reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.33 | Office of New African Immigrant Affairs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The office of new African immigrant affairs is created. The office shall be accountable to the new African immigrants commission. The director of the office shall be appointed by and serve at the pleasure of the commission.
The director, with the approval of the commission, shall appoint such employees as are necessary to carry out the duties of the office. The employees shall serve at the pleasure of the director.
The office shall execute the tasks assigned to it by the commission, which shall include the duties listed in section 4112.31 of the Revised Code.
Last updated August 31, 2023 at 3:58 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.34 | New African Immigrants Grant and Gift Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby created in the state treasury the new African immigrants grant and gift fund. The fund shall consist of money received as grants or gifts under section 4112.31 of the Revised Code and any money transferred or appropriated to the fund by the general assembly. The new African immigrants commission shall use the money to support the commission's duties, including the operation of the office of new African immigrant affairs established under section 4112.33 of the Revised Code. Investment earnings of the fund shall be credited to the fund.
Last updated August 31, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4112 | Civil Rights Commission › Section 4112.99 | Civil Penalty.

Effective:
April 15, 2021
Latest Legislation:
House Bill 352 - 133rd General Assembly
(A) Whoever violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Except as otherwise provided in division (B) of this section, a person may bring such a civil action in a court of competent jurisdiction.
(B) A person is prohibited from bringing a civil action for employment discrimination under this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.01 | Hours Constituting a Day's Work.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A day's work in a mechanical,manufacturing, or mining business shall consist of eight hours and shall be so enforced unless the contract therefor expressly provides otherwise.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.02 | Contract Provisions Void.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every undertaking or promise, whether written or oral, express or implied, constituting, or contained in, any contract or agreement of hiring or employment between any individual, firm, association, or corporation, and any employee or prospective employee of the same, whereby either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any organization of employers, or either party to such contract or agreement undertakes or promises that he will withdraw from the employment relation in the event that he joins, becomes, or remains a member of any labor organization or of any organization of employers, is contrary to public policy and void.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.03 | Fellow Servant Rule Not Applicable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions brought to recover from an employer for personal injuries suffered by his employee or for death resulting to such employee from such personal injuries, while in the employ of such employer, arising from the negligence of such employer or any of such employer's officers, agents, or employees, it shall be held in addition to any other liability existing by law that any person in the employ of such employer, in any way having power or authority in directing or controlling any other employee of such employer, is not the fellow servant, but superior to such other employee; any person in the employ of such employer in any way having charge or control of employees in any separate branch or department shall be held to be the superior and not the fellow servant of all employees in any other branch or department in which they are employed; any person in the employ of such employer whose duty it is to repair or inspect the ways, works, boats, wharves, plant, machinery, appliances, or tools, in any way connected with or in any way used in the business of the employer, or to receive, give, or transmit any signal, instruction, or warning to or for such employees, shall be held to be the superior and not the fellow servant of such other employees of such employer.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.04 | Prima-Facie Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the employee of any employer referred to in section 4113.03 of the Revised Code receives any personal injury by reason of any defect or unsafe condition in any ways, works, boats, wharves, plant, machinery, appliances, or tools, except simple tools, in any way connected with or in any way used in the business of the employer, such employer is deemed to have had knowledge of such defect before and at the time such injury was so sustained, and when the fact of such defect is made to appear upon trial of an action brought by such employee or his personal or legal representatives against any such employer for damages on account of such injuries so received, the defect is prima-facie evidence of neglect on the part of such employer. The employer may show by way of defense that such defect was not discoverable in the exercise of ordinary care.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.05 | Certain Defenses Not Available.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions described in section 4113.03 of the Revised code the negligence of a fellow servant of the employee is not a defense where the injury or death was in any way caused or contributed to by any of the following causes:
(A) Any defect or unsafe condition in the ways, works, boats, wharves, plant, machinery, appliances, or tools, except simple tools, in any way connected with or in any way used in the business of the employer;
(B) The negligence of any person engaged as superintendent, manager, foreman, inspector, repairman, signalman, or any person in any way having charge, care, or control of such ways, works, boats, wharves, plant, machinery, appliances, or tools;
(C) The negligence of any person in charge of or directing the particular work in which the employee was engaged at the time of the injury or death;
(D) The negligence of any person to whose orders the employee was bound to conform, and by reason of his having conformed thereto the injuries or death resulted;
(E) The negligent act of any fellow servant done in obedience to the immediate or peremptory instructions or orders given by the employer, or any person with authority to direct the doing of said act;
(F) The want of necessary and sufficient rules and regulations for the government of such employees and the operation and maintenance of such ways, works, boats, wharves, plant, machinery, appliances, or tools.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.06 | Negligence of Employer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When it appears in an action described in section 4113.03 of the Revised Code that the injury or death was caused in whole or in part by the neglect of the employer in failing to properly furnish, maintain, construct, guard, repair, inspect, or protect any of the ways, works, boats, wharves, plant, machinery, appliances, or tools, in any way connected with or in any way used in the business of the employer, in any manner required by the law of this state or of the United States, or by any defective or unsafe condition in the ways, works, boats, wharves, plant, machinery, appliances, or tools, except simple tools, in any way connected with or in any way used in the business of the employer, the fact that such employee continued in said employment with knowledge of such negligent omission or want of care or such defective or unsafe condition is not a defense unless by the terms of his employment it was expressly made the duty of such employee to report such neglect or such defective or unsafe condition to the employer and the evidence discloses that such employee failed so to report, and that the employer was not otherwise possessed of knowledge of such negligent, unsafe, or defective condition.
Such employee shall not be held to have assumed the risk of:
(A) The negligent act of any fellow servant or employee of such employer, done in obedience to the immediate or peremptory instructions or orders given by the employer, or any other person who has authority to direct the doing of said act;
(B) The want of necessary and sufficient rules and regulations, or the lack of enforcement of same, for the government of such employees in the construction, operation, and maintenance of such ways, works, boats, wharves, machinery, plant, appliances, or tools, or the employing or retention of any incompetent servant.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.07 | Contributory Negligence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions, described in section 4113.03 of the Revised Code, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence is slight and the negligence of the employer is gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. No employee who is injured or killed shall be held in any degree to have been guilty of contributory negligence in any case where the violation by such employer of any law of this state or of the United States enacted for the safety of employees in any way contributed to the injury or death of such employee unless by the terms of his employment it was expressly made the duty of such employee to report such violation to the employer and the evidence shows that such employee failed to report and that the employer was not possessed of knowledge of such violation. All questions of negligence, contributory negligence, and assumption of risk are for the jury, under the instruction of the court.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.08 | Minors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions described in section 4113.03 of the Revised Code, where a minor employee has been employed or retained in employment contrary to the laws of this state or of the United States, such employee shall not be held to have been guilty of contributory negligence, nor held to have assumed any of the risks of such employment. The employer may show by way of defense any fraud or misrepresentation made by such employee.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.09 | Insurance Provision.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all actions described in section 4113.03 of the Revised Code, any contract, rule, regulation, or device, the purpose or intent of which is to enable any employer to exempt himself from any liability created by sections 4113.03 to 4113.09, inclusive, and sections 2125.01 to 2125.04, inclusive, of the Revised Code, is to that extent void. In any action brought against any employer under sections 4113.03 to 4113.08, inclusive, and sections 2125.01 to 2125.04, inclusive, of the Revised Code, such employer may set off therein, any sum he has contributed or paid to any insurance, relief, benefit, or indemnity paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.10 | Conducting Child to Juvenile Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A child working in or in connection with a factory, workshop, business office, telephone or telegraph office, restaurant, bakery, hotel, apartment house, or mercantile or other establishment, or in the distribution or transmission of merchandise or messages, who appears to an inspector of workshops and factories to be under the legal age, or refuses to give to such inspector his name, age, and place of residence, shall be forthwith conducted by such inspector to the office of the juvenile judge or the probate judge for examination. If such inspector is in doubt as to the physical fitness of a boy under sixteen years of age or a girl under eighteen years of age found working in or in connection with any of such establishments, or in the distribution or transmission of merchandise or messages, he shall require a certificate signed by a medical officer of the board of health certifying that such child is of sound health and physically able to perform the work or service such child is required to do. Such certificate shall be signed by the child in whose name it is issued in the presence of the officer issuing it, and such examination shall be made and certificate issued without expense to said child.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.16 | No Exemption by Special Provisions - Assignment of Future Wages Invalid - Exception.

Effective:
March 20, 2019
Latest Legislation:
House Bill 494 - 132nd General Assembly
No employer subject to section 4113.15 of the Revised Code shall, by a special contract with an employee or by other means, exempt the employer from this section and section 4113.15 of the Revised Code, and no assignments of future wages, payable semimonthly under such sections are valid except as provided in section 1321.32 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.17 | Sale of Certain Merchandise to Employees Prohibited.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person, firm, or corporation engaged in any enterprise in this state shall sell or procure for sale to its employees any article, product, or merchandise not of its own production or not handled in its regular course of trade, excepting meals, confections, tobacco products, and such specialized appliances, or supplies and equipment, as may be required in said enterprise for the employees' safety and health, or in the performance of their duties. This section does not prohibit or prevent a person, firm, or corporation engaged in industry or mining from owning and operating bona fide retail stores, or gasoline and service stations, conducted in whole or in part for the convenience or benefit of its employees. This section does not prohibit the sale by any person, firm, or corporation of any article which such person, firm, or corporation has purchased or acquired in connection with the operation of its business.
The doing of each act prohibited by this section constitutes a separate offense.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.18 | Compelling Employee to Purchase at Certain Places.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall compel, seek to compel, or attempt to coerce an employee of himself or another to purchase goods or supplies from a particular person, firm, or corporation.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.19 | Payment in Scrip Prohibited at Higher Prices - Deductions From Wages Prohibited.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall sell goods or supplies to his employee , or pay such employee wages or a part thereof in goods or supplies, directly or through the intervention of scrip, orders, or other evidence of indebtedness, at higher prices than the reasonable or current market value in cash of such goods or supplies, or, without an express contract with his employee, deduct or retain the wages of such employee, or a part thereof, for wares, tools, or machinery destroyed or damaged.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.20 | Double Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person violating section 4113.18 or 4113.19 of the Revised Code is liable to the party aggrieved in double the amount of charges made for such wares, tools, and machinery, or for the amount received for such goods or supplies in excess of the reasonable or current market value in cash thereof.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.21 | Employee Shall Not Be Required to Pay Cost of Medical Examination.

Effective:
September 15, 2020
Latest Legislation:
House Bill 81 - 133rd General Assembly
(A) No private employer shall require any prospective employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.
(B) No public employer or private employer furnishing services to a public employer in accordance with a contract subject to the "Service Contract Act of 1965," 41 U.S.C. 6701 et seq., shall require any employee, prospective employee, or applicant for employment to pay the cost of an initial or any subsequent medical examinations required by the public employer or private employer as a condition of employment or continued employment.
(C) As used in this section:
(1) "Private employer" means any individual, partnership, trust, estate, joint-stock company, insurance company, common carrier, public utility, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the successor thereof, who has in employment three or more individuals at any one time within a calendar year.
(2) "Public employer" means the United States, the state, any political subdivision of the state, and any agency of the United States, the state, or a political subdivision of the state.
(3) "Employee" means any person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment.
(D) Any employer who violates this section shall forfeit not more than one hundred dollars for each violation. The bureau of workers' compensation and the public utilities commission shall enforce this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.22 | Duty of Prosecuting Attorney.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The prosecuting attorney, upon complaint made to him of a violation of section 4113.18 or 4113.19 of the Revised Code, shall cause such complaint to be investigated before the grand jury.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.23 | Furnishing Medical Report to Employee.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
(A) No employer or physician, other health care professional, hospital, or laboratory that contracts with the employer to provide medical information pertaining to employees shall refuse upon written request of an employee to furnish to the employee or former employee or their designated representative a copy of any medical report pertaining to the employee. The requirements of this section extend to any medical report arising out of any physical examination by a physician or other health care professional and any hospital or laboratory tests which examinations or tests are required by the employer as a condition of employment or arising out of any injury or disease related to the employee's employment. However, if a physician concludes that presentation of all or any part of an employee's medical record directly to the employee will result in serious medical harm to the employee, he shall so indicate on the medical record, in which case a copy thereof shall be given to a physician designated in writing by the employee.
(B) The employer may require the employee to pay the cost of furnishing copies of the medical reports described in division (A) of this section but in no case shall the employer charge more than twenty-five cents for each page of a report.
(C) As used in this section, "employer" has the same meaning as contained in the definition of that term found in section 4123.01 of the Revised Code.
(D) Any employer who refuses to furnish the reports to which an employee is entitled is guilty of a minor misdemeanor for each violation. The bureau of workers' compensation shall enforce this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.30 | Enforcing Successor Clause in Collective Bargaining Agreement.

Effective:
October 9, 1978
Latest Legislation:
House Bill 783 - 112th General Assembly
(A) As used in this section:
(1) "Successor employer" means any purchaser, assignee, or transferee of a business that is party to a collective bargaining agreement, if the purchaser, assignee, or transferee conducts or will conduct substantially the same business operation or offer the same service, and uses the same physical facilities as the contracting employer.
(2) "Public employer" means the state or any political subdivision of the state, including, without limitation, any municipal corporation, county, township, school district, state institution of higher learning, any public or special district, or any state agency, authority, commission, board, or other public employer.
(B) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause is binding upon and enforceable against any successor employer who succeeds to the contracting employer's business until the expiration date stated in the agreement, except that no successor clause is binding upon or enforceable against any successor employer for more than three years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization.
(C) An employer who is a party to a collective bargaining agreement containing a successor clause shall disclose the existence of the agreement and clause to any successor employer. The disclosure requirement is satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyace, a statement that the successor employer is bound by such successor clause as provided for in the collective bargaining agreement.
(D) This section does not apply:
(1) To any public employer;
(2) To any employer who is subject to the "National Labor Relations Act of 1935," 49 Stat. 449, 29 U.S.C.A. 151, as amended, or "The Railway Labor Act of 1926," 44 Stat. 577, 45 U.S.C.A. 151 as amended.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.40 | Leave of Absence for Union Management Relations.

Effective:
July 14, 1976
Latest Legislation:
S274 - 111th General Assembly
(A) An employee in the telephone industry who is granted or has previously been granted a leave of absence for union management relations requiring the employee's absence from regular duties with the employee's employer shall have such period of absence or any continuance of such absence for union management relations beyond the expiration of the leave of absence counted by the employer as the equivalent of service performed for the employer for the purpose of determining benefits and seniority of the employee.
(B) For the purpose of determining benefits and seniority, this section shall also apply to all employees currently on leave of absence on the effective date of this section, and to all former employees who prior to the effective date of this section, had been on leave of absence for two years or more.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.42 | Peer Support Team Member Roster.

Effective:
April 6, 2023
Latest Legislation:
House Bill 545 - 134th General Assembly
(A) As used in this section, "peer support team" and "peer support team member" have the same meanings as in section 2317.023 of the Revised Code.
(B) An employer or organization that appoints a peer support team, or an advisor designated by an employer or organization under division (F) of section 2317.023 of the Revised Code, shall keep a roster of the peer support team members that make up each peer support team maintained by the employer or organization. The employer, organization, or advisor shall do both of the following in the roster:
(1) Identify each peer support team member providing services at the time the roster is created by first and last name;
(2) Identify whether the member is in compliance with the peer support training requirements necessary for the testimonial privilege described in section 2317.023 of the Revised Code.
(C) The roster shall not include the address, telephone number, or other contact information for a team member. The employer, organization, or advisor shall update the roster on a regular basis.
(D) The roster required by this section is not a public record under section 149.43 of the Revised Code. However, the employer, organization, or advisor shall make the roster available at the request of a prosecutor, investigator, or any other individual who has a legal right or duty to determine whether a peer support team member is prohibited from testifying in any proceeding to which section 2317.023 of the Revised Code applies.
Last updated February 8, 2023 at 5:23 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.51 | Whistleblower's Protection Definitions.

Effective:
October 31, 1990
Latest Legislation:
House Bill 588 - 118th General Assembly
As used in sections 4113.51 to 4113.53 of the Revised Code:
(A) "Employee" means any person who performs a service for wages or other remuneration for an employer.
(B) "Employer" means any person who has one or more employees. "Employer" includes an agent of an employer, the state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district, or other political subdivision or any agency or instrumentality thereof.
(C) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes a public agency or any other legal entity.
(D) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(E) "Political subdivision" has the same meaning as in division (F) of section 2744.01 of the Revised Code.
(F) "Prosecuting authority" means the prosecuting attorney of a county or the director of law, village solicitor, or similar chief legal officer of a municipal corporation.
(G) "Inspector general" means the inspector general appointed under section 121.48 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.512 | Reports From Employees Providing Health Care or Supervising Provision of Health Care.

Effective:
April 10, 2001
Latest Legislation:
House Bill 511 - 123rd General Assembly
The employer of an employee whose duties include providing health care or supervising an individual who provides health care may make information available to the employee explaining the employee's duty to make reports pursuant to section 4113.52 of the Revised Code, as well as the employee's opportunity to make reports regarding patient safety pursuant to section 3701.91 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.53 | Effect of Collective Bargaining Agreement, Confidentiality Requirements.

Effective:
June 29, 1988
Latest Legislation:
House Bill 406 - 117th General Assembly
Section 4113.52 of the Revised Code does not diminish or impair the rights of a person under a collective bargaining agreement, or permit disclosures that would diminish or impair the rights of any person to the continued protection of confidentiality of communications if a statute or common law provides such protection.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.71 | Immunity of Employer as to Job Performance Information Disclosures.

Effective:
July 3, 1996
Latest Legislation:
House Bill 44 - 121st General Assembly
(A) As used in this section:
(1) "Employee" means an individual currently or formerly employed by an employer.
(2) "Employer" means the state, any political subdivision of the state, any person employing one or more individuals in this state, and any person directly or indirectly acting in the interest of the state, political subdivision, or such person.
(3) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.
(B) An employer who is requested by an employee or a prospective employer of an employee to disclose to a prospective employer of that employee information pertaining to the job performance of that employee for the employer and who discloses the requested information to the prospective employer is not liable in damages in a civil action to that employee, the prospective employer, or any other person for any harm sustained as a proximate result of making the disclosure or of any information disclosed, unless the plaintiff in a civil action establishes, either or both of the following:
(1) By a preponderance of the evidence that the employer disclosed particular information with the knowledge that it was false, with the deliberate intent to mislead the prospective employer or another person, in bad faith, or with malicious purpose;
(2) By a preponderance of the evidence that the disclosure of particular information by the employer constitutes an unlawful discriminatory practice described in section 4112.02, 4112.021, or 4112.022 of the Revised Code.
(C) If the court finds that the verdict of the jury was in favor of the defendant, the court shall determine whether the lawsuit brought under division (B) of this section constituted frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code, if the court finds by a preponderance of the evidence that the lawsuit constituted frivolous conduct, it may order the plaintiff to pay reasonable attorney's fees and court costs of the defendant.
(D)(1) This section does not create a new cause of action or substantive legal right against an employer.
(2) This section does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which an employer may be entitled under circumstances not covered by this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.75 | Automatic Contributions to Employee Retirement Plan.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 42 - 130th General Assembly
(A) As used in this section:
(1) "Employee" and "employer" have the same meanings as in section 4113.51 of the Revised Code except that "employer" does not include the state, any municipal corporation, county, township, school district, or other political subdivision, or any agency or instrumentality of any of those entities.
(2) "Employee retirement plan" means an employee retirement plan described in section 401(k) or 403(b) of the Internal Revenue Code or a payroll deduction individual retirement account plan described in section 408 or 408A of the Internal Revenue Code.
(3) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1 et seq., as amended.
(B)(1) Notwithstanding section 4113.15 of the Revised Code, an employer may create and implement a program for automatically withholding a specified percentage of employees' wages to be contributed on behalf of the employees to an employee retirement plan. The program shall allow an employee to affirmatively elect not to participate in the program and not have wages withheld under the program.
(2) The employer shall provide each participating employee with all of the following:
(a) Notice of the percentage of the employee's wages that will be withheld and contributed on behalf of the employee to an employee retirement plan unless the employee affirmatively elects not to participate in the plan;
(b) At least one opportunity each calendar quarter to select investments for the employee's contributions between investment alternatives available under the plan;
(c) A description of every investment alternative available for employee investment direction under the plan;
(d) Notice of the default investment decisions that will be made in the absence of the employee's direction;
(e) A brief description of available procedures that allow an employee to change investments;
(f) A report, at least once a year, of the actual default investments made of contributions attributable to the employee.
(3) An employer that creates or implements a program described in division (B) of this section shall provide its participating employees with reasonable opportunities to affirmatively elect not to participate in the program and not have wages withheld under the program. An affirmative election not to participate in a program shall be effective as soon after the employer receives the election as is administratively feasible.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.81 | Collective Bargaining.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The state shall not engage in collective bargaining with individuals who are excluded from coverage under Chapter 4117. of the Revised Code and the "National Labor Relations Act of 1935," 49 Stat. 449, 29 U.S.C. 151, as amended. This section does not apply with respect to individuals who are exempt from Chapter 4117. of the Revised Code pursuant to division (C) of section 4117.01 of the Revised Code but with whom the state may collectively bargain pursuant to division (C) of section 4117.03 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4113 | Miscellaneous Labor Provisions › Section 4113.99 | Penalty.

Effective:
January 1, 1974
Latest Legislation:
House Bill 581 - 110th General Assembly
(A) Whoever violates section 4113.15 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 4113.16, 4113.18, or 4113.19 of the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 4113.17 of the Revised Code is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor in the fourth degree.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.02 | Maximum Consecutive Hours for Firemen on Duty.

Effective:
November 19, 1969
Latest Legislation:
Senate Bill 69 - 108th General Assembly
The chief of the fire department of each municipal corporation, township, or fire district employing three or more full-time paid firemen, unless exempt under this section, shall divide the uniform force into not less than two platoons, and where the uniform force is so divided into two platoons the said chief shall keep a platoon of the uniform force on duty twenty-four consecutive hours, after which the platoon serving twenty-four hours shall be allowed to remain off duty for at least twenty-four consecutive hours, except in cases of extraordinary emergency. Each individual member of the platoons in addition to receiving a minimum of twenty-four hours off duty in each period of forty-eight hours shall receive an additional period of twenty-four consecutive hours off duty in each period of eight days so that no individual member shall be on duty more than a total of seventy-two hours in any period of eight days. The chief shall arrange the schedule of working hours to comply with this section. The chief may, however, in cases of sickness, death, or on other necessary occasions, permit the exchange of working hours between members of the department. In each municipal corporation, township, and fire district all employees of the fire department shall be given not less than two weeks' leave of absence annually, with full pay. This section insofar as it relates to off duty periods does not apply to any municipal corporation, township, or fire district that adopts a forty-hour week or to any municipal corporation, township, or fire district which has a three platoon system the members of which work twenty-four consecutive hours immediately followed by forty-eight consecutive hours off duty, but the provisions relating to the two weeks' leave of absence do apply.
"Full-time paid firemen" as used in this section does not include volunteer firemen, or firemen who work part-time.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.031 | Discharge of Obligation of Contractor or Subcontractor.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the director of commerce, insofar as Chapter 4115. of the Revised Code is concerned, may be discharged by the making of payments in cash, by the making of contributions of a type referred to in division (E)(2) of section 4115.03 of the Revised Code or by the assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to in division (E)(3) of section 4115.03 of the Revised Code, or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in division (E)(1) plus the rates referred to in divisions (E)(2) and (3) of section 4115.03 of the Revised Code.
In determining the overtime pay to which the laborer or mechanic is entitled under any federal or state law, the person's regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation is computed) shall be deemed to be the rate computed under division (E)(1) of section 4115.03 of the Revised Code, except that where the amount of payments, contributions, or costs incurred with respect to that person exceeds the prevailing wage applicable to the person under Chapter 4115. of the Revised Code, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to the person, the amount of contributions or costs of the types described in divisions (E)(2) and (3) actually incurred with respect to the person, or the amount determined under divisions (E)(2) and (3) of section 4115.03 of the Revised Code but not actually paid, whichever amount is the greater.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.033 | Subdividing Public Improvement Projects.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
No public authority shall subdivide a public improvement project into component parts or projects, the cost of which is fairly estimated to be less than the threshold levels set forth in division (B) of section 4115.03 of the Revised Code, unless the projects are conceptually separate and unrelated to each other, or encompass independent and unrelated needs of the public authority.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.034 | Adjusting Threshold Levels for Public Improvement Projects.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
On January 1, 1996, and the first day of January of every even-numbered year thereafter, the director of commerce shall adjust the threshold levels for which public improvement projects are subject to sections 4115.03 to 4115.16 of the Revised Code as set forth in divisions (B)(3) and (4) of section 4115.03 of the Revised Code. The director shall adjust those amounts according to the average increase or decrease for each of the two years immediately preceding the adjustment as set forth in the construction cost index published by the engineering news-record or, should that index cease to be published, a similar recognized industry index chosen by the director, provided that no increase or decrease for any year shall exceed three per cent of the threshold level in existence at the time of the adjustment.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.06 | Contract to Contain Provision Requiring Payment of Certain Wage Rate.

Effective:
August 25, 1976
Latest Legislation:
House Bill 1304 - 111th General Assembly
In all cases where any public authority fixes a prevailing rate of wages under section 4115.04 of the Revised Code, and the work is done by contract, the contract executed between the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his subcontractors to pay a rate of wages which shall not be less than the rate of wages so fixed. The successful bidder and all his subcontractors shall comply strictly with the wage provisions of the contract.
Where a public authority constructs a public improvement with its own forces, such public authority shall pay a rate of wages which shall not be less than the rate of wages fixed as provided in section 4115.04 of the Revised Code, except in those instances provided for in sections 723.52, 5517.02, 5575.01, and 5543.19 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.07 | Full Payment of Wages - Records.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
All contractors and subcontractors required by sections 4115.03 to 4115.16 of the Revised Code, and the action of any public authority to pay not less than the prevailing rate of wages shall make full payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description. This section does not apply where the employer and employee enter into an agreement in writing at the beginning of any term of employment covering deductions for food, sleeping accommodations, or other similar item, provided such agreement is submitted by the employer to the public authority fixing the rate of wages and is approved by such public authority as fair and reasonable.
All contractors or subcontractors falling within or affected by sections 4115.03 to 4115.16 of the Revised Code, shall keep full and accurate payroll records with respect to wages paid each employee and the number of hours worked by each employee, covering all disbursements of wages to their employees to whom they are required to pay not less than the prevailing rate of wages. Such payroll records shall be open to inspection by any authorized representative of the contracting public authority, including the prevailing wage coordinator or the director of commerce at any reasonable time and as often as may be necessary, and such records shall not be destroyed or removed from the state for the period of one year following the completion of the public improvement in connection with which the records are made. There shall be posted in a prominent and accessible place on the site of the work a legible statement of the schedule of wage rates specified in the contract to the various classifications of laborers, workers, and mechanics employed, said statement to remain posted during the life of each contract.
Each contractor or subcontractor shall file with the contracting public authority upon completion of the public improvement and prior to final payment therefor an affidavit stating that the contractor or subcontractor has fully complied with sections 4115.03 to 4115.16 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.08 | Failure to Ascertain Prevailing Rates of Wages.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
No public official, authorized to contract for or construct with the official's own forces a public improvement, shall fail, before advertising for bids or undertaking such construction with those forces, to have the director of commerce determine the prevailing rates of wages of mechanics and laborers for the class of work called for by the public improvement in the locality where the work is to be performed, as provided in section 4115.04 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.09 | Awarding of Contract Without Ascertaining Prevailing Rates of Wages.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
No member of a public board, commission, or other public authority authorized to contract for or construct with its own forces a public improvement, shall vote for the award of any contract for the construction of such improvement, or vote for the disbursement of any funds on account of the construction of such public improvement, unless such public authority has first had the director of commerce determine the prevailing rates of wages of mechanics and laborers for the class of work called for by such public improvement in the locality where the work is to be performed, as provided in section 4115.04 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.101 | Prevailing Wage Custodial Fund.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
There is hereby created the prevailing wage custodial fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The director of commerce shall deposit to the fund all money paid by employers to the director that are held in trust for employees to whom prevailing wages are due and owing. The director shall make disbursements from the fund in accordance with this chapter to employees affected by violations of this chapter. If the director determines that any funds in the prevailing wage custodial fund are not returnable to employees as required under this section, then the director shall certify to the treasurer of state the amount of the funds that are not returnable. Upon the receipt of a certification from the director in accordance with this section, the treasurer of state shall transfer the certified amount of the funds from the prevailing wage custodial fund to the industrial compliance operating fund.