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

Related Topics:
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
  • Newport Beach, CA

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
  • Newport Beach, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.