Ohio Labor Laws

In the US, the Fair Labor Standards Act (FLSA) establishes laws that ensure workers are compensated fairly for their time and effort in the workplace and protect them from abuse and exploitation by employers. 

As compared to the FLSA, Ohio’s employment laws set a higher minimum wage requirement for all employees in the state. A brief overview of the state’s minimum wage, overtime and break provisions is as follows: 

Employers who contravene federal and state time management laws face severe legal ramifications, including fines, back pay, and damages. Any employee who believes that their employer has violated their rights can file a wage complaint with the Ohio Department of Commerce, Bureau of Wage and Hour Administration for investigation and legal action.

Ohio employees have the right to a fair hiring process under the Ohio Civil Rights Act. Discrimination based on race or color, religion, national origin and ancestry, sex (including pregnancy, sexual orientation, and gender identity), age, military status, or disability is prohibited. Therefore, Ohio employers are not allowed to refuse to hire or treat job applicants or employees differently based on any of these characteristics.

In 2017, Ohio approved the implementation of the “Ban-the-box” law to promote fairness during the hiring process. This law aims to promote equal opportunities by preventing questions about past arrests that didn’t lead to any conviction during job applications. Additionally, it delays background checks in certain circumstances.

Ohio also follows the at-will employment policy, which allows an employer or employee to end an employment contract at any time and for any reason, without legal repercussions, However, employees cannot be terminated at will if their termination is in violation of public policy, an implied contract, or a promise of employment made by the employer. 

After an employee is terminated or resigns, final wages in Ohio must be paid within 15 days from the date of termination or the next payroll date, whichever is earlier.

Some important regulations that also affect employment relationships in Ohio include but are not limited to:

• Health Insurance Continuation Laws: In Ohio, the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees and their dependents to continue their health insurance plan after a significant life event such as job termination, divorce, or illness may choose to continue their group health insurance benefits. Coverage can be extended for 18 to 36 months and employees may have to pay 102% of the cost of the plan as a coverage premium under COBRA. However, COBRA insurance can only be offered by employers with 20 or more employees.  Smaller employers can offer health insurance continuation similar to the federal COBRA with the Ohio Mini-COBRA to eligible employees and their dependents for up to 12 months.  
• OSHA Law – The Occupational Health and Safety Administration (OSHA) is responsible for enforcing workplace health and safety standards at the federal level. They conduct routine inspections to ensure compliance. Additionally, Ohio has its own agency, the Public Employment Risk Reduction Program (PERRP), which focuses on workplace safety for public employees. PERRP provides inspections and consultations to mitigate imminent risks.
• Ban-the-Box Law – In 2017, Ohio approved the implementation of the “Ban-the-box” law to promote fairness during the hiring process. This law aims to promote equal opportunities by preventing questions about past arrests that didn’t lead to any conviction during job applications. Additionally, it delays background checks in certain circumstances.
• Whistleblower Protection Laws – In Ohio, there’s a law that safeguards employees who report violations of state or federal regulations in the workplace. Employers cannot take any action, including termination or intimidation, against whistleblowers acting in good faith. Nonetheless, the whistleblower must meet certain requirements. They must first alert their supervisor in writing or verbally about the violation. If there’s no corrective measure taken, the employee can contact officials such as the prosecuting attorney or inspector general. However, if there’s an immediate dangerous situation or criminal offense, the employee can directly contact public authorities.
• Background Check Laws – Ohio employers must provide written notice to employees before collecting pre-employment data and should adhere to regulations outlined in the Fair Credit Reporting Act (FCRA). Ohio’s “Ban-the-box” law bars employers from inquiring about criminal history during initial applications, but some roles require background checks, such as child care and school staff, adult care providers, home health agency workers, and staff assisting persons with disabilities.
• Social Media Policy – Ohio employees should be aware that their Internet activity on company-issued devices may be monitored. It is also important to note that using social networking websites during working hours without permission from the employer is prohibited. Even when off-duty, Internet usage may not be considered private since it can be seen by others. Employees should refrain from posting pictures in their work attire, posting unlawful content, sharing false information about their employer or colleagues, or discussing work-related assignments.
• Drug and Alcohol Testing Laws – Ohio does not have any regulations in place for how private employers can conduct drug and alcohol testing. But, workers who are employed by the State must participate in drug and alcohol testing under two circumstances: if the employer has a legitimate reason for testing and if an employee is being hired for a new position.
• Recordkeeping Laws – Ohio state law mandates that employers maintain precise and durable employee records which include the workers’ personal information such as name, address and social security number. These records should further highlight the employee’s earnings per pay period including gross earnings exclusive of deductions as well as the date and amount of wages paid. The said records must also include the dates of hiring, rehiring, layoff or termination, along with absences, type of service provided, and other compensation excluding wages. It is essential that these records be preserved for a minimum of five years and be accessible for inspection at any time.

A minimum wage is the lowest amount of remuneration an employer must pay an employee for work performed in a certain period of time. This amount cannot be further reduced with mutual bargaining between employer and employee. 

As of January 1, 2025, wage laws in Ohio require employers to pay workers a minimum pay of at least $10.70 per hour. However, businesses that earn less than $394,000 in gross income are covered by federal law and must pay their employees at least $7.25 per hour.

Minors under the age of 16 are also entitled to earn at least $7.25 per hour.

An employee who earns more than $30 monthly in tips is categorized as a tipped employee in Ohio. Employers in Ohio can take tip credit and pay tipped workers a reduced minimum cash wage of $5.35 per hour. 

However, employers must ensure that their tipped worker’s cash wage and tip combined equal the state’s minimum wage.

According the Ohio employment law, the following occupations in Ohio are exempt from the minimum wage provisions:

• Employees of the United States
• Babysitters or live-in companions for the sick or elderly, whose main duties exclude housekeeping
• Executives, administrators, and professionals earning at least $1.128 weekly
• Computer professionals who earn at least $27.63 per hour
• Outside salespeople
• Volunteers for public agencies 
• Individuals providing unpaid charitable services at hospitals or health institutions
• Employees of non-profit camps or recreational areas for children under 18
• Family members working in a family-owned and operated business

Physically or mentally disabled workers can be paid subminimum wages following the policies set forth by the Director of the Ohio Department of Commerce.

Ohio employers are required to pay employees for work completed in the first 15 days of the previous month on or before the first day of the current calendar month. Payments for work completed from the 16th to the last day of the previous month must be paid on or before the 15th day of the current calendar month. However, employers are still allowed to pay wages daily or weekly if they choose to do so.

Under Ohio’s overtime laws, any employee who works more than 40 hours in a workweek is entitled to earn overtime wages. This additional wage is calculated at 1.5 times the employee’s hourly pay rate for all hours worked as overtime.

The Ohio Senate recently passed a bill, effective from July 6, 2022, that exempts certain occupations from overtime requirements. This includes:

• Employees of businesses earning less than $150,000 in yearly gross sales
• Agricultural workers
• Casual babysitters
• Live-in caretakers
• Recreational camp staff
• Public employees
• Administrative, professional, or executive employees

In Ohio, employers are not mandated by federal or state law to offer their employees lunch breaks or rest periods during their work hours. However, if an employer decides to provide such breaks, they must relieve their employees of all duties while they are on an unpaid break, and if the breaks are under 20 minutes, they should be paid at the same hourly rate.

The state of Ohio obligates employers to provide breaks for underage employees. The law specifies that minors working continuously for 5 hours or more must receive a minimum of 30 minutes for meal or rest time.

The United States’ FLSA laws mandate that employers provide nursing mothers with reasonable break time and appropriate facilities in which they can express their breast milk. Adequate facilities that accommodate their needs should be provided, but not restrooms or toilet stalls. Following childbirth, this right extends for up to a year.

• Family and Medical Leave: Under the federal Family and Medical Leave Act, employees in Ohio can take up to 12 weeks of unpaid leave to recover from illness or care for a family member in a similar situation. FMLA leave can also be used to bond with a child after childbirth or for the adoption or foster care placement of a child. To qualify for FMLA leave,  an employer must have worked for an employer for at least 12 months for at least 1,250 hours.
• Jury Duty Leave: Employers in Ohio are prohibited from threatening, retaliating, or discharging an employee who takes leave to attend jury duty. Employees can also not be forced to use their annual, vacation or sick leave for attending jury service.   Jury duty leave in Ohio is not paid. However, employees are required to provide advance notice before taking leave.
• Emergency Response Leave – Ohio State employees who volunteer as firefighters or EMS providers are eligible for emergency response leave without facing any negative consequences. However, they must adhere to certain rules before requesting leave, such as providing proof of certification and notifying their employer in advance of their absence. If circumstances prevent them from doing so, they must provide a written explanation from their chief of emergency services. Moreover, the employer can subtract any hours missed due to emergency response from the employee’s total wages.
• Military Leave – According to USERRA law, members of the uniformed services can take unpaid military leave and still receive full seniority credit during their deployment – as long as their active military service is under 5 years, their military discharge is not dishonorable, and they give their employer notice of their military service. Additionally, they must return to work in a timely manner. After deployment, they can return to their previous position with the same benefits and seniority level.
• Family Military Leave – Ohio law grants the parent, spouse, or legal custodian of a uniformed services member the option to take up to 10 days or 80 hours of unpaid family military leave when the family member is called to active duty, injured, or hospitalized during deployment. To qualify for this leave, the employee must provide written notice, meet certain length-of-service and hours-worked requirements, and exhaust all other available leave options except for sick or disability leave. Upon returning from this leave, the employee is entitled to all benefits that were in place prior to the family medical leave.
• Leave for Victims of Crime – In Ohio, employees who have experienced domestic violence can take time off work to attend various court proceedings related to their case, such as criminal case court preparations, grand jury appearances or criminal proceedings where they have been subpoenaed to testify. However, during the absence, the employer may withhold pay unless the criminal proceedings were a result of injuries suffered at work.
• Bereavement Leave (Public Employees) – As per the State policy, public servants can take a maximum of three days off from work with pay when they lose an immediate family member.
• Vacation and Holiday Leave (Public Employees) – Employees who work full-time can enjoy paid vacation days as part of their benefits package. After one year of service, employees are granted 80 hours of paid vacation time. Depending on the number of years served, employees may also receive additional vacation days. For instance, after 8 years of service, an employee can earn 120 hours of vacation time, while after 15 years, they can receive 160 hours, and after 25 years, they can get 200 hours. Furthermore, State employees can take advantage of paid leave on public holidays.
• Voting Time Leave – It’s good to know that Ohio employers are unable to impede their workers’ voting rights. This indicates that they are required to offer a reasonable amount of time off for employees seeking to participate in the electoral process.

Given below is a list of public holidays that will be observed in Ohio in 2025:

Learn more in detail about Ohio Leave Laws.

Ohio Child Labor Laws

Learn more in detail about Ohio Child Labor Laws.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

100% FREE Time Tracking for Unlimited Users!

Jibble is your all-in-one solution for time tracking, attendance, project tracking and more.

Create an account and take the hassle out of time tracking - it's FREE forever for unlimited users!

Start Now 👋 Book Demo

X

Don't waste another minute! Jibble is FREE forever.

Get jibbling with the ultimate time tracking software...

Track time now - it's FREE!