Legal Question in Employment Law in Ohio

I am a commissioned licensed massage therapist in ohio. I am being required to have certain 'shifts' within a chiropractic office and within a spa that are unpaid. The hours are required every week, although I only get paid commission for each massage I give. Are they able to require me to come and sit when there are no scheduled appointments without compensation? I am an employee, so they pay taxes each paycheck, but aren't they still required to have some base pay for mandatory hours?


Asked on 5/13/14, 11:11 am

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

Your employer may be violating the Fair Labor Standards Act, which requires employers to pay a certain minimum wage to employees. Generally speaking, employees who are 'engaged to wait,' as opposed to 'waiting to be engaged,' are required to be paid a minimum wage for their wait time. As these are fact-intensive cases, you should consult with an attorney who practices employment litigation for a detailed analysis. Feel free to call our office at 614-466-4455 if you would like additional information.

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Answered on 5/14/14, 6:10 am


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