Asked in Employment Law for Ohio

Q: Is is legal for my company to make me do a “working suspension” and not pay me while I am at work?

My company regularly tells employees they are under a “working suspension” where we are required to clock in and perform regular duties but are not compensated in any way for the hours worked

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4 Lawyer Answers
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: That doesn't sound legal at all. You should contact an employment law attorney.

James J. Hux
James J. Hux
Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: You should contact an employment attorney as soon as possible. You should be paid for the time you are working. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm, LLC

Maurice Mandel II
Maurice Mandel II
Answered

A: ABSOLUTELY NOT!!!!!. This is a violation of the FLSA. and possibly Ohio wage and hour statutes. Waiting time is working time. This rule was adjudicated by the US Supreme Court in the 1940's. Look for an Ohio Department of Labor Website to file a wage claim for the hours you were not paid for.

KEEP TRACK OF THE DATES, TIMES AND HOURS YOU WENT TO WORK AND WERE NOT PAID. Often there are rules about "show up pay." which can be as much as a half day pay.

Contact a local Ohio Employment law attorney asap.

Maurice Mandel II
Maurice Mandel II
Answered

A: ABSOLUTELY NOT!!!!!! US Supreme Court said "waiting time is working time" back in the 1940's. This is a violation of the FLSA and possibly Ohio laws re; wages. You should research whether there is an Ohio Dept of Labor where you can file a wage complaint. Keep track of all the dates and times you reported to work as scheduled and were not paid. You should contact a local attorney Carrie Dyer?, and see if she can help, or see if you have a legal aid program that can provide you with advice about this in Ohio.

Many states have an office where you can file wage claims and go into a fairly informal hearing on your own, or with an attorney. The key to winning is to present good records of the dates, and times. AND if you have a co-employee that you can call as a witness, these hearings usually give you the power of a subpoena to get them in if they are not willing, or are afraid of the employer.

This is WAGE THEFT!!!!! DON'T LET THEM GET AWAY WITH IT. Today you lose an hour's pay, tomorrow it is 2, then no lunch, then ????? You are not a piece of meat.

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