labor lawAdivision of labor law center

The state Department of Commerce recently announced that the 2010 Ohio minimum wage will remain at $7.30 per hour.  

 

This is good news for employers across Ohio, who had been bracing for another annual increase on January 1, 2010. Under an amendment to the constitution passed by voters in November 2006, the Ohio minimum wage will increases each year on January 1.

 

However, the Ohio minimum wage increase is based on inflation for the previous year – specifically, it is based on the Consumer Price Index or CPI for urban wage earners and clerical workers for the 12-month period ending August 31. So the 2010 Ohio minimum wage is based on the CPI for September 2008 through August 2009.

 

During that period, the CPI declined by 0.2%. By law the Ohio minimum wage cannot be reduced, but it will not be increased in 2010, either.

 

The Ohio minimum wage applies to employers with annual revenue of more than $267,000. Employers grossing less than $267,000 per year can pay just $7.25 per hour – an amount equal to the federal minimum wage. The minimum wage for employees who are 14 or 15 years old is also $7.25 per hour.

 

The Ohio tipped minimum wage remains at $3.65 per hour. Under state law, if the employee’s tips plus wages don’t average $7.30 per hour, the employer must pay the difference.

 

Most disabled employees in Ohio are entitled to the full minimum wage. However, some handicapped individuals with limited earning capacity can be paid less if the employer holds a permit from the Director of the Ohio Department of Commerce. Usually these permits are issued to sheltered workshops and one-the-job training for disabled employees, including the developmentally disabled.

 

Under state law, employees must be paid on or before the 15^th and 30^th day of each month.

 

Both state and federal law require that Ohio employees be paid overtime when they work more than 40 hours in the payroll period.

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