Ohio revised code 4109
i am 17. I worked at a pizza shop as a driver. At the beginning of august i will of been there two years. A few short months after i was hired as a kitchen worker they had me start delivering. In this time i was paid under minimum wage. My question is: can I file suit for being a minor in a hazardous job and also can i sue for wages unpaid?
1 answer | asked Jun 15, 2007 11:37 AM [EST] | applies to Ohio
Answers (1)
You can sue for unpaid wages and report a safety violation to the government
Both Ohio and federal law govern the employment of minors and the payment of minimum wage. You have found the Ohio law, which begins at Ohio Revised Code Chapter 4109. The federal law is the Fair Labor Standards Act and is found at 29 United States Code section starting at section 201. Those laws spell out who enforces them and how.
In the case of prohibitions against giving hazardous work to minor employees the Ohio Dept. of Commerce and the federal Department of Labor, Wage and Hour division, can investigate and fine an employer that violates the safety rules. I do not believe that the minor employee is entitled to receive anything, however.
If the employer fails to pay the minimum wage, the government can investigate that at the same time it investigates the safety violation. If the government finds that the emmployer did not pay the minimum wage, it can order the employer to pay the employee. As another option, the employee can file suit in state or federal court to make the employer pay the minimum wage.
Under the new Ohio minimum wage the employee can recover three times the new unpaid minimum wage, plus attorneys' fees.
You can go back two years for a minimum wage claim. If you prove that the employer's failure to pay it was "willful," you may be able to go back three years.
If the amount of the unpaid minimum wage is low, you can go to small claims court. You will not need a lawyer to do so.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jun 15, 2007 4:28 PM [EST]
Both Ohio and federal law govern the employment of minors and the payment of minimum wage. You have found the Ohio law, which begins at Ohio Revised Code Chapter 4109. The federal law is the Fair Labor Standards Act and is found at 29 United States Code section starting at section 201. Those laws spell out who enforces them and how.
In the case of prohibitions against giving hazardous work to minor employees the Ohio Dept. of Commerce and the federal Department of Labor, Wage and Hour division, can investigate and fine an employer that violates the safety rules. I do not believe that the minor employee is entitled to receive anything, however.
If the employer fails to pay the minimum wage, the government can investigate that at the same time it investigates the safety violation. If the government finds that the emmployer did not pay the minimum wage, it can order the employer to pay the employee. As another option, the employee can file suit in state or federal court to make the employer pay the minimum wage.
Under the new Ohio minimum wage the employee can recover three times the new unpaid minimum wage, plus attorneys' fees.
You can go back two years for a minimum wage claim. If you prove that the employer's failure to pay it was "willful," you may be able to go back three years.
If the amount of the unpaid minimum wage is low, you can go to small claims court. You will not need a lawyer to do so.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Jun 15, 2007 4:28 PM [EST]
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