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Last updated on: March 20th, 2024

Hours & Pay Regulations

Normal Working Hours

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 employee shall not work more than 40 hours in a week.

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.

On-Call – An employee who is required to remain on call on the employer’s premises is working while on call.

An employee who is required to remain on call at home, or who is allowed to leave a message where they can be reached, is not working (in most cases) while on call. All actual work performed while on-call must be paid.

Lecture Meeting or Training Time – Participation in lectures, meetings, training sessions, and comparable events shall be considered part of the workday unless they fall outside regular hours. Time spent in such activities will not be included in working hours if they occur outside regular hours, are voluntary and unrelated to job duties, and no additional work is undertaken concurrently.


Employees will receive compensation if any of the following criteria are not fulfilled, ensuring they receive at least the minimum wage for all hours dedicated to the seminar.


Recording Requirement – Every employer shall make and keep for a period of not less than three years a record of the name, address, and occupation of each of the employer’s employees, the rate of pay, and the amount paid each pay period to each employee, the hours worked each day and each workweek by the employee, and other information as the director of commerce prescribes by rule as necessary or appropriate.


Records may be opened for inspection or copying by the director at any reasonable time.


Any work performed beyond 40 hours per week is considered overtime. Each week stands alone when computing overtime.


Pay – Employees shall be entitled to 1.5 times the regular rate of pay for overtime work performed.

‘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 mothers.


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

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.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Domestic Violence Victim Leave
No employer of a victim shall discharge, discipline, or otherwise retaliate against the victim, a member of the victim’s family, or a victim’s representative for participating, at the prosecutor’s request, in preparation for a criminal or delinquency proceeding or for attendance, pursuant to a subpoena, at a criminal or delinquency proceeding if the attendance is reasonably necessary to protect the interests of the victim. This section generally does not require an employer to pay an employee for time lost as a result of attendance at a criminal or delinquency proceeding. An employer who knowingly violates this section is in contempt of court.
Voting Leave
Employers may not discharge, or threaten to discharge or inflict any injury, harm or loss on, an employee for taking a reasonable amount of time to vote on election day.
Jury Duty Leave
No employer shall discharge or terminate from employment, threaten to discharge or terminate from employment, or otherwise punish or penalize any employee because of time lost from regular employment as a result of the employee’s attendance at any proceeding pursuant to a subpoena. This generally does not require and shall not be construed to require an employer to pay an employee for time lost as a result of attendance at any proceeding. However, if an employee is subpoenaed to appear at a proceeding under either chapter and the proceeding pertains to an offense against the employer or an offense involving the employee during the course of the employee’s employment, the employer shall not decrease or withhold the employee’s pay for any time lost as a result of compliance with the subpoena. Any employer who knowingly violates this section is in contempt of court.
Military Leave
In addition to USERRA, Ohio has laws providing protections for military service members as follows:
      • 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.
Military Family Leave
Employers with 50 or more employees must provide eligible employees with unpaid military family leave. To be eligible, an employee must:
        • 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.
Once per the calendar year, eligible employees may take up to 10 days or 80 hours, whichever is less, of military family leave. Employees must use up all other types of available leave, except sick leave or disability leave, before taking military family leave. Job protections apply to employees taking leave. Advance notice requirements apply, except when the family member’s injury, wound or hospitalization is critical or life-threatening.
Donor Leave
Full-time state employees are allowed 240 hours of paid leave for the donation of a kidney or portion of their liver. (§124.139).
Judicial Witness Leave
Employers cannot:
    • 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.
Maternity Leave

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.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.