Legal Question in Employment Law in Ohio

I work for a daycare, my employer is trying to make us work to recruit parents, extra weekends and evenings without pay. They use what they call comp time which means, in the future, you are allowed to leave work early or miss a day. They state if we don't volunteer a date they will pick one for us. Thus far I have refused because I feel I should be paid in a timely manner when I work. They claim their lawyer has said this is legal. I am concerned that I may lose my job. Is this legal. One of my superiors has even advised us to go into bars and nightclubs to find parents I do not feel comfortable with this and will not under any circumstances go into those establishments. Do they have a right to fire me.


Asked on 8/11/10, 8:26 am

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

I think they are lying or their lawyer does not know the law. If you are a non-exempt employee you must be paid for every hour that you work. (You have not told me what you do to determine whether you are exempt or non-exempt.) Comp time for hourly workers is illegal. (There are some exceptions.) Do they have the right to fire you?

Right now, yes. To protect yourself from retaliation you should complain in writing to the Ohio Wage and Hour Bureau (216-644-2239). Unfortunately, since your employer is being advised inadequately, they may fire you and you will need to sue them. This is not an attractive prospect.

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Answered on 8/19/10, 5:18 pm


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