Ohio Labor Laws

August 23rd, 2006 Posted by Sarah

Recently, I’ve been researching the labor laws of various states. I’ve found that the Ohio labor laws cover quite a variety of topics including child labor regulations, wage and hour laws, anti-discrimination provisions, prevailing wages for public works project employees, safety regulations, unemployment compensation, and workers’ compensation.

Child labor laws are one important part of the Ohio labor laws. In the state of Ohio, a work permit must be issued to any minor under 18 before they may work at a job. This requirement is waived during the summer months for 16 and 17 year olds, but proof of age and a signed “permission to work” statement from the minor’s parents must still be on file. All minors must be given a break of 30 minutes when they have worked five hours or more consecutively. The Ohio Labor Law also regulates the work hours and permitted occupations for minors of various ages,

Like many states, Ohio’s labor laws provide for workers’ compensation and unemployment compensation programs. Workers’ compensation is designed to help pay the medical bills as well as some lost wages for workers who are injured on the job. Unemployment compensation is designed to give financial assistance to workers who involuntarily lose their jobs.

Another interesting labor law in Ohio is the Prevailing Wage law. This law mandates that employees on public works construction projects be paid a minimum hourly rate set by the state government. This helps ensure greater fairness in the process of various contractors bidding on state projects.

Finally, the subject of wage payment is a topic of interest to many people. Ohio has a state minimum wage equal to that of the federal minimum wage, which is currently $5.15 per hour. Employees who receive gratuities may be paid as little as $2.13 per hour, but their total hourly wages combined with tips must still be equal to or greater than the minimum wage. Under Ohio labor law, wages in the state must generally be paid at least twice per month. However, if a written agreement to do otherwise exists between an employer and employees, this provision may be waived.

The Ohio Complete Labor Law Poster contains a helpful listing of all the applicable federal and state laws on this topic.

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Posted in Compliance Issues, Employer Requirements, Labor Law Regulations, Ohio

  1. Posted by: Rachel

    I’m 14 and I’m looking for a job so I can pay for things. I was wondering if I could get a job at like a fast food resturant or resturant of some sort. I’d also like to work in an Animal Hospital. Can you tell me if I can even work at these jobs yet?

  2. Posted by: Amelia

    Hi Rachel!
    For complete answers to all your HR questions, please post them on our sister site at http://www.laborlawtalk.com. Thanks for reading, and best of luck with the job search! Amelia

  3. Posted by: Chasity

    My 17 year old daughter has been working for McDonalds for a year. Her Managers are very rude to the teenagers. She worked one day last week for 7 hours and NEVER a break. When my daughter ask for a rest room break the manager said, “Am I suppose to stop serving customers because you have to pee”. I called Corporate and no response. What do I do?

  4. Posted by: Amelia

    Hi Chasity! For complete answers to all your HR questions, please post them on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blog! Amelia

  5. Posted by: Dave

    First, I have tried Laborlawtalk.com, I registered yestterday. For some reason I am not able to post to the board it keeps saying that I have not been given permission .

    I work construction in Ohio. I am an HVAC insulator. My question pertains to the delivering of Material or supplies to the job site. On Many occasions my Boss will bring material to my house for me to bring to the job site. Sometimes it is not a big deal, but sometimes he brings so much insulation that my whole car is full. The trunk, back seat, and front seat. My question is. Does he need to compensate me for driving the material to the Job Site? I am non-Exempt and non-union. This is my personal vehicle.

    Also have another question very similar. Sometimes on my way home from work he tells me to meet him off the highway to give me material to deliver to the job site the next day. Does he need to pay me for this?

    Also if you know where I can find the documentation to support this would you please let me know.

    Any help would be greatly appreciated

  6. Posted by: Amelia

    Hi Dave! Sorry to hear you are having a problem with http://www.laborlawtalk.com. Try it again tomorrow — I do know the site has been very busy lately.

    But, I’ll try to address your concerns here. The second question is actually easier. Under the federal FLSA or Fair Labor Standards Act, when an employee must travel from the jobsite to another location to pick up or drop off materials, that trip is considered work time. So if you transport materials from the job site to location A, your boss must pay you for that drive. He is not obligated to pay you for driving from location A to your home, afterwards. The same is true if you are picking up materials in the morning.

    The first question is more problematic. As you know, if you were driving to an office to pick up the materials, you would be entitled to payment once you reached the office. Since the materials are being dropped off at your home, that’s harder to determine. In some cases, an employee who is transporting materials, supplies, equipment or other workers is entitled to payment. The only way to know for sure, is to consult the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov. They are the federal agency that enforces this law.

    HTH, and thanks for reading the blogs!~Amelia

  7. Posted by: Marie

    At my place of employment (a non-union business employing around 250 people in Lorain County, Ohio) management keeps telling us that we are required by law to take a lunch break. THis is very inconvenient for some of us and damaging to our productivity…is it REALLY the law?

  8. Posted by: Amelia

    Um, no. Neither federal not Ohio law requires meal breaks for employees in general industry. (OSHA does require breaks for workers in certain occupations, such as airline pilots.)

    Nineteen U.S. states have laws requiring meal breaks, but Ohio is not one of them.

    However, an Ohio employer can make a meal break mandatory, and fire any employee who does not take one. Many employers correctly figure that employees are eating snacks and wasting a half-hour daily, anyway. So they resent paying for that time.

    Many large employers require workers to take breaks because it significantly reduces payroll. For 250 employees, a half-hour break per day saves 125 payroll hours per work day, or 625 hours in a 5-day week. That’s more than 32,500 payroll hours per year. Even at the minimum wage, that’s $212,875 per year,

    Here’s another way to look at it: suppose the employer permitted everyone to work through their meal breaks. They would have to lay off 15 or 16 employees, to stay within their payroll budget for the year.

    In our mailbag, for every question like yours, we receive two or three from employees who are required to work 8, 10 or 12 hours (or even more) every day without a break of any kind. So we would say, “count your blessings.” If you post your question on our sister site at http://www.laborlawtalk.com, you may find more sympathy over there. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Melissa

    I have a question about being on-call. I work for a nursing home and share an on-call rotation with 4 other nurses. We are required to be on-call for an entire weekend, after working our 40 hours. We use our personal phones as the contact numbers, using cell minutes if needed. We must stay sober, rested and ready to go to work at any time that a nurse either calls in for a shift or has to leave the facility for an emergency. We are also responsible to replace nursing assistants or nurses, if able, for open shifts during our “on-call” time, if needed. Needless to say, we must stay in town. We are not reimbursed for anything at this time, other than the time we actually work; meaning, the time we punch the timeclock, in and out. It seems as though we should receive some other compensation. Please advise!

  10. Posted by: Amelia

    Hi Melissa! This is a complex question. The short answer is, as long as you are free to be off the property and engaged in your own pursuits, you probably need not be paid for on-call time. Drinking and going out of town do not have to be two of the pursuits available, for this to apply. For a complete answer, post it on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Melissa

    My 17 yr old was working for Aryb’s and was treated very badly by a shift leader so she walked out and quit. When she went to get her last paycheck they would not give it to her, said she would have to sign a paper saying she was terminated and wouuld never apply at Arby’s again. Can they legally do this?
    Also they had her and other underage school kids working there without work permits. Is this also legal?

  12. Posted by: Amelia

    Hi Melissa! Every employer in Ohio must have a work permit on file for each employee 14 through 17 years of age. So, yes, the employer was breaking the law, and apparently still is.

    The employer can ask your daughter to sign a disciplinary notice that says she was terminated. (It is not clear why they would want to do so, since they might end up paying unemployment.) It is fairly routine for an employer to terminate (fire) anyone who walks off the job. With or without her signature, they can make her non-rehirable, meaning that franchise or ownership company will not hire her again. They cannot speak for all Arby’s everywhere, and even if she agreed to never be employed at one, they cannot enforce it.

    The employer cannot withhold the employee’s final paycheck. Your daughter should contact the Ohio Department of Commerce regarding her final paycheck and the work permit violations. She can also contact the U.S. Department of Labor, Wage and Hour Division, regarding her final paycheck. For more info, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Aaron

    I am a firefighter working for a part time department. We work 12 hour shifts and were told the other day by our trustees that we are not to leave to get our lunch any more. My question is, can they do this. they stated that we can bring our own food in a cook it here. I just needed to know if the law is diffrent for public employees. Thank you in advance for your help!

  14. Posted by: Amelia

    Hi Aaron! Both public and private employers can require that employees remain on the premises during breaks, even an unpaid lunch break. I will add that 99% of fire departments require that employees eat on the premises. (There is an exception to this law in California, but it looks like you are in Ohio, so that exception does not apply to you.) HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: bob

    can i work at a fast food restaurent if i am 14 years old

  16. Posted by: Amelia

    Hi bob! That depends upon your duties. You would be able to clean tables, take orders and make change in a fast food restaurant, but not operate kitchen equipment. Many fast food chains will not hire an employee so young, because their insurance policies prevent it. You are more likely to be hired if in a grocery story bagging groceries, or for simple office work like filing. And, there are always the standbys for young people: babysitting, walking dogs, pet care, errands, lawn work, assisting older people with chores, delivering papers, tutoring other students, and helping grownups with computers or social networking sites like Facebook and Twitter. Our suggestion is that you print up some flyers listing the service you are offering, and post them in a pet store, library or grocery store. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: greg

    Can a company schedule you to work an 12 hour shift, and then make you report back to work in 4 hours? Question how many hours between an 8 or 12 hour shift, must be allowed for the employee to sleep.

  18. Posted by: Amelia

    Hi greg! Sorry, but for employees in general industry, there is no law that requires the employee be permitted enough time to sleep between shifts. A few states have such a law — Ohio does not. In a few industries, various federal agencies regulate this. For example, truck drivers or airline pilots must be permitted a set number of hours between shifts to sleep, because public safety depends upon it. But there is no such regulation for most businesses. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Sarah

    I know that Ohio does not have a law requiring breaks and it is up to the indivdual employer. I work a job where many shifts are unsupervised and we are not allowed to leave the building. Can they force us to remain on the property during an unpaid break?

  20. Posted by: Amelia

    Hi Sarah! Yes, the Ohio employer can require that employees remain on the premises on an unpaid break. Any employee who does not can be disciplined or terminated. In every state except California, an employer can require that an employee remain on the premises during an unpaid meal break. As long as the employee is relieved of duties, they need not be paid for this break. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: Cara

    If you work for a company that requires you to wear a uniform shirt, are they required to pay for that or is the employee?

  22. Posted by: Amelia

    Hi Cara! In Ohio, the employer can make a deduction from wages for a uniform. Under federal law, however, that deduction cannot result in the employee earning less than the minimum wage, or less than the federal minimum wage x 1.5 for overtime. Suppose Ted makes $7.25 per hour, while Sarah makes $10 per hour. Sarah’s employer can make a deduction to her wages for a uniform, while Ted’s cannot. (Assuming that the employer does at least $500,000 in annual sales, to be covered by the federal FLSA.) HTH, and thanks for reading the blogs!~ Amelia

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