Ohio has enacted state laws to extend the rights of workers and employers statewide beyond the protection provided by federal laws. Thus, employees in Ohio should educate themselves about both federal and state labor laws in order to know about all of their rights.
Is There a Difference between Part-Time and Full-Time in Ohio?
Ohio labor laws do not clearly define full or part-time employment for private employers in the state, so an employer can decide what factors make an employee full- or part-time. This means there may be disputes about an employee’s status and rights under the law.
What Is Ohio’s Minimum Wage?
The Fair Labor Standards Act (FLSA) is a federal law regulating employee wages and hours. Under the FLSA, the federal minimum wage is $7.25. In Ohio, small employers can pay the federal minimum wage, but Ohio state law requires a minimum wage of $8.15 per hour for employers whose gross receipts are greater than $292,000. For tipped employees, the minimum wage is $4.08 per hour, as long as the employee receives enough tips to bring the total hourly wage up to the state minimum wage. Some employers are exempt from paying minimum wage, including babysitters, volunteers of nonprofit organizations, and outside salespersons paid by commission.
The general rule is that an employer in Ohio must pay non-exempt employees time and one-half overtime pay based on the employee’s regular rate of pay for all hours worked over 40 hours in a pre-established work week. However, there are exceptions to this rule. An employer is not required to pay overtime to “exempt” employees who fit into categories of executive, administrative, or professional roles. Additionally, in Ohio, the overtime requirement does not apply to employers grossing less than $150,000 per year.
Ohio does not require all employees to receive health benefits. The Affordable Care Act (ACA), on the other hand, requires any employer with at least 50 full-time employees to provide health insurance to at least 95% of the company’s full-time employees. Additionally, employers must also offer health insurance to any dependents of those employees who are 26 years old or younger.
Ohio employment is "at-will". This means an employment relationship can be changed for any reason – even one that seems unfair or demeaning – as long as the reason for the employer’s treatment for a discriminatory or illegal reason. In Ohio, it illegal for any employer to discriminate on the basis of race, ancestry, gender, disability, color, gender, age, or religion. When an employee is fired because of discrimination, they can sue for wrongful termination under state law and/or file a claim under the protection of federal law.
Ohio does not have state laws requiring employers to provide employees with paid or unpaid sick leave. The only leave benefits for an employee are those required by the federal Family Medical Leave Act (FMLA), which only applies to employers with at least 50 employees. Apart from the benefits offered by the FMLA, any time off in Ohio is up to the employer’s discretion. The exception to this occurs when an employer implements a written policy or employment contract guaranteeing time off requirements.
Where Can I Find an Employment Lawyer to Help Me?
Employment rights violations are difficult to deal with on your own, even though it is always important for you to stand up for your rights. If you are concerned that you are not getting the rights guaranteed to you by Ohio state and federal laws, then contact an Ohio employment lawyer immediately.