You work hard for a living and deserve to be paid on time for the hours you put in. Not being paid on time is not only an inconvenience, but it can also cause you to be unable to pay your bills, mortgage, rent, and other financial obligations in a timely manner. Importantly, being paid on time is your right as an employee under Ohio and federal law. If an employer refuses to pay on time or fails to give you your paycheck within the necessary time frame, you may be entitled to take legal action to recover the wages you are owed.

When Are Employers Required to Pay You Under Ohio Law?

Ohio law is very clear about the time frame in which employers are required to pay employees. The applicable statute specifies that employees must be paid the wages that they have earned at least twice a month.

Different pay schedules may be permitted in limited situations. For instance, employees under collective bargaining agreements may have different pay schedules. The law also does not prohibit daily or weekly payment of wages — if an employer wishes to pay an employee more frequently than semi-monthly, this arrangement can be outlined in a contract or agreement between the employer and employee. Similarly, a longer time lapse is permitted between pay if it is customary in a particular industry or profession and established by written contract or operation of law.

Can an Employer Withhold Your Pay?

An employer is not permitted to withhold an employee’s paycheck for any reason under Ohio law. Under both federal and state law, an employee must be timely paid for all hours worked. Even upon termination, outstanding wages cannot be withheld. The employer must pay the employee their last paycheck no later than the next scheduled pay day.

What Can You Do If an Employer Refuses to Pay on Time?

In the event your employer refuses to pay you your rightful wages, it’s important to understand that you may be able to pursue a remedy under Ohio law. However, you must first gather evidence that supports your claim. Evidence in a claim for untimely or unpaid wages can include:

• Documentation of communications — Document any communications between you and your employer about their refusal to pay you. This may include emails, text messages, letters, or conversations. You should also document any attempts to resolve the issue with Human Resources or your employer directly.
• Paystubs — Retain a copy of all paystubs. These documents can show the agreed-upon wages and hours and allow for a comparison with the wages you’ve actually received.
• Employment agreements — Your employment agreement should specify the agreed-upon wages, hours, and other terms of your employment.
• Record the hours you have worked — Be sure to record all the hours you have worked, as well as the hours for which you have not been paid.

If your employer refuses to pay on time, despite your attempts to resolve the issue, a knowledgeable employment attorney can advise you regarding your options. Depending on the specific facts of your case, your options may include submitting a claim to the Ohio Department of Commerce’s Division of Labor or the U.S. Department of Labor’s Wage and Hour Division. These agencies will investigate the claim and may schedule a mediation session between you and the employer.

In the event the unpaid wage issue cannot be resolved with the applicable agency, an attorney can assist you with commencing a lawsuit against your employer. If you can establish that your employer refused to pay your wages within 30 days of the regularly scheduled payday, your employer may be liable for the amount of the unpaid wages. Under Ohio law, the employer may also have to pay liquidated damages in the amount of 6% of the claim or $200, whichever is greater. Notably, there is a two-year statute of limitations to file an unpaid wage claim in Ohio.

Contact an Experienced Ohio Employment Law Attorney

If you are facing an issue where your employer refuses to pay on time, it’s essential to have a skillful employment attorney by your side. Located in Westlake, Lalak LLC handles a wide range of employment matters, including those concerning unpaid wages and other wage violations. Contact Lalak LLC online today or call 440-892-3380 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can help.