Legal Question in Employment Law in Ohio
hi i work for more than 40 hrs every week but my employer pays only 20hrs on paycheck(which is illegal -- I continued because i dont want to loose employment) and he says rest will be paid in cash and when i ask for cash for rest of the Hrs he postpones to next week every time i ask him and he never paid ....
To whom should i complain this ???
My employer may say that i worked only for 20 hrs how do i prove this i work from 6:00PM to 6:00AM all 7 days. Can i ask the department of labour to watch my working Hrs
Please guide me what should i do...
1 Answer from Attorneys
You can take your complaint to either the department of labor (DOL) or a private attorney. Both have authority to enforce the federal overtime law. It says that the employer must keep a record of hours worked. If the employer fails to do that, or if you have proof that the hours are inaccurate, then the overtime law says that the DOL or court should accept the hours that you estimate.
Your estimate does not have to be precise. An approximation is sufficient.
To prove that you work more than 20 hours a week, figure out a way to prove when you begin and when you quit. If you send yourself at text with the message "start time" and again at the end of the day with "end time", the record of those texts will be a decent record. If your cell phone has a camera, take a picture of the sign, back door or other identifiable thing at the beginning and end of the day. The picture will record the time it was taken.
I am curious as to how much you are paid, how long this has gone on and whether other employees are not paid overtime as well. Feel free to contact me with that information.
Best regards,
Neil Klingshirn.