reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.07 | Restrictions on Hours of Employment.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) No person under sixteen years of age shall be employed:
(1) During school hours except where specifically permitted by this chapter;
(2) Before seven a.m.;
(3) After nine p.m. from the first day of June to the first day of September or during any school holiday of five school days or more duration, or after seven p.m. at any other time;
(4) For more than three hours a day in any school day;
(5) For more than eighteen hours in any week while school is in session;
(6) For more than eight hours in any day which is not a school day;
(7) For more than forty hours in any week that school is not in session.
(B) No person under sixteen years of age may be employed more than forty hours in any one week nor during school hours unless employment is incidental to bona fide programs of vocational cooperative training, work-study, or other work- oriented programs with the purpose of educating students, and the program meets standards established by the department of education and workforce.
(C) No employer shall employ a minor more than five consecutive hours without allowing the minor a rest period of at least thirty minutes. The rest period need not be included in the computation of the number of hours worked by the minor.
(D) No person sixteen or seventeen years of age who is required to attend school under Chapter 3321. of the Revised Code shall be employed:
(1) Before seven a.m. on any day that school is in session, except such person may be employed after six a.m. if the person was not employed after eight p.m. the previous night;
(2) After eleven p.m. on any night preceding a day that school is in session.
(E) As used in this section, "school" refers to either a school the child actually attends or a school he is required to attend pursuant to Chapter 3321. of the Revised Code.
Last updated September 12, 2023 at 11:00 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.08 | Enforcing Age and Schooling Certificate Requirements.

Effective:
August 28, 2002
Latest Legislation:
House Bill 402 - 124th General Assembly
(A) No minor shall be employed unless the employer keeps on the premises a complete list of all minors employed by the employer at a particular establishment and a printed abstract to be furnished by the director of commerce summarizing the provisions of this chapter.
The list and abstract shall be posted in plain view in a conspicuous place which is frequented by the largest number of minor employees, and to which all minor employees have access.
(B) An enforcement official may require any employer, in or about whose establishment an employee apparently under eighteen years of age is employed and whose age and schooling certificate is not on file with the director of commerce as required by section 3331.01 of the Revised Code, to furnish the enforcement official satisfactory evidence that the employee is in fact eighteen years of age or older. The enforcement official shall require from the employer the same evidence of age of the employee as is required by section 3331.02 of the Revised Code upon the issuance of an age and schooling certificate. No employer shall fail to produce the evidence.
(C) Any employee apparently under eighteen years of age, working in any occupation or establishment with respect to which there are restrictions by rule or law governing the employment of minors, with respect to whom the employer has not furnished satisfactory evidence that the person is at or above the age required for performance of employment with the employer after being requested to do so, and who refuses to give to an enforcement official the employee's name, age, and place of residence may be taken into custody and charged with being an unruly child or other appropriate charge under Chapter 2151. or 2152. of the Revised Code.
(D) No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any person authorized to issue an age and schooling certificate.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.09 | Notice of Nonuse of Minor's Age and Schooling Certificate.

Effective:
August 28, 2002
Latest Legislation:
House Bill 402 - 124th General Assembly
(A) After a minor employee has made a written request that an employer give notice of the nonuse of the minor's age and schooling certificate, should the employer fail to mail the document to the issuing authority within three days of receipt of the request, the minor shall be entitled to recover from the employer an amount equal to the wages which would have been earned had the minor continued in employment for the period between the receipt of the request by the employer and the initiation of the suit or compliance with the request by the employer.
(B) If any minor fails to appear for work without explanation for three days, an employer shall consider the employment terminated, and shall give notice of the nonuse of the age and schooling certificate to the issuing authority.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.10 | Written Agreements as to Wages.

Effective:
January 12, 1979
Latest Legislation:
House Bill 883 - 112th General Assembly
(A) 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.
(B) No employer shall retain or withhold from a minor in his 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.
(C) No employer shall receive a guarantee, bonus, money deposit, or other form of security to obtain or secure employment for a minor or to ensure faithful performance of labor, guarantee strict observance of rules, or make good losses which may be charged to the minor's incompetence, negligence, or inability.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.11 | Records.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
Every employer shall keep a time book or other written records which shall state the name, address, and occupation of each minor employed, the number of hours worked by such minor on each day of the week, the hours of beginning and ending work, the hours of beginning and ending meal periods, and the amount of wages paid each pay period to each minor. The director of commerce or the director's authorized representative shall have access to and the right to copy from the time book or records. Records shall be kept for a period of two years. No employer shall fail to keep such time book or records, or knowingly make false statements therein, or refuse to make the time book and records accessible, upon request, to the director or the director's authorized representative.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.12 | Violations.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) No person shall continue to employ any minor in violation of any law relating to the employment of minors after being notified of the violation in writing by the director of commerce or other enforcement official.
Failure of the director or other enforcement official to give such notice does not excuse or negate a conviction for any offense except a violation of this division.
(B) No employer shall employ, and no person having under the person's control as parent, guardian, or custodian, any minor, shall permit or suffer a minor to be employed in violation of any law relating to the employment of minors for which a penalty is not otherwise provided by law.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.13 | Designation of Enforcement Officials.

Effective:
September 4, 2000
Latest Legislation:
Senate Bill 181 - 123rd General Assembly
(A) The administrator of the bureau of employment services shall designate enforcement officials to enforce this chapter.
(B) An enforcement official, upon discovery of a violation of this chapter and after notice to the employer, shall make a complaint against the offending employer in any court of competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a complaint before a court having competent jurisdiction against any person violating any law relating to the employment of minors. This section shall not be construed to limit the right of other persons to make those complaints.
(D) County courts, municipal courts, and juvenile courts have jurisdiction to try offenses under this chapter. Juvenile courts have exclusive original jurisdiction to try offenses under section 3321.38 of the Revised Code.
(E) No person or enforcement official instituting proceedings under this section shall be required to file or give security for the costs. If a defendant is acquitted, the judge before whom the case is brought shall certify the costs to the county auditor. The county auditor shall examine the amount and, if necessary, correct it. The county auditor shall issue a warrant on the county treasurer in favor of the persons to whom the costs are due.
(F) Fines collected for violations of this chapter and section 3321.38 of the Revised Code shall be paid into the funds of the school district in which the offense was committed.
Last updated January 24, 2022 at 3:04 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4109 | Employment of Minors › Section 4109.99 | Penalty.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Whoever violates section 4109.04, division (C) of section 4109.07, division (A), (B), or (D) of section 4109.08, section 4109.11, or division (B) of section 4109.12 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 4109.05 of the Revised Code is guilty of a misdemeanor of the third degree.
(C) Whoever violates section 4109.03, division (A), (B), or (D) of section 4109.07, or section 4109.10 of the Revised Code is guilty of a minor misdemeanor on a first offense and a misdemeanor of the third degree on each subsequent offense.
(D) Whoever violates division (A) of section 4109.12 of the Revised Code is guilty of a minor misdemeanor for each day the violation continues.
(E) Whoever violates division (A) of section 4109.21 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a first degree misdemeanor on each subsequent offense. If, however, the violation on a first offense contains aggravating circumstances, including, but not limited to, threats to a minor, reckless operation of a motor vehicle, or abandonment of or endangerment to a minor but not including circumstances that are the basis of a felony violation of section 2919.22 of the Revised Code, then the person is guilty of a misdemeanor of the first degree. If the offender previously has been convicted under this section and if the subsequent offense contains aggravating circumstances other than circumstances that are the basis of a felony violation of section 2919.22 of the Revised Code, then the person is guilty of a felony of the fourth degree.
(F) Whoever violates division (F) of section 4109.22 of the Revised Code shall be assessed a civil penalty of up to one thousand seven hundred thirty dollars for each violation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.01 | Minimum Fair Wage Standards Definitions.

Effective:
April 4, 2007
Latest Legislation:
House Bill 690 - 126th General Assembly
As used in this chapter:
(A) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to the deductions, charges, or allowances permitted by rules of the director of commerce under section 4111.05 of the Revised Code. "Wage" includes an employee's commissions of which the employee's employer keeps a record, but does not include gratuities, except as provided by rules issued under section 4111.05 of the Revised Code.
"Wage" also includes the reasonable cost to the employer of furnishing to an employee board, lodging, or other facilities, if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees. The cost of board, lodging, or other facilities shall not be included as part of wage to the extent excluded therefrom under the terms of a bona fide collective bargaining agreement applicable to the employee.
(B) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are employed.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.02 | Wage Rates.

Effective:
March 21, 2017
Latest Legislation:
Senate Bill 331 - 131st General Assembly
Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay each of the employer's employees at a wage rate of not less than the wage rate specified in Section 34a of Article II, Ohio Constitution.
The director of commerce annually shall adjust the wage rate as specified in Section 34a of Article II, Ohio Constitution.
No political subdivision shall establish a minimum wage rate different from the wage rate required under this section.
As used in this section, "employee" has the same meaning as in section 4111.14 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.031 | Exemptions From Overtime Requirements.

Effective:
July 6, 2022
Latest Legislation:
Senate Bill 47 - 134th General Assembly
(A)(1) Except as provided in divisions (B) and (C) of this section, an employer is not required to pay the overtime wage rate under section 4111.03 of the Revised Code to an employee for any time that the employee spends performing any of the following activities:
(a) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;
(b) Activities that are preliminary to or postliminary to the principal activity or activities;
(c) Activities requiring insubstantial or insignificant periods of time beyond the employee's scheduled working hours.
(2) Division (A)(1) of this section applies to an activity described in that division that occurs either prior to the time on any particular workday at which the employee commences, or subsequent to the time on any particular workday at which the employee ceases, such principal activity or activities.
(B) Division (A) of this section does not apply if an employee engages in an activity described in division (A)(1)(b) of this section under either of the following circumstances:
(1) The employee performs the activity during the regular work day or during prescribed hours.
(2) The employee performs the activity at the specific direction of the employer.
(C) Division (A) of this section does not apply if an employee engages in an activity described in that division under either of the following circumstances:
(1) The employee performs the activity pursuant to an express provision of a written or unwritten contract in effect, at the time of performance, between the employee or the employee's agent or collective bargaining representative and the employee's employer.
(2) The employee performs the activity pursuant to a custom or practice applicable to the activity, in effect at the time of performance, at the establishment or other place where the employee is employed, and the custom or practice is not inconsistent with a contract described in division (C)(1) of this section.
Last updated April 13, 2022 at 4:40 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.04 | Director of Commerce - Wage Investigations - Inspection of Employer Records.

Effective:
April 4, 2007
Latest Legislation:
House Bill 690 - 126th General Assembly
The director of commerce may:
(A) Investigate and ascertain the wages of persons employed in any occupation in the state;
(B) Enter and inspect the place of business or employment of any employer for the purpose of inspecting any books, registers, payrolls, or other records of the employer that in any way relate to the question of wages, hours, and other conditions of employment of any employees, and may question the employees for the purpose of ascertaining whether sections 4111.01 to 4111.17 of the Revised Code, and the rules adopted thereunder, have been and are being obeyed. In conducting an inspection of the records of an employer, the director shall make every effort to coordinate the inspection with those conducted by the federal agency responsible for enforcement of the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended. If the federal agency has completed an audit or examination of the employer's records within the sixty days prior to the date the director notifies the employer of the director's intent to examine the employer's records, the director shall accept in lieu of the director's own inspection, a report from the federal agency that the employer is in compliance with the federal act, unless the director has reasonable grounds for believing that the report is inaccurate or incomplete for the purposes of sections 4111.01 to 4111.13 of the Revised Code, or that events occurring since the audit give the director reasonable grounds for believing that a violation of sections 4111.01 to 4111.13 of the Revised Code has occurred.
(C) In the event the director is prohibited by any employer from carrying out the intent of this section, the director may issue subpoenas and compel attendance of witnesses and production of papers, books, accounts, payrolls, documents, records, and testimony relating and relevant to the director's investigation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.05 | Rules.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
The director of commerce shall adopt rules in accordance with Chapter 119. of the Revised Code as the director considers appropriate to carry out the purposes of sections 4111.01 to 4111.17 of the Revised Code. The rules may be amended from time to time and may include, but are not limited to, rules defining and governing apprentices, their number, proportion, and length of service; bonuses and special pay for special or extra work; permitted deductions or charges to employees for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees; inclusion of ascertainable gratuities in wages paid; allowances for unascertainable gratuities or for other special conditions or circumstances which may be usual in particular employer-employee relationships; and the method of computation or the period of time over which wages may be averaged to determine whether the minimum wage or overtime rate has been paid.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.06 | Administrative Rules Setting Wage Rates for Employees With Physical or Mental Impairments or Injuries.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
In order to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rates under sections 4111.01 to 4111.17 of the Revised Code, the director of commerce shall adopt rules under section 4111.05 of the Revised Code, permitting employment in any occupation at wages lower than the wage rates applicable under sections 4111.01 to 4111.17 of the Revised Code, of individuals whose earning capacity is impaired by physical or mental disabilities or injuries. The rules shall provide for licenses to be issued authorizing employment at the wages of specific individuals or groups of employees, or by specific employers or groups of employers, pursuant to the rules. The rules shall not conflict with the "Americans with Disabilities Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.
Last updated March 10, 2023 at 12:28 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.07 | Administrative Rules for Wages and Licenses of Apprentices.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
The director of commerce may adopt rules under section 4111.05 of the Revised Code, permitting employment of apprentices at a wage rate not less than eighty-five per cent of the minimum wage rate applicable under sections 4111.01 to 4111.17 of the Revised Code. The rules shall provide for licenses to be issued for periods not to exceed ninety days and authorizing employment at the wages of specific individuals or groups of employees, or by specific employers or groups of employers, pursuant to the rules.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.08 | Employers to Keep Records.

Effective:
January 1, 2010
Latest Legislation:
House Bill 690 - 126th General Assembly
Every employer subject to section 4111.03 of the Revised Code, or to any rule adopted thereunder, 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 work week by the employee, and other information as the director of commerce prescribes by rule as necessary or appropriate for the enforcement of section 4111.03 of the Revised Code, or of the rules thereunder. Records may be opened for inspection or copying by the director at any reasonable time.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.09 | Summaries and Copies Rules to Be Posted and Available to Employees.

Effective:
April 4, 2007
Latest Legislation:
House Bill 690 - 126th General Assembly
Every employer subject to sections 4111.01 to 4111.17 of the Revised Code, or to any rules issued thereunder, shall keep a summary of the sections, approved by the director of commerce, and copies of any applicable rules issued thereunder, or a summary of the rules, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. The director of commerce shall make the summary described in this section available on the web site of the department of commerce. The director shall update this summary as necessary, but not less than annually, in order to reflect changes in the minimum wage rate as required under Section 34a of Article II, Ohio Constitution. Employees and employers shall be furnished copies of the summaries and rules by the state, on request, without charge.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.10 | Liability and Actions for Payment of Less Than Minimum Wages.

Effective:
July 6, 2022
Latest Legislation:
Senate Bill 47 - 134th General Assembly
(A) Any employer who pays any employee less than wages to which the employee is entitled under section 4111.03 of the Revised Code, is liable to the employee affected for the full amount of the overtime wage rate, less any amount actually paid to the employee by the employer, and for costs and reasonable attorney's fees as may be allowed by the court. Any agreement between the employee and the employer to work for less than the overtime wage rate is no defense to an action.
(B) At the written request of any employee paid less than the wages to which the employee is entitled under section 4111.03 of the Revised Code, the director of commerce may take an assignment of a wage claim in trust for the assigning employee and may bring any legal action necessary to collect the claim. The employer shall pay the costs and reasonable attorney's fees allowed by the court.
(C) No employee shall join as a party plaintiff in any civil action that is brought under this section by an employee, person acting on behalf of an employee, or person acting on behalf of all similarly situated employees unless that employee first gives written consent to become such a party plaintiff and that consent is filed with the court in which the action is brought.
Last updated April 13, 2022 at 2:17 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.11 | Most Favorable Standards Toward Employees Continue in Effect.

Effective:
January 1, 1974
Latest Legislation:
House Bill 201 - 110th General Assembly
Any standards relating to minimum wages, overtime compensation, or other working conditions in effect under any other law of this state on the effective date of sections 4111.01 to 4111.17 of the Revised Code, which are more favorable to employees than those applicable to employees under sections or regulations issued hereunder, are not amended, rescinded, or otherwise affected by said sections, but continue in full force and effect, and may be enforced as provided by law until they are specifically superseded by standards more favorable to the employees by operation of or in accordance with regulations issued under said sections.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.12 | Right of Employees to Collective Bargaining.

Effective:
January 1, 1974
Latest Legislation:
House Bill 201 - 110th General Assembly
Nothing in sections 4111.01 to 4111.17 of the Revised Code interferes with, impedes, or in any way diminishes the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under sections 4111.01 to 4111.17 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.13 | Employer Prohibitions.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) No employer shall hinder or delay the director of commerce in the performance of the director's duties in the enforcement of sections 4111.01 to 4111.17 of the Revised Code, or refuse to admit the director to any place of employment, or fail to make, keep, and preserve any records as required under those sections, or falsify any of those records, or refuse to make them accessible to the director upon demand, or refuse to furnish them or any other information required for the proper enforcement of those sections to the director upon demand, or fail to post a summary of those sections or a copy of any applicable rules as required by section 4111.09 of the Revised Code. Each day of violation constitutes a separate offense.
(B) No employer shall discharge or in any other manner discriminate against any employee because the employee has made any complaint to the employee's employer, or to the director, that the employee has not been paid wages in accordance with sections 4111.01 to 4111.17 of the Revised Code, or because the employee has made any complaint or is about to cause to be instituted any proceeding under or related to those sections, or because the employee has testified or is about to testify in any proceeding.
(C) No employer shall pay or agree to pay wages at a rate less than the rate applicable under sections 4111.01 to 4111.17 of the Revised Code. Each week or portion thereof for which the employer pays any employee less than the rate applicable under those sections constitutes a separate offense as to each employer.
(D) No employer shall otherwise violate sections 4111.01 to 4111.17 of the Revised Code, or any rule adopted thereunder. Each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.17 | Prohibiting Discrimination in Payment of Wages.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) No employer, including the state and political subdivisions thereof, shall discriminate in the payment of wages on the basis of race, color, religion, sex, age, national origin, or ancestry by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions.
(B) Nothing in this section prohibits an employer from paying wages to one employee at a rate different from that at which the employer pays another employee for the performance of equal work under similar conditions on jobs requiring equal skill, effort, and responsibility, when the payment is made pursuant to any of the following:
(1) A seniority system;
(2) A merit system;
(3) A system which measures earnings by the quantity or quality of production;
(4) A wage rate differential determined by any factor other than race, color, religion, sex, age, national origin, or ancestry.
(C) No employer shall reduce the wage rate of any employee in order to comply with this section.
(D) The director of commerce shall carry out, administer, and enforce this section. Any employee discriminated against in violation of this section may sue in any court of competent jurisdiction to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, from the date of the commencement of the violation, and for costs, including attorney fees. The director may take an assignment of any such wage claim in trust for such employee and sue in the employee's behalf. In any civil action under this section, two or more employees of the same employer may join as co-plaintiffs in one action. The director may sue in one action for claims assigned to the director by two or more employees of the same employer. No agreement to work for a discriminatory wage constitutes a defense for any civil or criminal action to enforce this section. No employer shall discriminate against any employee because such employee makes a complaint or institutes, or testifies in, any proceeding under this section.
(E) Any action arising under this section shall be initiated within one year after the date of violation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4111 | Minimum Fair Wage Standards › Section 4111.99 | Penalty.

Effective:
January 1, 1974
Latest Legislation:
House Bill 201 - 110th General Assembly
(A) Whoever violates division (A) or (D) of section 4111.13 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (B) or (C) of section 4111.13 of the Revised Code is guilty of a misdemeanor of the third degree.
(C) Whoever violates section 4111.17 of the Revised Code is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.022 | Unlawful Discriminatory Practice of Educational Institution.

Effective:
March 17, 2000
Latest Legislation:
House Bill 264 - 123rd General Assembly
As used in this section, "educational institution" means a state university or college, state-assisted institution of higher education, nonprofit educational institution described in Chapter 1713. of the Revised Code, or institution registered under Chapter 3332. of the Revised Code.
It shall be an unlawful discriminatory practice for any educational institution to discriminate against any individual on account of any disability:
(A) In admission or assignment to any academic program, course of study, internship, or class offered by the institution;
(B) In permitting participation in any activity that is sponsored by the institution or that takes place on property owned, operated, or controlled by the institution;
(C) In the awarding of any form of financial aid or other benefits available to students;
(D) In admission or assignment to housing or other facilities owned, operated, or controlled by the institution;
(E) In awarding of grades or granting of certificates, diplomas, or degrees offered by the institution.
Nothing in this section prohibits any educational institution from establishing bona fide requirements or standards for admission or assignment to academic programs, courses, internships, or classes; for permitting participation in activities; for awarding of financial aid or other benefits; or for the granting of grades, certificates, diplomas, or degrees, which requirements or standards may include reasonable qualifications for demonstrating necessary skill, aptitude, physical capability, intelligence, and previous education.
Nothing in this section requires any educational institution to construct, reconstruct, improve, enlarge, or alter any building, facility, or property owned, operated, or controlled by the institution, in any manner, for the purpose of making the building, facility, or property accessible to persons with a disability, provided that this section does not exempt an educational institution from compliance with standards adopted under section 3781.111 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.023 | Inherently Military Civilian Job Discrimination Claims.

Effective:
March 24, 2008
Latest Legislation:
House Bill 372 - 127th General Assembly
The decision of Fisher v. Peters, 249 F.3d 433 (6th Cir. 2001), which held that if a person's civilian job is inherently military, the person must pursue military, rather than civilian, channels when pursuing employment discrimination claims, shall be applied when construing the prohibitions contained in this chapter against discrimination on the basis of a person's military status.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.03 | Ohio Civil Rights Commission.

Effective:
July 24, 1990
Latest Legislation:
House Bill 623 - 118th General Assembly
There is hereby created the Ohio civil rights commission to consist of five members, not more than three of whom shall be of the same political party, to be appointed by the governor, with the advice and consent of the senate, one of whom shall be designated by the governor as chairman. At least one member shall be at least sixty years of age.
Terms of office shall be for five years, commencing on the twenty-ninth day of July and ending on the twenty-eighth day of July. Each member shall hold office from the date of his appointment until the end of the term for which he was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of his term until his successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
Three members of the commission shall constitute a quorum for the purpose of conducting the business thereof. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission.
Each member of the commission shall be paid a salary established pursuant to division (J) of section 124.15 of the Revised Code plus necessary and actual expenses while traveling on business of the commission.
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges against him and an opportunity to be heard publicly thereon.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.054 | Affirmative Defense to Sexual Harassment Claim.

Effective:
April 15, 2021
Latest Legislation:
House Bill 352 - 133rd General Assembly
(A) As used in this section:
(1) "Tangible employment action" means an action resulting in a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.
(2) "Hostile work environment sexual harassment claim" means a charge filed pursuant to section 4112.051 of the Revised Code or a civil action filed pursuant to section 4112.052 of the Revised Code that alleges an unlawful discriminatory practice relating to employment because of sex on the basis of sexually harassing behavior that did not result in a tangible employment action.
(B) An employer may raise an affirmative defense to vicarious liability to an employee resulting from a hostile work environment sexual harassment claim in which the hostile work environment was created by a supervisor with immediate or successively higher authority over the employee, if the employer proves both of the following by a preponderance of the evidence:
(1) The employer exercised reasonable care to prevent or promptly correct any sexually harassing behavior.
(2) The employee alleging the hostile work environment unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.
(C) The affirmative defense set forth in this section is not available to an employer if the supervisor's harassment resulted in a tangible employment action against the employee.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.056 | Refer Housing Discrimination Claim to Attorney General.

Effective:
April 15, 2021
Latest Legislation:
House Bill 352 - 133rd General Assembly
Whenever the Ohio civil rights commission has reasonable cause to believe that any person or persons are engaged in a pattern or practice of resistance to a person or persons' full enjoyment of the rights granted by division (H) of section 4112.02 of the Revised Code, or that any group of persons has been denied any of the rights granted by that division and the denial raises an issue of public importance, the commission may refer the matter to the attorney general for commencement of a civil action in a court of common pleas. The attorney general may seek any preventive relief considered necessary to ensure the full enjoyment of the rights granted by that division, including a permanent or temporary injunction or temporary restraining order.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.061 | Right of Commission to Appeal Judgment by Court.

Effective:
June 30, 1992
Latest Legislation:
House Bill 321 - 119th General Assembly
(A) The commission, in its discretion, may appeal from an adverse judgment rendered by a court. The appeal shall proceed as in the case of appeals in civil actions as provided in the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. The appeal by the commission shall be taken on questions of law relating to the constitutionality, construction, or interpretation of the statutes and rules of the commission and in matters involving the correctness of the judgment of the court of common pleas that an order of the commission is not supported by reliable, probative, and substantial evidence.
(B) Nothing in this section affects in any manner any provision of this chapter relating to the rights of any party, inclusive of the commission, to seek other court action provided for in this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.07 | Posting of Notice.

Effective:
June 30, 1992
Latest Legislation:
House Bill 321 - 119th General Assembly
Every person subject to division (A), (B), (C), (D), or (E) of section 4112.02 of the Revised Code shall post in a conspicuous place or places on his premises a notice to be prepared or approved by the commission that shall set forth excerpts of this chapter and other relevant information that the commission deems necessary to explain this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.08 | Liberal Construction.

Effective:
April 15, 2021
Latest Legislation:
House Bill 352 - 133rd General Assembly
(A) This chapter shall be construed liberally for the accomplishment of its purposes, and any law inconsistent with any provision of this chapter shall not apply. Nothing contained in this chapter shall be considered to repeal any of the provisions of any law of this state relating to discrimination because of race, color, religion, sex, military status, familial status, disability, national origin, age, or ancestry.
However, no person has a cause of action or claim based on an unlawful discriminatory practice relating to employment described in division (A)(24)(a) of section 4112.01 of the Revised Code against a supervisor, manager, or other employee of an employer unless that supervisor, manager, or other employee is the employer. Nothing in this division abrogates statutory claims outside this chapter or any claims of liability that exist against an individual at common law.
(B) The procedures and remedies for unlawful discriminatory practices relating to employment in this chapter are the sole and exclusive procedures and remedies available to a person who alleges such discrimination actionable under this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.09 | Power to Administer Oaths, Take Affidavits and Acknowledgments, and Attest Execution of Instrument in Writing.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
The executive director, administrative law judge, compliance officer, each field investigator, field coordinator, mediator, regional director, and supervisor of the Ohio civil rights commission, and any person appointed and commissioned as a notary public in this state, with respect to matters relating to official duties, may administer oaths, take affidavits, and acknowledgements, and attest the execution of any instrument in writing. The executive director shall file in the office of the secretary of the state the name and residence address of the occupant of each of the offices listed in this section on a quarterly basis.
The secretary of state shall record and index the filings required under this section and the filings shall be open to public inspection.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.10 | Attorney General and Commission Litigation.

Effective:
November 12, 1969
Latest Legislation:
House Bill 432 - 108th General Assembly
The attorney general shall conduct all litigation in which the Ohio civil rights commission participates as a party pursuant to Chapter 4112. of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.11 | Compliance With Commission Orders for Evidence.

Effective:
November 12, 1969
Latest Legislation:
House Bill 432 - 108th General Assembly
(A) No person shall willfully fail or neglect to attend and testify or answer any lawful inquiry or produce records, documents, or other evidence, if in his power to do so, in obedience to a subpoena or lawful order of the Ohio civil rights commission.
(B) No person shall, with intent to mislead the commission, make or cause to be made any false entry or statement of fact in any report, account, record, or other documents submitted to the commission pursuant to its subpoena or other order. No person shall willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, records, or other documents submitted to the commission.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.13 | Commission - Powers and Duties.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) In addition to any duties and responsibilities that the Ohio state university Bell national resource center may prescribe for the commission on African-Americans under section 4112.12 of the Revised Code, the commission shall do all of the following:
(1) Oversee and supervise four separate and distinct subcommittees devoted to solving problems and advancing recommendations exclusively pertinent to African-Americans in the areas of unemployment, criminal justice, education, and health;
(2) Conduct research to determine the nature and extent of the problems concerning African-Americans in the four areas targeted in division (A)(1) of this section;
(3) Hold public hearings for the purpose of collecting data;
(4) Identify existing federal, state, and local programs that address problems and solutions relevant to the four targeted areas of study;
(5) Implement appropriate new programs and demonstration projects especially designed for African-Americans;
(6) Develop and implement community education and public awareness programs especially designed for African-Americans;
(7) Develop strategies to improve the social condition of African-Americans;
(8) Report to the governor, the general assembly, the auditor of state, the secretary of state, the attorney general, and the chief justice of the Ohio supreme court at least biennially on the activities, findings, and recommendations of the commission;
(9) Accept gifts, grants, donations, contributions, benefits, and other funds from any public agency or private source to carry out any or all of the commission's powers or duties. Such funds shall be deposited in the commission on African-Americans fund, which is hereby created in the state treasury. All gifts, grants, donations, contributions, benefits, and other funds received by the commission under division (A)(9) of this section, when appropriated to the commission, shall be used solely to support the operations of the commission.
(B) The chairperson of the commission on African-Americans may appoint any number of individuals to serve on the subcommittees created in division (A)(1) of this section. Members of subcommittees serve at the discretion of the chairperson.
Last updated March 10, 2023 at 12:29 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.15 | Civil Rights Commission General Reimbursement Fund.

Effective:
June 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
There is hereby created in the state treasury the civil rights commission general reimbursement fund, which shall be used to pay operating costs of the commission. All amounts received by the commission, and all amounts awarded by a court to the commission, for attorney's fees, court costs, expert witness fees, and other litigation expenses shall be paid into the state treasury to the credit of the fund. All amounts received by the commission for copies of commission documents and for other goods and services furnished by the commission shall be paid into the state treasury to the credit of the fund.