HOURLY EMPLOYMENT

Hourly employees must be paid at least the applicable minimum wage for every hour worked. The federal minimum wage is $7.25 per hour, but West Virginia's state minimum wage is higher at $8.75 per hour, and Ohio's minimum wage is higher still. When state and federal minimums differ, the employee is entitled to the higher rate. Some local jurisdictions may have their own minimum wage requirements as well. Tipped employees have a lower minimum cash wage but must still earn the full minimum wage when tips are included — if tips do not bring the employee up to the minimum, the employer must make up the difference.

Under the Fair Labor Standards Act and corresponding state laws, hourly employees who work more than 40 hours in a workweek must be paid overtime at a rate of one and one-half times their regular hourly rate. This is one of the most fundamental protections for hourly workers, and violations are extremely common. For a detailed discussion of overtime rights and violations, see our overtime laws page.

Hourly employees must be compensated for all time they spend performing work or remaining under the employer's control. This includes time spent setting up equipment or workstations before a shift, putting on and removing required protective gear or uniforms, attending mandatory meetings and training sessions, traveling between job sites during the workday, waiting on the employer's premises when required to remain available, and performing work-related tasks before clocking in or after clocking out. If your employer requires you to be somewhere or do something for the employer's benefit, that time is generally compensable.

Time shaving occurs when an employer alters an employee's time records to reduce the number of hours recorded. This can happen through automatic rounding of clock-in and clock-out times that consistently favors the employer, manually editing time records after the employee has clocked out, or using timekeeping systems that automatically deduct break time even when the employee worked through the break. Time shaving can be difficult to detect because each individual adjustment may be small, but over time the lost wages add up significantly.

Some employers require or allow hourly employees to perform work before clocking in, after clocking out, or during unpaid meal breaks. Common examples include requiring employees to arrive early to set up but not allowing them to clock in until the shift officially starts, requiring employees to stay after clocking out to clean up, close down, or finish tasks, and expecting employees to answer work emails, calls, or messages during off-hours. All of this time is compensable and must be paid.

Some employers misclassify hourly workers as independent contractors to avoid paying minimum wage, overtime, and employment taxes. If you are told you are an independent contractor but the employer controls when, where, and how you work, provides your tools and equipment, and sets your schedule, you may actually be an employee entitled to the full protections of federal and state labor laws. Misclassification is a serious violation that can also affect your eligibility for unemployment benefits, workers' compensation, and FMLA leave.