White Paper

Ohio Minimum Wage Constitutional Provisions and Overtime Requirements

 
“The minimum wage in Ohio is $8.10. However, if an employee is under the age of 16 and the business only grosses annually $297,000 or less, then the employer may pay at the minimum wage established by the Fair Labor Standards Act (29 U.S.C. § 201 et. seq.) (FLSA).

The employer should not terminate, in any other manner discriminate, or retaliate against an employee for exercising rights under the Ohio Minimum Wage Amendment or any law or regulation applying its provisions. Additionally, the employer is prohibited from discriminating, terminating, or retaliating against any person assisting an employee.

Employers are also tasked with maintaining a “record of the name, address, occupation, pay rate, hours worked for each day worked and each amount paid an employee for a period of not less than three years following the last date the employee was employed.” This information should be provided for free to the employee.

The statute of limitations is three years for a violation or three years after a continuous violation has ended. There is an additional one year given after the employee is notified of a final disposition by the state of a complaint for the same violation. The court will apply the statute of limitations that runs the latest.”

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Our author, Paul L. Bittner, is a partner and vice chair of Ice Miller LLP’s Labor and Employment Group. He practices in labor and employment law. He achieved the highest rating in the Martindale-Hubbell Law Directory. Mr. Bittner is a member of the Wage and Hour Defense Institute, providing counsel to employers on all aspects of wage and hour compliance.