Hours & Pay Regulations
Ohio’s laws do not specifically address when an employer must count an employee’s time as hours worked for purposes of its minimum wage and overtime requirements. Ohio does look for guidance from the regulations regarding what constitutes hours worked to set forth under the federal Fair Labor Standards Act.
An employer shall pay an employee for the overtime at a wage rate of one and one-half times the employee’s wage rate for hours in excess of 40 hours in one workweek.
Each week stands alone when computing overtime. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day.
Employers must pay employees overtime for all hours worked over 40 in a week. Overtime must be paid at 1.5 times an employee’s regular pay rate. ‘Pay rate’ means an employee’s annual base salary or other rates of pay by which the employee qualifies for exemption under the Fair Labor Standards Act or the state minimum wage law, but does not include bonuses, stock options, incentives, deferred compensation, or other similar forms of compensation.
Ohio labor laws require employers to provide employees under the age of eighteen (18) a 30-minute uninterrupted break when working more than five (5) consecutive hours. Ohio does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older except for nursing mother.
Ohio does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. An employer who chooses to provide a break in excess of twenty (20) minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact, takes their lunch or break, and the employee does not actually perform work.
Breast Feeding Law
A mother is entitled to breastfeed her baby in any location of a place of public accommodation wherein the mother is otherwise permitted. Ohio Rev. Code Ann. § 3781.55 (2005).
Annual Leave is given to the employee at the discretion of the employer. They are fringe benefits based on an agreement between the employer and employee.
Effective January 1, 2021, Ohio’s hourly minimum wage is $8.80.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
In addition, employees must work at a location where at least 50 employees are employed by the employer within 75 miles.
There are no general provisions regarding meal and rest breaks. Minors younger than age 18 must have at least one 30-minute break for every five consecutive hours of work. Break periods do not need to be included in calculation of the minor’s work hours.
- Reinstatement and employment rights for employees who are absent from work due to service in the U.S. uniformed services or Ohio organized militia; or
- Nondiscrimination requirements applicable to employers with four or more employees; or
- Continuation of health benefits for reservists, including National Guard members, called to active duty.
- Be the spouse, parent, legal guardian or former legal guardian of a person who is a member of the uniformed services and is (1) called into active duty for a period longer than 30 days, or (2) injured wounded or hospitalized while serving on active duty; and
- Have been employed by the same employer for at least 12 consecutive months, and must have worked at least 1,250 hours during the 12-month period immediately before the leave.
- Discharge, threaten to discharge or penalize employees who take time off from work because they are subpoenaed for juvenile delinquency, grand jury, or criminal proceedings.
- Discharge, discipline, or otherwise retaliate against crime victims, or their family members or representatives, for preparing for or attending a criminal or delinquency proceeding pursuant to a subpoena.
Nondiscrimination requirements apply to employers with four or more employees. Female employees of covered employers who are affected by childbirth, or related medical conditions must be treated the same for all employment-related purposes as other persons not affected by a pregnancy, but similar in their ability or inability to work.
Last updated on: December 24th, 2020