Legal Question in Employment Law in Ohio

I have been working for a nightclub in Ohio for the past 18 months. I was told by the owner that bartenders didn't have to receive an hourly wage and only worked for tips. After I found out this wasn't true and brought it up I kept getting a run around story about getting paid and it still hasn't happened. Now my hours have been drastically cut down. Is there any legal ground I have to recover wages?


Asked on 5/22/10, 1:59 am

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

Your employer is violating both Ohio and Federal law. In Ohio, tipped employees must make at least $3.65 per hour and total wages with tips must equal or be greater than $7.30. (If minimum wage is not met, your employer must make up the difference.) A federal lawsuit could get you all of your back wages times 2, plus attorney fees and case costs. Further, since you have had your hours cut you may also have an unlawful retaliation cause-of-action. Depending on how much you are owed, an employment attorney make take this case on contingency which means you pay nothing until there is a win. If you lose, you do not pay anything. Time to call a lawyer.

Neil Rubin

216-923-0333

The message above is for information only and does not guarantee confidentiality or enter into an attorney/client representation.

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Answered on 5/25/10, 6:48 pm


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