Dayton, OHAn Ohio employment violation that also involved workers from several states has come to light in the wake of a recent investigation by the US Department of Labor (DOL). According to a release by US Fed News (10/10/12) and the DOL, more than three hundred current and former employees of a child care provider will be paid back wages related to unpaid overtime and poor record-keeping.
The allegations against Crème de la Crème, an agency based in Denver but having locations throughout the country, were said to be in violation of the Fair Labor Standards Act (FLSA).
The investigation revealed violations at no fewer than 21 day care centers in various states, including Ohio. While the FLSA is federally-regulated, such non-payment of overtime is also an affront to Ohio labor laws which require employees to be paid a fair wage for a fair day's labor, with overtime due once a set number of hours per week have been exceeded.
The violations, according to the release, included non-payment for work performed either prior to the start of a shift, or following the end of a shift—and sometimes both. Another issue was the non-payment for time spent on mandatory training courses.
Crème de le Crème will shell out a total of $41,440 in back wages owed to 354 current and former employees of the company, some of them based on Ohio. The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Additionally, employers must maintain accurate time and payroll records.
Agencies with satellite offices or locations in various states must adhere to state labor regulations. Thus any worker employed by a company headquarted in another state but performing duties in his or her home state, would have the right to benefit from provisions according to Ohio and Labor Employment law, in Ohio's case.
To that end Ohio State Employment law ensures that workers employed by a company headquarted in Ohio—or elsewhere—have certain rights according to the laws of the state in which the work is performed. Any company with headquarters in another state (in this case, Denver Colorado) cannot skirt around regulations both federal, and state-specific.
Ohio employment attorneys are conversant with Ohio employment labor law and how that fits in with federal regulations, together with the liabilities of a company with headquarters in a different state.
Regardless of the situation, residents in Ohio are due certain Ohio employee rights—including fair pay, overtime, correct classification and safe working conditions—under provisions guaranteed by Ohio employment law.
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