Ohio employment law overview

Ohio has laws that provide greater protections to employees than federal law, including antidiscrimination requirements and health care continuation coverage obligations for smaller employers and a higher minimum wage, but generally follows federal law with respect to topics such as overtime pay and occupational safety. 

Select Ohio employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Ohio employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Ohio Civil Rights Act prohibits employers with four or more employees from discriminating on the basis of protected characteristics, including: 

• Race; 
• Color; 
• Religion; 
• Sex (including pregnancy, childbirth and related medical conditions); 
• Military status; 
• National origin; 
• Disability; 
• Age; and 
• Ancestry. 

The law also prohibits employers from retaliating against any person because he or she: 

• Opposes any unlawful discriminatory practice; 
• Makes a charge; or 
• Testifies, assists or participates in any manner in any investigation, proceeding or hearing. 

Equal pay 

Under Ohio law, an employer is prohibited from discriminating in the payment of wages on the basis of: 

• Race; 
• Color; 
• Religion; 
• Sex; 
• Age; 
• National origin; and 
• Ancestry. 

However, payment at a different rate for equal work is allowed if based on a: 

• Seniority system; 
• Merit system; 
• System that measures earnings by the quantity or quality of production; or 
• Factor other than race, color, religion, sex, age, national origin or ancestry. 

Pay transparency 

Ohio does not have a state pay transparency law applicable to private employers.  

Salary history inquiry restrictions 

Ohio does not restrict an employer from inquiring into or relying upon an applicant’s salary history.  

Employee wage disclosure rights 

Ohio does not have a wage disclosure law applicable to private employers.   

Pregnancy accommodation 

Ohio does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Ohio does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Ohio law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

In Ohio, an employee is protected from adverse employment action for reporting an employer’s or co-worker’s violation of any local, state or federal statute, ordinance or regulation that the employee reasonably believes is a criminal offense that: 

• Is likely to cause an imminent risk of physical harm to persons; 
• Is a hazard to public health or safety; 
• Is a felony; or 
• Is an improper solicitation for a contribution. 

The employee must notify the employer of the violation and provide a detailed written report. 

Scheduling 

Ohio does not have a scheduling law applicable to private employers. 

Recruiting and hiring

Ohio employers may be required to comply with requirements related to recruiting and hiring. 

Credit checks 

Ohio does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Ohio does not have a state ban-the-box or fair chance law applicable to private employers.

E-Verify

The E-Verify Workforce Integrity Act requires nonresidential construction contractors, subcontractors and labor brokers to verify the employment eligibility of each employee hired to perform work on a nonresidential construction project through the E-Verify program.

Wage and hour 

Ohio employers may be required to comply with certain wage and hour requirements.

Minimum wage 

Employers with annual gross receipts of $405,000 or more must pay their nonexempt employees a minimum wage of $11.00 per hour. The federal minimum wage applies to employers with annual gross receipts of less than $405,000. Exceptions apply for tipped employees and employees under age 16. 

Overtime 

Ohio law requires employers to pay employees overtime at a rate of one and one-half times the employee’s wage rate for hours worked in excess of 40 hours in one week in the manner provided for and subject to the exemptions of the federal Fair Labor Standards Act. Ohio’s overtime law specifically exempts employers with gross receipts of less than $150,000 per year. 

Meal and rest breaks 

Minors must be provided with a 30-minute break when working more than five consecutive hours. Employers need not compensate minors for this time, but must keep records of this time. 

Child labor 

Child labor laws in Ohio restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in occupations found to be hazardous or detrimental to the well-being of minors. Minors who are 14 and 15 years old are prohibited from working in additional occupations. 

With some exceptions, minors who are 14 or 15 years of age may not work: 

• During school hours; 
• Before 7 a.m.; 
• After 7 p.m. when school is in session (9 p.m. from June 1 to September 1 or during school holidays); 
• More than three hours in any school day; 
• More than eight hours in a nonschool day; 
• More than 18 hours in any week while school is in session; and 
• More than 40 hours in any week while school is not in session. 

When school is in session, minors who are 16 or 17 years old and who are required to attend school under Ohio law may not be employed: 

• Before 7:00 a.m. (6 a.m. if the minor was not employed after 8:00 p.m. the night before); and 
• After 11:00 p.m. on any night preceding a school day. 

Pay and benefits 

Ohio employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Ohio employers may pay employees in cash or with checks drawn on banks convertible into cash on demand at full face value. 

Pay frequency and lag time 

Employees in Ohio must be paid at least semimonthly. Longer periods, such as monthly, are permitted under certain circumstances. 

Pay deductions 

An employer may make deductions from employees’ wages under limited circumstances, including: 

• For federal, state or local taxes; 
• According to a court order; 
• According to a written agreement to provide the employee with certain benefits; and 
• With the employee’s written authorization. 

Other deductions require approval from the state. 

Authorized employee deductions include, but are not limited to, the following: 

• Purchases of US savings bonds, corporate stocks or bonds; 
• Contributions to charity; 
• Savings programs (credit union or other regular savings programs); or 
• Loan or other obligation repayment. 

An employer may not deduct or retain the employee’s wages, or a part of wages, for wares, tools or machinery that are destroyed or damaged. 

Pay statements 

For each pay period and on regular paydays, Ohio employers must provide employees with written pay statements or at least access to them (e.g., the law permits them to be provided electronically). The pay statements must include the: 

• Employer’s name; 
• Employee’s name and address; 
• Total gross wages earned by the employee during the pay period; 
• Total net wages paid to the employee for the pay period; 
• A list of the amount and purpose of each addition to or deduction from the employee’s wages paid for the pay period; and 
• Date the employee was paid and the pay period covered by that payment. 

Additional requirements exist for hourly employees. 

Wage theft 

Ohio does not have a state wage theft law applicable to private employers.  

Health care continuation 

Eligible employees and their covered dependents who lose group health care coverage due to the employee’s involuntary termination (other than for gross misconduct) are entitled to elect continuation coverage for up to 12 months. 

Temporary disability insurance 

Ohio does not have requirements for private employers related to temporary disability insurance.   

Time off and leaves of absence 

Ohio employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Ohio does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Ohio does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Ohio has laws related to time off and leaves of absence, including but not limited to: 

• Family military leave; 
• Emergency responder leave; 
• Voting/election official leave; 
• Jury duty leave; 
• Witness leave; 
• Crime victim leave; and 
• Military leave. 

Health and safety 

Ohio employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Private sector employers in Ohio fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing 

Ohio does not have a law that specifically governs workplace drug and alcohol testing by private sector employers. Therefore, employers are free to establish their own drug and alcohol testing policies as long as the testing program and subsequent actions based on test results comply with the ADA, the Ohio Civil Rights Act, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

The Smoke Free Workplace Act forbids smoking in all workplaces and requires employers to post “No Smoking” signs at all entrances. 

Weapons in the workplace 

An employer is permitted to ban guns and weapons in the workplace. However, an employer may not prohibit an employee from carrying or storing firearms in the trunk, glove compartment or other enclosed container within his or her private, locked vehicle. 

Safe driving practices 

Ohio prohibits driving a vehicle while writing, sending or reading a text-based communication on a handheld electronic wireless communications device. 

Organizational exit 

Ohio employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Employees who voluntarily or involuntarily leave employment must be paid final wages by the next regular payday. 

An employer must honor company policy that requires the value of accrued vacation time to be paid to a terminating employee. 

An employer must pay all wages due to a deceased employee at any time after the employee’s death provided no letters testamentary or letters of administration have been issued against the estate. Payment made be made to the employee’s relatives in a certain order, beginning with his or her spouse. 

Mass layoffs 

The Ohio WARN Act requires covered employers to provide 60 days’ written notice of a plant closing or mass layoff. Many of the law’s requirements mirror the federal Worker Adjustment and Retraining Notification Act (WARN Act), but employers should be aware that the state law differs in some areas, such as requiring additional information that must be included in the notification. 

Under the state’s unemployment compensation law, an Ohio employer that lays off 50 or more employees in any seven-day period due to lack of work must notify the state at least three working days before the first day of the layoff. 

AI in employment 

Ohio does not have a law related to AI in employment applicable to private employers.