Both Ohio and federal law have minimum wage protections for employees. But Ohio’s protections are a bit different than federal law. If your employer hasn’t paid the wage you are owed, call an FLSA attorney at Bolek Besser Glesius for a free consultation.
Under federal law, the minimum wage is governed by the Fair Labor Standards Act. In Ohio, there are both statutory and constitutional wage laws. Ohio Revised Code Chapter 4111 provides the statutory protections. In 2006, Ohio voters passed a minimum wage amendment to the Ohio Constitution. As a result, Article II Section 34(a) of the Ohio Constitution also requires employers to pay a minimum wage and increases that amount annually the rate of inflation.
On January 1, 2023, Ohio’s minimum wage increased to $10.10 per hour for non-tipped employees and $5.05 per hour for tipped employees. These minimum wages apply to businesses that gross more than $372,000 annually. For employers with revenues under $371,000, the Ohio minimum wage is tied to the federal minimum wage. Currently, that is $7.25 per hour.
Not every employee is entitled to minimum wage. There are some exemptions from the federal and Ohio requirements. In Ohio, these exemptions include:
- Employees of the United States government.
- Baby-sitters and live-in caretakers.
- Outside sales employees who are paid by commissions.
- Volunteers for a public entity.
- Volunteers at a hospital or other health-care provider.
- Employees at non-profit youth camps.
- Employees of a family-owned-and-operated business who are related to the owners.
Am I entitled to overtime pay in Ohio?
If an employee is entitled to minimum wage, they are also entitled to overtime pay once they work more than 40 hours in a week. Under the FLSA and Ohio law, employers must pay eligible employees one-and-a-half times their usual hourly rate for every overtime hour worked. That means employees who usually earn the minimum wage are entitled to 1.5 times their wage for the hours worked over 40 in a week. But as with the minimum wage, not every employee is entitled to overtime pay. The wage laws exclude a wide range of employees from the overtime pay laws.
Ohio FLSA Attorney
Even if the wage and overtime laws don’t apply, there may be other legal claims Ohio’s can bring against their employers who fail to pay what the employee is owed. No matter what law might apply, the best way to understand and protect your rights is to consult and FLSA attorney. If you have questions about your rights, call Bolek Besser Glesius for a free consultation.