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Labor Law FAQs
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Labor Law FAQs

To file a minimum wage/unpaid wages complaint, carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009

The amount of time varies for each case.

Per Ohio Law, if you are a present employee at the time of your claim, your employer may not terminate your employment because you have filed a complaint.

Your complaint will be reviewed by the Bureau of Wage & Hour Administration, and if accepted, it will be assigned out to an investigator. If it's rejected, you will receive notice from the office letting you know that's it's been rejected.

The Bureau of Wage & Hour Administration only goes back two years when auditing records.

No, the State of Ohio has no requirements for the payment of holiday, vacation, or sick time.

The State of Ohio doesn't have any laws that requires notice of a schedule change.

You may be able to file a charge with the U.S. Equal Employment Opportunity Commission or the Ohio Civil Rights Commission.

Sick leave and vacation time is considered a fringe benefit and the Bureau of Wage & Hour Administration cannot enforce fringe benefits.

Sick leave is considered a fringe benefit and the Bureau of Wage & Hour Administration cannot enforce fringe benefits.

Please see the Internal Revenue Service (IRS) website for guidance on determining whether you are an employee or independent contractor.

Please contact the U.S. Department of Labor at 1-866-4-USA-DOL (1-866-487-2365) for questions about the Family and Medical Leave Act.

The Bureau of Wage & Hour Administration cannot enforce fringe benefits. Those matters need to be resolved privately.

You will need to pursue the matter privately, in small claims court.

The State of Ohio does not have any laws involving the requirement of breaks and or meal periods. Breaks are a mutually agreed upon arrangement between the employer and employee.

For a comprehensive breakdown of prohibited occupations for minors, view the State of Ohio's Minor Labor Laws poster .

14 and 15 year olds are required to obtain work permits at all times. 16 and 17 yr olds are required to obtain work permits when school is in session. During summer break, 16 and 17 year olds only need a Parent/Guardian Consent Form signed.

Minors who are employed by their parents in occupations other than occupations prohibited by rule adopted under this chapter are exempt from the minor labor laws.

Minors who have received a high school diploma or a certificate of attendance from an accredited secondary school, or a certificate of high school equivalence, are exempt from minor labor laws.

No employer shall give employment to a minor, without agreeing with him as to the wages or compensation he shall receive for each day, week, month, or year; or per piece, for work performed. The employer shall furnish the minor with written evidence of the agreement and, on or before each payday, with a statement of the earnings due and the amount to be paid to him.

No employer shall reduce the wages or compensation of any minor without giving him notice at least twenty-four hours previous to the reduction, at which time a written agreement shall be entered into with the minor as in the case of original employment

No employer shall retain or withhold from a minor in their employ the wages or compensation, or any part thereof, agreed to be paid and due the minor for work performed or services rendered because of presumed negligence or failure to comply with rules, breakage of machinery, or alleged incompetence to produce work or perform labor according to any standard of merit.

Employees 17 years of age may drive cars and small trucks on public roads as part of their jobs only in limited circumstances. 17 year-olds may drive on the job ONLY if all of the following requirements are met:

  1. The driving is limited to daylight hours;
  2. The 17 year-old holds a state license valid for the type of driving involved in the job performed;
  3. The 17 year-old has successfully completed a State approved driver education course and has no record of any moving violation at the time of hire;
  4. The automobile or truck is equipped with a seat belt for the driver and any passengers and the employer has instructed the youth that the seat belts must be used when driving the vehicle;
  5. The automobile or truck does not exceed 6,000 pounds gross vehicle weight; AND
  6. Such driving is only occasional and incidental to the 17 year-old's employment. This means that the youth may spend no more than 1/3 of the work time in any workday and no more than 20% of the work time in any workweek driving.

Unless you are specifically exempted from overtime, salaried employees are entitled to overtime compensation.

Yes, if your duties include the performance, either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver's helper, loader, or mechanic.

No, overtime is calculated after 40 hours worked in a week.

Overtime is required to be paid at 1½ for actual hours worked after 40 hours in a week. Holiday/Vacation/Sick time does not count as actual hours worked for overtime purposes.

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.

Only persons employed by a public/government agency are permitted to be paid comp time. All private sector employees must be paid 1½ for all overtime hours worked.

Yes, overtime is required to be paid at a rate of 1½ for all hours worked over 40 hours in a week

Overtime is required to be paid at a rate of 1½ for all hours worked over 40 hours in a week.

Carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009

Unless you are specifically exempted per statute, you are entitled to minimum wage and overtime compensation.

Yes, as long as you are making at least minimum wage for all hours worked. If it's being done for overtime purposes you will need to contact the Bureau of Wage & Hour Administration to see if it's a potential violation.

You maybe entitled to damages per the discretion of the Chief of the Bureau of Wage & Hour Administration.

If the pre-employment training is required, then yes, the employee must be paid at least minimum wage for all training hours.

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 he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated. Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."

Any deductions from pay can only be made as long as it does not take the employee below minimum wage for all hours worked in the week.

Yes, as long as the deduction does not take the employee below minimum wage for the hours worked in the week.

Deductions from pay are permissible when an exempt employee:

  • is absent from work for one or more full days for personal reasons other than sickness or disability;
  • for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness.

The Bureau of Wage & Hour Adminstration does not have any authority to collect those fringe benefits. You should puruse those matters privately.

Yes, you can either contact a Bureau of Wage & Hour Investigator at (614) 644-2239 to review your situation or you can file a minimum wage complaint to see if you have a claim.

The Director of the Department of Commerce annually adjusts the wage rate as specified in Section 34a of Article II, Ohio Constitution.

The current minimum wage is $8.30 an hour and $4.15 an hour for tipped employees. For tipped employees, he $4.15hr plus the total amount of tips received in the week must equal at least $8.30 an hour for all hours worked.

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 he/she can be reached, is not working (in most cases) while on call.

Additional constraints on the employee's freedom could require this time to be compensated.

No, the State of Ohio requires employers to pay at least minimum wage for all hours worked and overtime is required for all hours worked over 40 hours in week.

No, the State of Ohio requires employers to pay at least minimum wage for all hours worked.

It is only a violation if that deduction takes you below minimum wage for the week or it's done to avoid paying overtime after 40 hours.

The State of Ohio has no laws pertaining to the amount of hours or days worked in a week. We only require that you are paid at least minimum wage for all hours worked and that you received 1½ for all hours worked over 40 hours in a week.

Carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009

We will make an attempt to collect at least minimum wage for the hours owed.

You will need to pursue any amounts above minimum wage privately by hiring an attorney or going through Small Claims Court.

No, the State of Ohio requires employers to pay at least minimum wage for all hours worked.

Employers are only permitted to make deductions from an employee's pay as long as it does not take them below minimum wage for the hours worked for the week.

Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

If any one of the four criteria is not met, then compensation is required of at least minimum wage for all hours spent at the seminar.

Reimbursement for mileage is not required, but the actual travel time may have to be counted as time worked and paid at a rate of not less than minimum wage if the seminar does not meet any the four criteria listed above.

Any required training is considered time worked and must be paid at no less than the minimum wage.

For answers to any questions regarding Ohio's labor law and unpaid wages, contact the Bureau of Wage & Hour Administration at (614) 644-2239.

Per Section 4113.15 of the Ohio Revised Code, an employer must pay employees at least twice per month.

Example: All hours worked from the 1st to the 15th of month must be paid by the 1st of the following month. All hours worked from the 16th to the end of the month must be paid by the 15th of the following month.

If you have not received your final paycheck, carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009

If a paycheck from your employer bounced, carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009

If a minor is homeschooled and wishes to obtain a work permit, the child's parent or guardian can fill out the Application for Minor Work Permit and have it signed by the school district within which the child resides.

To report a business for wage theft, carefully read and complete the minimum wage complaint form and mail to:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, OH 43068-9009