WAGE AND HOUR DEMAND LETTER
Ohio Minimum Fair Wage Standards Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Ohio ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Ohio Supreme Court Registration Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Ohio Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Ohio Constitution Article II, Section 34a, and the Ohio Minimum Fair Wage Standards Act, Ohio Rev. Code Section 4111.01 et seq.
Please direct all further communications regarding this matter to our office.
I. OHIO-SPECIFIC LEGAL FRAMEWORK
A. Ohio Minimum Wage
Ohio's minimum wage is established by the Ohio Constitution and adjusted annually based on the Consumer Price Index:
- $10.65 per hour for employers with gross annual receipts over $385,000 (as of January 1, 2026)
- $7.25 per hour (federal minimum) for employers with gross receipts of $385,000 or less
Ohio Constitution, Article II, Section 34a; Ohio Rev. Code Section 4111.02.
Ohio allows a tip credit with a tipped minimum wage of $5.35 per hour (half the regular minimum wage), provided tips bring the employee to the full minimum wage. Ohio Rev. Code Section 4111.02.
B. Overtime Requirements
Ohio follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. Ohio Constitution, Article II, Section 34a. Ohio does not require daily overtime.
C. Meal and Rest Break Requirements
Ohio law does not mandate meal or rest breaks for adult employees. However:
- Minors under 18 must receive a 30-minute break for shifts of 5+ hours. Ohio Rev. Code Section 4109.07.
- If breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the Ohio Prompt Pay Act:
- Regular Pay Periods: Wages must be paid at least semi-monthly on regular paydays. Ohio Rev. Code Section 4113.15.
- Termination: All wages due must be paid on the first scheduled payday following termination, or within 15 days of termination, whichever occurs first. Ohio Rev. Code Section 4113.15.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Ohio minimum wage (constitutional) | 3 years | Ohio Constitution, Article II, Section 34a |
| Ohio contract claims | 6 years | Ohio Rev. Code Section 2305.06 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Ohio Constitutional Damages: Under Ohio Constitution, Article II, Section 34a, employees may recover:
- The unpaid wages; plus
- Liquidated damages equal to 2x the unpaid wages (making total recovery 3x); plus
- Reasonable attorney's fees and costs.
This makes Ohio one of the most employee-friendly wage jurisdictions for minimum wage violations.
G. Attorney's Fees
Both the FLSA and Ohio Constitution provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); Ohio Constitution, Article II, Section 34a.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Ohio wage and hour laws by:
- [ ] Failing to pay the minimum wage of $10.65 per hour required under Ohio Constitution
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination within 15 days
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Ohio Constitutional Minimum Wage Violations
[Company Short Name] violated Ohio's constitutional minimum wage requirement by [describe violation]. Ohio Constitution, Article II, Section 34a.
C. Ohio Prompt Pay Act Violations
[Company Short Name] violated the Ohio Prompt Pay Act by:
- [ ] Failing to pay wages on the established payday. Ohio Rev. Code Section 4113.15.
- [ ] Failing to pay all wages due within 15 days of termination. Ohio Rev. Code Section 4113.15.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. Liquidated Damages
Ohio Constitutional Liquidated Damages (for minimum wage violations): 2x unpaid wages: $[Amount]
FLSA Liquidated Damages (for overtime violations): Equal to unpaid wages: $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Ohio Liquidated Damages (2x for MW) | $[Amount] |
| FLSA Liquidated Damages (1x for OT) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a significant discount from our client's full exposure at trial, where liquidated damages of 2x unpaid wages are available for minimum wage violations under the Ohio Constitution.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Ohio Court of Common Pleas, [County] County, or United States District Court for the [Northern/Southern] District of Ohio.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Ohio Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Ohio Supreme Court Reg. No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)