Guide to Ohio Labor Laws

Ohio labor laws establish standards to ensure employees are treated fairly by their employers. Ohio employment laws regulate minimum wage, overtime, and other essential worker rights.

Is There a Difference Between Part-Time and Full-Time in Ohio?

In Ohio, the distinction between part-time and full-time employment primarily hinges on company policy and the specific conditions of employment set between the employer and the employee. However, the number of hours worked can affect eligibility for benefits and overtime.

What Is Ohio’s Minimum Wage?

According to the Ohio Department of Commerce Bureau of Wage and Hour Administration, Ohio’s minimum wage is established in state law and varies depending on the employer’s annual gross receipts and the employee’s age. For 2023, the minimum wage rates are as follows:

• For employers earning $372,000 or more per year in gross receipts, the minimum wage is $10.10 per hour for employees at least 16 years old.
• For employers earning less than $372,000 in annual gross receipts, the minimum wage is $7.25 per hour, the same as the federal minimum wage.
• For tipped employees, the minimum wage is $5.05 per hour plus tips, as long as the tips and the hourly wage add up to at least $10.10 per hour.
• The minimum wage for employees under 16 years old is $7.25 per hour, regardless of the employer’s gross receipts.

How Does Overtime Work in Ohio?

Ohio overtime laws align with the Fair Labor Standards Act (FLSA). Employees are entitled to Ohio overtime pay at 1.5 times their regular rate for any hours worked beyond 40. This rule has certain exemptions, primarily based on job type and duties.

Here are some of the commonly exempted categories based on job type and duties:

• Executive Exemption: This typically applies to managers or supervisors who manage a department or subdivision of the business. They must regularly supervise at least two full-time employees (or equivalent) and have the authority to hire or fire employees.
• Administrative Exemption: Employees who perform non-manual work related to the management or business operations of the company and who regularly exercise discretion and independent judgment in their jobs may be exempt.
• Professional Exemption: This includes two subcategories:
  • Learned Professionals: Employees whose work requires advanced knowledge in science or learning, typically acquired through prolonged specialized intellectual instruction. Examples include lawyers, doctors, architects, and engineers.
  • Creative Professionals: Employees whose work requires invention, imagination, originality, or talent in recognized fields of artistic or creative endeavor.
• Computer Employee Exemption: IT professionals such as systems analysts, computer programmers, software engineers, or similarly skilled workers in the computer field are often exempt, provided they meet certain salary and job duty requirements.
• Outside Sales Exemption: Employees who make sales or obtain orders away from the employer’s place of business might be exempt from overtime requirements.
• Highly Compensated Workers: Employees who earn a total annual compensation above a certain threshold (as defined by the FLSA) and who perform office or non-manual work may be exempt if they also perform at least one of the duties of an exempt executive, administrative, or professional employee.
• Certain Industries and Jobs: Some specific types of jobs or industries have distinct exemptions or alternate rules. For example, certain transportation workers, agricultural workers, and some seasonal employees may have different overtime requirements or exemptions.

Notably, merely being paid or holding a specific job title does not automatically exempt an employee from overtime. The job duties and responsibilities must meet specific criteria set by the FLSA and Ohio state laws. Employers must also follow federal and state laws, as stricter standards typically apply where differences exist. If there’s any doubt or confusion, consulting with an employment attorney is always recommended.

Ohio Health Benefits

Employers in Ohio are not mandated by state law to provide health insurance. However, under the Affordable Care Act, employers with 50 or more full-time employees may be obligated to provide health insurance or face potential penalties.

However, under the federal ACA, employers with 50 or more full-time equivalent (FTE) employees may be penalized if they do not offer affordable and adequate health insurance to at least 95% of their full-time employees and their dependents.

The penalty is triggered if at least one full-time employee receives a premium tax credit or cost-sharing reduction through the Health Insurance Marketplace. The penalty for 2023 is $2,700 per full-time employee (minus the first 30) if no coverage is offered or $4,060 per full-time employee who receives a subsidy if the coverage offered is not affordable or adequate. Therefore, employers with 50 or more FTE employees should carefully evaluate their options and obligations under the ACA.

Is Discrimination Illegal in Ohio?

Yes, discrimination is illegal in Ohio. Ohio discrimination laws prohibit employers from discriminating based on race, color, religion, sex, military status, national origin, disability, age, or ancestry. This applies to all employment practices, from hiring to termination.

Race

This refers to treating an individual unfavorably due to their race or personal characteristics associated with race. Examples include making employment decisions based on skin color or racial characteristics like facial features and hair texture. Discrimination can also target someone because of their association with a racial group or someone of a particular race.

Color

Discrimination based on color refers to the shading of one’s skin. This means that people of the same race can discriminate against each other based on the lightness or darkness of their skin color.

Religion

This involves treating employees unfavorably due to religious beliefs, practices, or affiliations. It can also refer to failing to provide reasonable accommodations for an employee’s religious practices, such as prayer breaks or wearing specific religious garments.

Sex

Sex discrimination pertains to treating someone unfavorably because of their gender. This can encompass a broad range of issues, from unequal pay for the same job to sexual harassment in the workplace.

Military Status

Ohio law prohibits employers from discriminating against members of the armed services or veterans. For example, a returning service member should not face disadvantages in their career progression due to their military service.

National Origin

Discriminating against someone because they are from a particular country or part of the world or because of their accent or ethnicity is prohibited. This also covers employees who appear to be of a certain ethnic background, regardless of their actual origin.

Disability

Employers must provide reasonable accommodations to employees with disabilities unless doing so would cause significant difficulty or expense. Discrimination in this context can include not hiring, firing, or mistreating someone because of their physical or mental disability.

Age

In Ohio, it’s illegal to discriminate against someone due to their age, particularly those who are 40 or older. This ensures older employees are not passed over for job opportunities, promotions, or benefits simply because of their age.

Ancestry

Discrimination based on ancestry relates to one’s lineage or descent. This could manifest as treating someone differently due to their family’s historical roots or the region of the world their ancestors come from.

How Does Time Off Work in Ohio?

Ohio does not mandate employees paid vacation, sick days, or holidays. However, if an employer chooses to provide these benefits, they must adhere to the employment contract or company policy terms.

What Should I Do if My Employer Has Not Paid Me in Ohio?

If an employer has not paid you as promised, you can file a wage claim with the Ohio Department of Commerce’s Division of Industrial Compliance. Retaining all relevant documents, such as pay stubs and employment contracts, is also recommended to support your claim.

Where Can I Find an Employment Lawyer to Help Me?

If you believe your employment rights have been violated, get legal advice. Find an Ohio labor lawyer through LegalMatch. Our platform can connect you with experienced attorneys in your area.