over worked, under paid

[thechad]

I spent about a year working for a company that provided production for live events. I was paid under thirty thousand dollars, and was on a salary. I was force to work as many as 90 hours a week, and was denied overtime. I am in Ohio. I at times superviesed a couple of interns (not full time employees) who made thirty dollars a day, many times for 15-20 hour days. My salary was also late most months, sometimes as much as 45 days late. I was told by a friend that if you are a full time employee and you do not got paid by the agreed time you are able to get as much as three times the amount owed, is this true? I was doing mostly physical work, and a little technical. I still have not been paid for my last two months of salary, does this release me from my non compete? They also owe me money from over a year ago from when I was an independent contractor. Thanks for any help.

[LConnell]

Were you classified as an independent contractor for project-type work? You can read more about the independent contractor status at: http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm As an independent contractor, you do not have privileges related to overtime, etc., as with an employee.

If you believe that you were actually an employee, then there are a couple of issues. First, as a misclassified employee, your former contractor underpaid employment taxes on your behalf AND did not withhold taxes from your pay. Both of these issues are problematic for the employer. However, if you did not submit tax estimates to the IRS, you could cause your problems for yourself.

Also, as an employee, there is the issue of exemption from overtime, etc. That is dependent upon a number of factors from responsibilities (such as supervisory) to level of pay. You can read more about exemptions at: http://www.dol.gov/esa/regs/complian...a_overview.htm

Finally, as far as the non-compete is concerned, I couldn't say for sure because I don't have a copy of your agreement. However, court decisions, in general, have not been favorable to non-competes, especially if the non-compete would prevent you from earning a livelihood. Or, in your case, the employer/contractor did not keep up with his/her part of the bargain. You may wish to talk with a local attorney about this. Perhaps you can start with an initial consultation and then you can determine if additional legal advice is needed.

Good luck and let me know if you have any other questions.

[thechad]

I was not a subcontractor for the about a year I am talking about, I was a full time taxed employee. When I was not setting up for events I did cordinating to get ready for them. Like I said I did only supervise non full time interns.

[LConnell]

Time limits to pay employees are set by state law. I couldn't see a reference to a state in your posting. What state are you in?

[thechad]

I am in Ohio

[LConnell]

Ohio requires payment on a semi-monthly basis. The agency enforcing wage and hour law for Ohio is the Ohio Department of Commerce. Their website is not clear as to whether you can file a claim through them or if you need to go to the US Department of Labor. You can call the Ohio Dept. of Commerce at 614-644-2239.