made negative comments and take action against them. When you complain that you are working too hard for too little money, most employers are going to get rid of you and find someone who does want to work hard for that wage.

    It is a sad fact of life that people who earn the least often work the hardest. One solution is to be an exceptionally hard worker, so you can get a promotion and not have to work so hard. Another is to go to college or community college, so you can develop some skills that will allow you to earn more while not working so hard.

    Family members are often paid more than other employees for the same job. This is entirely legal and very common. If you had a business, you would probably pay your family members more than other people, too.

    3) Comments or suggestions are usually read by upper management or the corporate office. They are not the ideal place for you to air problems. An appropriate suggestion would be, “Let’s have a company picnic!” or “Let’s have casual Fridays!” not “My boss is breaking the law.” If you have a significant HR issue (like being required to work through your breaks) you need to tactfully discuss it with your supervisor. If that doesn’t help, you need to tactfully discuss it with the HR department, if there is one. If not, discuss it with the supervisor of your boss, or with the corporate office. If that still does not work, and it is a matter of employment law, report it to the appropriate agency.

    4) It sounds like you are an employee under 18, which the supervisor might have forgotten. If you were working longer hours than the law allows, or using machinery that is prohibited for minors, then that is a violation of the law. If you discussed it tactfully with your supervisor and HR without results, you could have reported it to the Ohio Department of Labor. They would investigate. If they found out the employer was violating the state child labor laws, they would tell the employer to stop. In some cases, the employer would have to pay a fine. The only benefit you would receive is that your employer would stop breaking the law.

    5) If you were clocked out by the employer for meal breaks that you never took, you have not been paid for all the hours you worked. You can and should file a wage complaint with the Ohio Division of Industrial Compliance and Labor regarding unpaid wages. It sounds like you are owed 30 minutes for each shift you worked. The ODIC will investigate your complaint. If they find evidence that you were working during your breaks, then the will force the employer to pay you back wages for the time worked. Nothing is certain, but the fact that the employer has terminated you for working during your breaks would be evidence.

    6) Theoretically an employer cannot retaliate against you or fire you because you made a complaint of illegal behavior, either to the employer or to a state agency. You can certainly file a complaint about retaliation with the ODIC. It may not be successful — many employers would fire an employee who griped about working too hard for too little money.

    7) At your unemployment appeal, you should tell them that since your supervisor asked you to work through your breaks, or knew you were working through your breaks, you assumed it was accepted company practice. Mention that your supervisor also clocked you out for breaks you never took. You didn’t know that you were not supposed to work through your breaks. When you complained about not being given breaks, you were fired.

    Normally to deny you unemployment, the employer will have to show that you signed several written warnings about not working through breaks before being terminated. Since the employer does not have that paperwork, there is about a 65% chance you will be awarded unemployment. Use the time to look for a better job or figure out how to go to school.
    HTH, and thanks for reading the blogs!~ Amelia

  41. Posted by: nate

    i worked there for a year and a half and worked during my breaks all the time or couldn’t take one and still got clocked out…but after that note i got fired…??doesn’t that seem fishy??

  42. Posted by: Amelia

    Hi again nate! This isn’t fishy, it’s illegal and unethical.

    Here’s what really happened: Upper management or the corporate office read your comments, and decided you are a malcontent. However, they noted that you were working through your breaks, which is illegal. They questioned the supervisor about it. The only way that she could save her job was by lying, so she told them that it was your idea to work through breaks. She probably told them that no matter how many times she warned you about it, you still insisted on working through your breaks. They told her to fire you for refusing to take your breaks, and she did.

    In a well-managed company, upper managment would have listened to your side of the story before making a decision. There are a lot of good employers out there, but there are also quite a few bad ones. HTH, and thanks for reading the blogs!~ Amelia

  43. Posted by: nate

    and even though i should still get my unpaid breaks paid back can i still sue for wrongful termination…and if i did contact the eeoc or ohio doc what would they do to help me or ?

  44. Posted by: Amelia

    Hi nate! We would not suggest that you sue for wrongful termination. The employer had plenty of other reasons to fire you, including the fact that you griped about doing too much work for too little money. It is unlikely that you would win such a case, and if you did, you would get your job back. Yes, that same job where you do too much work for too little money. (But don’t take our word for it. Consult an attorney. We don’t give legal advice.)

    It appears at this point that you filed a complaint that the employer was violating the Ohio child labor laws, but you may not have filed a wage complaint yet. If you file a wage complaint, the ODIC will investigate and you may very well receive back pay for all the breaks when you were clocked out, but working. Even if the employer told you not to work during your breaks, they have to pay you for it.

    You should also file a complaint with the ODIC for illegal retaliation. Theoretically, an employer cannot take any negative action against you for reporting a violation of the law, to the empoyer or to a state agency. Again, the ODIC will investigate and if they find evidence, they will sue the employer for you. Usually the employer will settle out of court, and you might receive a few thousand dollars. It is not certain that you would win this case, because the employer had other good reasons to fire you.

    If you file a wrongful termination suit, you have to pay a lawyer. You might “win” your job back, or a small settlement. The beauty of filing complaints with the ODIC is that they will investigate. If they find you have a case, they will sue the employer. You will not have to pay a penny. If there is a settlement, you will still get the money, without paying a lawyer.

    But again, you are much better off devoting your efforts to finding a new job or going back to school, rather than trying to get money out of the old employer. HTH, and thanks for reading the blogs!~ Amelia

  45. Posted by: nate

    Thank you so much u have been very helpful…And i have found a new job thank goodness :) nd sorry to annoy u some more but i filed a complaint with doc(boutta week ago) and wrote pretty much everything i told u and a lil more of the things i have been through there…do i have to file 2 different complaints for them to be fined and pay me back my owed breaks??

  46. Posted by: Amelia

    Hi nate! Yayyyy! We are so happy to hear that you have a better job!

    Yes, you should file a total of 3 separate complaints with OCID:
    1) Child labor law violations
    2) Wage complaint for back wages
    3) Retaliation against you for complaints about wage and child labor violations

    For one thing, different people at OCID handle these complaints. So if you complain about a violation of child labor laws, probably it will never been seen by anyone in Wage and Hour. (You can tell them you have also filed the other complaints, but do three separate ones.)

    Simply saying you were not given required breaks is not the same as saying you were clocked out for breaks and required to work but not paid for them. One is a violation of child labor laws, the other is a violation of minimum wage laws.

    There is such a thing as too much information on a complaint. For example, there is no reason to mention that a supervisor from another store who was a family member was paid out of the drawer for moving heavy equipment. There is nothing illegal or unethical about that, and it simply makes you look like an unreasonable person to bring it up.

    Instead, confine yourself to the objective, relevant facts: Each day that I worked, the supervisor told me to work through my meal break, so I was never paid for 30 minutes of work per day. I want to be paid for that time. At times I clocked out but was told to continue working. At other times, the supervisor clocked me out while I was working.

    Also be aware that it will take the OCID months even to investigate the complaints, and if they have to sue the company, that could take another year or two. You are very welcome — we are happy to help, so feel free to post questions. HTH, and thanks for reading the blogs!~ Amelia

  47. Posted by: nate

    ok u r awesome…also how do i file a complaint for illegal retaliation??and when i spoke to the doc rep. she said they would send to investigators and if they find my statements true they will send me a check in mail…but that was the minor labor complaint i just wrote on it about breaks not being paid when worked

  48. Posted by: Amelia

    Hi again nate! Yes, when you spoke to the rep, you made a complaint regarding a violation of child labor laws. That is why she referred to it as a minor labor complaint. File a minimum wage/overtime complaint here: http://www.com.ohio.gov/laws/docs/laws_MINIMUM_WAGE_COMPLAINT.pdf

    Because you were not paid at all for the 30 minutes you worked each day while you were on “break”, you were not paid the minimum wage for those hours. You should try to figure out how many days per week you worked for the past 2 years, and file the wage complaint for 30 minutes each day, if you were never allowed to take breaks and never paid for them. (Don’t worry if you do not have exact records. By law the employer must keep accurate payroll records of the hours you worked for 3 years.)

    The additional comments on this form would be along the lines of “My supervisor required that I work during my unpaid 30-minute meal break every day. If I did not have time for a break, the supervisor clocked me out without my knowledge or consent. I was never paid for this time. When I complained about this practice, the employer retaliated against me. Eventually the employer fired me for working during breaks, even though the supervisor asked/told me to.” Include the supervisor’s name on the form.

    Also call the person assigned to your county on this list and tell them you were the victim of retaliation when you complained about the company’s practice of forcing you to work through your breaks without pay. They will help you file a separate retaliation complaint if necessary. HTH, and thanks for reading the blogs!~ Amelia

  49. Posted by: nate

    Thank you so much you have helped me out tremendously have a great summer well whats left anyway

  50. Posted by: Amelia

    Hi nate! You are very welcome!~ Amelia

  51. Posted by: Allison

    Does a salaried employee have to be paid for time served in Jury Duty? The Duty is one day a week and could be a day off for the week.

  52. Posted by: Amelia

    Hi Allison! No, there is no Ohio or federal law that would require an exempt salaried employee to be paid if he missed an entire day of work for jury duty. Under the FLSA, an employee need not be paid if he is unavailable for a whole day of work for personal business, and ironically, jury duty is considered personal business.

    If the exempt employee works even 5 minutes of the day that he spends in jury duty, even if he is checking his email or workinng from home, then he must be paid his usual salary for the week.

    If the exempt employee works his or her usual week, and is on jury duty on his or her usual day off, then the employee is entitled to payment of his usual salary for the entire week. However, while the employer is required to give the exempt employee unpaid time off, there is no law that the employer must readjust the employees schedule to enable the employee to still work the entire week.

    This is a complex issue, so feel free to post more questions. HTH, and thanks for reading the blogs!~ Amelia

  53. Posted by: Lisa

    Message I have worked for a company for a little over a year as a substitute and about a month ago was offered a contract position. I accepted and have been working as such. Yesterday was pay day but I did not get paid. I was told that I cannot get paid until the pay day after the next board meeting at which they will formally accept me as a contracted employee and then I will get all the pay due me. Can they really withhold pay like that? This company pays on the 15th & 30th so that is over two weeks’ worth & will likely bump me into another tax bracket. I think they should continue to pay me as a sub until my contract is approved. Do I have any grounds to stand on? Thanks

  54. Posted by: Amelia

    Hi Lisa! Yes, of course you have a leg to stand on. It is illegal in Ohio or any other state to pay an employee less than the minimum wage, and $0 is less than the minimum wage. It sounds like the organization committed a tactical error by putting you to work before the board approved your hire.
    Your fear that being paid for two payroll periods at one time will put you in a higher tax bracket is probably unfounded. We agree that the employer should have continued to pay you as a substitute teacher until your hire was approved. If your hiring as a contract employee is not approved for any reason, they still have to pay you for the time you worked.
    You can certainly file a wage complaint with the Ohio Division of Industrial Compliance at http://www.com.ohio.gov/laws/ and we would suggest that you do so if you are not paid on the next payday. However, bear in mind that filing such a complaint is almost certain to anger your employer, perhaps enough to deny you a contract next year. HTH, and thanks for reading the blogs!~ Amelia

    For an exempt employee, it can be problematic for the worker to take an unnpaid day off. Most companies would dock the employee’s vacation time and pay the employee instead. There is no law that guarantees the employee the right to take unpaid time off, in most cases. (The exceptions would be time off under FMLA or ADA, or HTH, and thanks for reading the blogs!~Amelia

  55. Posted by: Lisa

    Amelia, thank you muchly for your advice. I have since been informed that the intention is not to pay me a ‘double paycheck’ on the 30th but to take the pay from that missed period and distribute it evenly over the remaining 23 pay periods of the year. Are they allowed to do that?

  56. Posted by: Amelia

    Hi Lisa! No, they are not allowed to do that. You worked for that week (those two weeks?) and you are entitled to paymennt for them. Being paid a higher salary in future weeks does not compensate for not being paid at all for one payperiod. This is an extremely unprofessional way to handle HR.
    You would be completely justified in filing a wage complaint with the Ohio Department of Labor, because you worked during that payperiod and you were not paid for it. The employer cannot rataliate against an employee for filing a wage complaint, even if it turns out that the employee is owed nothing. HTH, and thanks for reading the blogs!~ Amelia

  57. Posted by: Nicholas

    Im having problems locating the information so i thought I’de try it out on here. I work for a company, in the service/industry category, in which I have to drive from job to job until ive done the jobs that my manager setup on my route. Our shift starts at 7am and I didnt get off last night till 3am of the following day. The next day i show up for work and they send me out, not surprised, because someone called off and “we” were short staff. I said that I was pretty sure it was illegal in ohio for me to operate a vehicle within such a short time period but he said if I want my job ill have to do it. I refused to endanger anyone in the company vehicle and was terminated on the spot. Now I am definetly going to talk with HR and the National Safety director for the company I just was wondering if there was any legal action I could take about being fired for the reason I was…

  58. Posted by: Amelia

    Hi Nicholas! Unfortunately, if you were driving a car, there is probably not any action you can take. We agree that the employer is completely unreasonable to expect you to drive 20 hours, return to work after 4 hours and drive many hours again. This is probably unsafe, but if you are driving a car it is legal.
    The U.S. Department of Transportation sets limits on how many hours an interstate trucker can be required to drive in any 24-hour period. The Ohio Department of Transportation sets some limits for commercial drivers and truckers within the state. But we could not find any law that limits the number of hours an employee can be required to drive a car.
    We believe that you did the right thing by refusing to work under such unsafe conditions. It is possible that if you are terminated, you will qualify for unemployment benefits. You should speak with the National Safety director and HR. You may have some protection under the law since you refused to accept a work assignment that was not safe. HTH, and thanks for reading the blogs!~ Amelia

  59. Posted by: Nicholas

    Thx for the reply, I dont think it matters because its not a semi-truck but it is a Large van in excess of 7500lbs. I have contacted our safety director as an anonymous employee who is looking into the matter.. Once again thx for the reply..

  60. Posted by: Amelia

    Hi Nicholas! Yes, it matters a lot! Most states have limits on the number of hours that a commercial driver can operate a truck, even within the state. You may want to contact the Ohio Department of Transportation at http://www.dot.state.oh.us/Pages/Home.aspx anyway, to see what assistance they can offer. Also contact OSHA at one of these offices regarding the unsafe working conditions: http://www.osha.gov/oshdir/oh.html . You probably do not have to do this anonymously. Both the Ohio Whistleblower laws and OSHA regulations should protect an employee who files a complaint of unsafe activity in good faith. This rule may not help if you walk off the job, but it should prevent the employer from retaliating against you for filing a complaint. HTH, and thanks for reading the blogs!~ Amelia

  61. Posted by: LEE

    I have worked for the same employer for ten years. Last year they were forced to lay some people off. At that time I was asked to take on another position as well as my own. At that time I was told that it would not be permanent. Come to find out a year later, it is. Now I am being told that I have to take on more work because an older employee is cutting back hours. Can I refuse to take on this work or do I just have to keep taking on more work to keep my job ?

  62. Posted by: Amelia

    Hi LEE! Unfortunately, you basically have to keep taking on more work if you want to keep your job. There is no law that prevents an employer in Ohio or any state from adding to an employee’s responsibilities. Basically, the employer sets the job duties and can change them unilaterally at any time. Your options are to do the extra work, to quit or to not do the extra work and eventually be fired.

    If an employer makes a significant change in working conditions, hours, pay or benefits, and the employee quits rather than accept the changes, the employee often qualifies for unemployment benefits. For example, if the new duties mean you will be working 60 hours per week instead of 40 hours per week for the same wages, or if you were transferred from the day shift to the midnight shift, those would be significant changes. However, simply expecting you to work harder during the hours you are at work is usually not a significant enough change. If the employee works under the new arrangements even for one day, he or she has accepted the changes and does not qualify for unemployment if he or she quits.

    In this economic climate, we would never suggest that an employee quit a job, even if he or she would qualify for unemployment. Your best bet is to stay on the job while you look for something better. HTH, and thanks for reading the blogs!~ Amelia

  63. Posted by: Lee

    Sorry to hear that an employer can take advantage of their employees. To force them to take on the more work and to perform in the same amount of hours (if we work more than 40 hours, we will not be paid overtime). Job hunting begins today!

  64. Posted by: Amelia

    Hi Lee! Yes, this situation is far from ideal, but unfortunately, it is legal. We have confidence that you will find a better job! Thanks for reading!~ Amelia
    P.S. In most cases, employers are required by law to pay overtime to hourly employees who work more than 40 hours per week. However, this does not apply to exempt salaried employees.

  65. Posted by: Allison

    We have an associate whos mother wants to discuss her daughters employment with us, and be present for discussions with the employee. Is this legal, it seems like a privacy issue. Also if she wants her mother there, is there a waver she needs to sign allowing us to disclose her information?
    Thanks!

  66. Posted by: Amelia

    Hi Allison! Unless the employee is under 18, or developmentally disabled, this is completely inappropriate. Our advice is “Don’t go there!” This would also apply to dealing with husbands, wives, boyfriends or adult offspring of employees. Your employment relationship is between the employee and you. Allowing other people to insert themselves into the relationship never has good results. If the employee (over 18) is not mature enough to handle work discussions and situations by herself, then she is not mature enough to hold a job.

    To answer your question, there is no law that requires confidentiality in the workplace (except relating to medical issues), nor would you be violating any law if you had a conference with the employee and her mother. However, it would not be a best practice in HR, and it is widely recognized as a mistake. As an employer, you need to deal with the employee, and she needs to deal with her mother.

    It is very common in the workplace for employees to lie to family members. For example, a worker who is fired for drinking on the job may tell his wife that he was fired for no reason, or unjustly accused of theft. This is a matter between the two relatives. It is not your job to correct the misinformation. At most, if an irate wife calls, you can tell her you cannot discuss the specifics of the situation, but it is not company practice to fire employees for no reason, and she needs to speak to her husband about it.

    Again, there are two exceptions to the rule that you should not involve family members. If the employee is under 18, then it may be reasonable to communicate with the mother. If an employee of any age has a mental disability, then it may be appropriate to communicate with a relative or family member. But even in these cases, it is usually not a good idea to have the family member actually present at conferences.

    Be assured that the mother’s motive in attending this conference is to whip you into shape, and influence you to change company policy to benefit her daughter. There is no reason for you to participate in such a farce. The best practice is to limit conferences and communication to the employee and the employer. HTH, and thanks for reading the blogs!~Amelia

  67. Posted by: Allison

    Thanks for the quick response! So I pose this as a question, when placing the involvement of her mother as in reference to the confidentiality that lies with providing information to other employers, does that change things? Can we tell her mother things we would not be allowed to tell a reference check (right now it is my understanding that no details can be shared aside from dates of employment and confirm a rate of pay) Also can the employee compel us to have her mother present for a disciplinary meeting? The employee is in fact 18 and of sound mental and physical capacity.

  68. Posted by: Amelia

    Hi Allison! You are very welcome. Feel free to post as many questions as you like.

    No, the employee cannot compel you to have her mother present at a disciplinary meeting. Neither can she require that she be allowed to have her minister, cat, Justin Beiber or best friend present. As the employer, you pretty much make up the rules in the workplace (as long as you do not violate any law.) It is completely inappropriate for the mother or anyone else besides the employee to be included.

    It is hard to see why the mother wants to be included, unless she is the ultimate in helicopter parents. Even if the employee had a drug or alcohol problem, it would be the employee’s responsibility to deal with the impact on her job. Having mommy intervene with the employer is dysfunctional, and you should not permit it or be a party to it.

    There is actually not a law that prevents an employer from giving information during a reference check. Employers avoid this because in the past, some employers who gave accurate negative information about an employee were successfully sued for thousands of dollars when the employee was not offered a job. This concern probably does not apply when the employee has invited her mother to a disciplinary hearing.

    Many companies have policies that personnel records and disciplinary meetings are confidential, even from other employees. If you have such a policy, you can certainly enforce it. However, even if you do not have such a policy, you can “just say no” to having Mom at the meeting.

    Personnel records are company property. There is no requirement that you share this information with anyone unless they have a court order. Again, the employment relationship is between you and the employee. Her mother is not involved, and nothing positive can come from involving the mother. You really don’t need a reason to say no except, “That is not our policy” or “It is our policy that disciplinary meetings are confidential, between the employee and employer.” HTH, and thanks for reading the blogs!~ Amelia

  69. Posted by: JB

    Can an employer legally reduce your pay per hour if you go to Part-time work????

  70. Posted by: Amelia

    Hi JB! Yes, as long as the hourly rate is still above the minimum wage. There is no law that a part-time worker must be paid the same hourly wage as a full-time worker. Some employers do, some do not. HTH, and thanks for reading the blogs!~ Amelia

  71. Posted by: Nate g

    If your seventeen can u handle a knife or manual cheese slicer? Thanks in advance!

  72. Posted by: Amelia

    Hi Nate! Yes, a 17-year-old employee can use a manual cheese slicer and a knife at work. An employee under 16 is prohibited by both federal and Ohio law from using an automatic meat slicer. An employee under 16 also cannot work as a cook or baker, or in the meat packing trade, because these occupations have been deemed too hazardous by state and federal law. HTH, and thanks for reading the blogs!~Amelia

  73. Posted by: Lisa

    If I work 55 hours in one week, but only 7 hours on one of those days, Can my employer take away vacation time from me, or paid time off away from me? Thank you

  74. Posted by: Amelia

    Hi Lisa! If you are a salaried exempt employee, the employer can indeed require that you work at least 8 hours per day. If you work 7 hours one day, the employer can deduct one hour from your vacation balance to compensate, under both federal and Ohio law. Many salaried employees assume that there is a standard 40 hour workweek, and as long as they work more than 40 hours their vacation cannot be deducted. Unfortunately, this is not true. The employer can require that an exempt employee work any number of hours. HTH, and thanks for reading the blogs!~ Amelia

  75. Posted by: Lisa

    Hi again Amelia, thank you for responding. One more question…What if I am a commissioned Sales Person…not a salary exempt.

  76. Posted by: Amelia

    Hi Lisa! Most commissioned sales people are also exempt, meaning they are not entitled to overtime when they work more than 40 hours per week. If you were not exempt, when you work 55 hours in the payroll week you would be entitled to 40 hours straight time and 15 hours overtime.

    As an exempt commissioned sales person, the employer can establish a minimum 8-hour work week and use one hour of your vacation time when you go home after 7 hours. We agree that this is harsh, but it is legal. HTH, and thanks for reading the blogs!~ Amelia

  77. Posted by: chris

    My girlfriend works back to back 16 hour doubles as a stna nurse.is the a law to where she has to has so much time off in between shifts

  78. Posted by: chris

    Sorry and the state where my girlfriend works is ohio,I don’t know if it mattered . She works back to back doubles as the stna with the care of 2 kids, is there a law that will help her get more time between shifts ..

  79. Posted by: Amelia

    Hi chris! Like most states, Ohio has no law that requires an employee to be given a specific amount of time off between shifts. Very few states have such a law, and when they do, it is often 8 hours between shifts.

    Several states have laws that permit a Registered Nurse (RN) to decline extra shifts if she believes she is so tired that it will endanger the patients’ health. However, in this case, it is not even clear that your girlfriend is working unscheduled overtime. It sounds like she is normally scheduled for 16 hour shifts. We agree that these are very difficult working conditions, and it might be wise for her to look for a different job. HTH, and thanks for reading the blogs!~ Amelia

  80. Posted by: Diliah

    Had an employee I wrote up 3 times for the same reason; then the last warning I told her if she could not do her job that she would be terminated. Then she up and leaves her position 1 1/2 hr before she was scheduled. After 8 wks of repeated mistakes I let her go for leaving before she was supposed to; I called and asked her to return her keys. She argued that she didn’t have to tell me she was leaving but I asked her what time were you scheduled to work she hesitated and I said was it 4pm; and she said yes; I said then there is nothing more to say. Then her father gets on the phone and states he is going to sue me personally stating she was being singled out I kept telling him I didn’t have to speak to him but as an Office Manager he can sue me personally; when I went to my employer and told him what was going on and he has the final say who I hire & fire;
    he kept verbally attacking me. He said she didn’t have a scheduled lunch; which that isn’t true each person is to rotate lunches but I didn’t answer him; I again told him I didn’t need to discuss this with him this was between the office and the employee. He said I am not going to let this going and I will sue you personally. I gave her amply warnings to correct her mistakes but she just went in one ear and out the other. Other employee complained about her not helping; I addressed that; and many other things.

  81. Posted by: Amelia

    Hi Diliah! This is a tough situation and you have our sympathy. Obviously, this employee and her father are not rational people.

    Theoretically, the father could sue you and the company, but the suit would likely go nowhere, and he would have to pay a lawyer. Frankly, we doubt that he will do so.

    Some employees mistakenly believe that if they skip their lunch hour they can leave early. This is not true. The two are unrelated. If the employee is scheduled to leave at 4:00 pm and she walks off the job (without telling you) at 2:30 pm, many employers would assume that she has quit. We suspect that she was angry and did intend to quit. When she got home and spoke to her father, she reconsidered.

    A better option might have been to wait until you were no longer angry, to have this conversation. You could have waited until the next day the employee was scheduled to work, and terminated her immediately upon her arrival. She would have the keys with her, and the father would not be invovled.

    You are right about one thing — you don’t have to discuss this with the father. You would have been well within your rights simply to hang up on him. Unfortuantely, this type of frustrating situation happens to every manager from time to time. Feel free to post any additional questions you might have. HTH, and thanks for reading the blogs!~ Amelia

  82. Posted by: Allison

    What number of hours does an hourly employee have to work to be considered a full time employee?
    Thanks!

  83. Posted by: Amelia

    Hi again Allison! This is a matter of company policy rather than employment law. There is no distinction between full-time and part-time in labor laws. Both types of employees are entitled to the minimum wage and offered the same protection under the law.

    There is wide variation in what different employers consider full-time and part-time. Some employers would consider an employee who works 24 hours per week part-time. Others would consider an employee who works 37 hours per week part-time. It is just a matter of company policy. Most companies average the number of hours worked over a period of 3 months or longer to determine if the employee meets the company criteria for full-time status. HTH, and thanks for reading the blogs!~ Amelia

  84. Posted by: sherry

    can my emplorer prevent me from taking a medical leave on my doctors orders not A FMLA leave?

  85. Posted by: Amelia

    Hi sherry! The employer cannot force you to work if you are physically unable to do so, but in some cases you could lose your job for taking non-FMLA time off. You mention that this is not FMLA leave, but you do not say why. If it is because the employer has fewer than 50 workers, or because your illness does not qualify as a serious health condition under FMLA, then youHr job may very well be in jeopardy if you take time off.

    The FMLA is the primary law that protects your job if you must take time off due to a serious health condition. There are few federal or Ohio laws that allow an employee to take time off and return to her job. If you do not qualify for FMLA (for whatever reason), you can be fired for taking too much time off from work.

    Force is such an ugly word. No one can legally force you to do anything. However, in some circumstances, you may be terminated if you take time off.

    If the employer has granted a non-FMLA medical leave to other employees, and returned them to their jobs, it may be illegal discrimination to deny you this benefit. If the employer has at least 15 workers, and you have a permanent disability, you may be entitled to unpaid time off under ADA, the Americans with Disabilities Act. Otherwise, there is no law that the employer must grant a medical leave.

    Obviously your health is the most important thing, and if you are unable to work, you have to take time off to recover. This is a complex issue, so feel free to post additional questions. HTH, and thanks for reading the blogs!~ Amelia