Legal Question in Employment Law in Ohio

I went to work for a man who does construction. He told me he would pay me $10 an hour to start and if I done a good job he would give me a raise to $13 an hour but I would have to pay my own taxes.My first week I worked 87 hours. He paid me $500. When I told him he owed me more he said no I'm not paying you by the hour I'm paying you by the job and this guy is a friend so I gave him a break. Since last Friday I have talked to a few people who say he never paid them at all. Can I do anything about this?


Asked on 7/21/10, 8:12 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.

If you worked the hours you must get paid. However, are you actually an employee? Did the man take out taxes, workers' comp. premiums, social security? What I am really asking is; are you being paid under the table? If so, you both are violating the law and you do not have any legal recourse at this point. If you tell him that he is breaking the law and you want to get paid what is rightfully yours, he probably won't use you again. The wage and hour laws do not protect workers who are not following the rules.

If you are actually a valid employee you can file a complaint with the Department of Labor and they may investigate.

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Answered on 7/23/10, 9:21 am


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