We are wage and hour lawyers.
In plain English, we represent employees against employers who break wage laws.
Our Practice Areas
Settlement on behalf of 373 restaurant employees at Captain George's Seafood Restaurants
- Court approved 5/22/19
Settlement on behalf of 172 pizza delivery drivers at Domino's Franchise Stores in Southwest OH
- Court approved 1/18/19
Judgment in favor of six laborers at Central USA Wireless
- Judgment granted 9/29/19
Settlement on behalf of pizza delivery drivers at Cousin Vinny's Pizza in Ohio, Indiana, and Virginia
- Court approved 11/25/19
We are Ohio employment lawyers. We focus our employment law practice on what's called "wage and hour law" (see below to find out what "wage and hour law" is).
When employers break wage and hour laws, they usually underpay more than one employee. For that reason, we usually represent groups of employees in class actions and "collective actions" in lawsuits to recover stolen tip money, unpaid minimum and overtime wages, under-reimbursed expenses, and other withheld pay.
Courts have repeatedly stated these types of unpaid wage lawsuits are "inherently complex."
But that's where we thrive. We built our reputation for success by taking on complex wage and hour cases and winning for our clients.
We Empower Our Clients
Our law firm empowers our clients to stand up for themselves and their fellow workers. Our clients typically feel a great deal of pride in bringing a wage case that ends up recovering unpaid wages for their fellow co-workers.
And they should! Thanks to our clients standing up for others, we have recovered millions of dollars of unpaid wages for employees.
Two experienced wage and hour attorneys founded Biller & Kimble, LLC: Andrew Biller (right) and Andrew Kimble (left). Andrew Kimble heads the Cincinnati Office and Andrew Biller practices in Columbus. Together, they act as lead counsel in complex cases throughout the United States.
What is "wage and hour" law?
"Wage and hour law" is lawyer-speak for for the laws that cover employment basics like:
the minimum wage your employer must pay you
the maximum hours your employer can require you to work (without paying you overtime pay)
how much an employer has to pay you in overtime wages
when your employer has to pay you and how much
child labor rules
whether the employer has to pay men and women the same wages for the same work ("pay equality")
whether your employer has to provide you with breaks or how the employer must accommodate breastfeeding mothers
A federal law, called the Fair Labor Standards Act, covers most of these issues. Many states also have their own wage and hour laws. For example, Ohio has a constitutional amendment (Article II, Section 34a) that covers minimum wage and the employer's duties to keep records. Ohio also has laws that cover overtime and pay day rules.
Biller & Kimble LLC's wage and hour lawyers know how to navigate federal, state, and, if needed, even local laws to get the best result for our clients.
Common Wage and Hour Violations
Under-reimbursing delivery drivers for the use of their personal cars. According to the Department of Labor's Field Operations Handbook, employers (like pizza companies) must either (1) track and reimburse their drivers actual expenses or (2) reimburse the drivers at the IRS mileage rate (about $.58/mile). Many companies ignore this rule and pay a flat delivery rate instead.
Breaking the tipping rules. The Fair Labor Standards Act has very specific rules about tipping and tip pools. For example, employers must provide a notice to employees about the rules. And, employers cannot require tipped employees (like servers or bartenders) to share tips with non-tipped workers (like managers).
Breaking overtime rules. Employers break overtime rules in too many ways to list. Some common examples include misclassifying workers as "exempt" from overtime pay when they are not, miscalculating overtime pay (especially for tipped employees), and using a "comp" or compensatory time system.
Charging employees for uniforms or other "tools of the trade." Employers have to pay wages "free and clear." This means that employers can't charge employees to work. Most employers don't charge employees money, but, instead, will force employees to buy things to work - like uniform shirts or tools. When these charges drop someone below minimum wage in a week, there can be a violation.
Take back your wages.
So you figure out that your employer is breaking a wage law. Maybe you are a pizza delivery driver, and you are only being reimbursed $1.00 per delivery. Or maybe you are a server and your manager is taking some of your tip money.
No one wants to cause a fuss, especially at work. We get it.
But here's the hard truth: those nickels and dimes (or more!) that your employer shorts you go right to padding the company's bottom line. That's money that should be going to you and your family.
We can help you take back your wages. We represent employees in wage cases on a "contingency fee" basis. That means, we only get paid if we recover money for you. And most wage laws, like the Fair Labor Standards Act, let you collect attorney's fees from your company and additional money on top of your wages (often called "liquidated damages" or just "damages").
The FLSA and many state laws also prohibit employers from retaliating against you for bring a case or filing a complaint. You and your family deserve the money you earned and are entitled to under the law. Contact us today.