Dealing With Unpaid Wages in Ohio
My employer hasn't paid me — here's what Ohio law says and what to do next.
Statute: Ohio Rev. Code § 4113.15
Deadline: 15 days
Penalty: Employer may be liable for the unpaid wages plus a penalty equal to 6% of the amount of each unpaid claim per month, plus reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Ohio differs from federal law
Ohio's minimum wage is higher than the federal rate and adjusts annually based on inflation:
- 2025: $10.70/hr for non-tipped employees at businesses with annual gross receipts over $394,000
- Tipped employees (2025): $5.35/hr (tips plus base must reach $10.70; employer must make up any shortfall)
- Employers with annual gross receipts of $394,000 or less, and employees under 16: federal minimum wage ($7.25/hr) applies
- Ohio's minimum wage is tied to the Consumer Price Index and adjusts annually on January 1
Additional steps in Ohio
File minimum wage complaints with the Ohio Division of Industrial Compliance or the federal DOL. Ohio workers can also bring a private civil action to recover unpaid wages plus attorney fees.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Ohio, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Ohio.