Labor E-Bulletin - Issues 2 and 5: New Requirements for Employers in Ohio
November 8, 2006
Ohio Issues 2 and 5, approved by the voters yesterday, have significant consequences.
Issue 5 amends the Ohio Revised Code, putting into effect smoking bans in “public places” as well as “places of employment.” The "place of employment" provisions of the amendments are applicable to employers of one or more employees. Of particular significance, Section 3794.02 (A) and (B) of the Revised Code, as amended, states:
Issue 2 amends the Ohio constitution. In addition to raising the minimum wage in Ohio, it has remarkable record keeping and disclosure provisions. These include maintenance of a record of the "name, address, occupation, pay rate, hours worked for each day worked and each amount paid to an employee …" The constitution does not state any exceptions to these requirements, such as for executive, administrative and professional employees who are exempt from time and one-half overtime provisions of the Fair Labor Standards Act.
This information "shall be provided without charge to an employee or person acting on behalf of an employee upon request."
The constitution now has provisions for enforcement "by the state" or through the courts in lawsuits brought by the attorney general or private lawsuits by "an employee or person acting on behalf of an employee or all similarly situated employees." Injunctions and attorney fees are available to plaintiff employees. Lost pay and double damages are available if nonpayment of the minimum wage is involved or if it is an action for retaliation.
The employer must decide initially how it will respond to the record keeping requirements including the requirement to maintain the "hours worked for each day worked," particularly when executives, administrative, and professional employees are involved.
An issue that could arise at any time: Should there be a request by an employee or by a person purportedly acting on behalf of an employee such as a plaintiff's lawyer, a union lawyer, or a union agent for names, addresses, pay rates, hours worked, etc., how should the employer respond?
There are various other issues of compliance as well as of possible privacy, due process, and preemption issues.
As for the Ohio minimum wage itself, it rises to $6.85 on January 1, 2007, and is to be adjusted annually thereafter by the rate of inflation.
We will be conducting seminars, including our seminars in Cleveland on December 7 and in Cincinnati on December 8, which will now include Issues 2 and 5.
Issue 5 amends the Ohio Revised Code, putting into effect smoking bans in “public places” as well as “places of employment.” The "place of employment" provisions of the amendments are applicable to employers of one or more employees. Of particular significance, Section 3794.02 (A) and (B) of the Revised Code, as amended, states:
(A) [No employer] shall permit smoking in the … place of employment or in the areas directly or indirectly under the control of the [employer] immediately adjacent to locations of ingress or egress to the … place of employment.There are enforcement provisions involving the Department of Health. Very few exemptions are provided.
(B) [The employer] … shall insure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.
Issue 2 amends the Ohio constitution. In addition to raising the minimum wage in Ohio, it has remarkable record keeping and disclosure provisions. These include maintenance of a record of the "name, address, occupation, pay rate, hours worked for each day worked and each amount paid to an employee …" The constitution does not state any exceptions to these requirements, such as for executive, administrative and professional employees who are exempt from time and one-half overtime provisions of the Fair Labor Standards Act.
This information "shall be provided without charge to an employee or person acting on behalf of an employee upon request."
The constitution now has provisions for enforcement "by the state" or through the courts in lawsuits brought by the attorney general or private lawsuits by "an employee or person acting on behalf of an employee or all similarly situated employees." Injunctions and attorney fees are available to plaintiff employees. Lost pay and double damages are available if nonpayment of the minimum wage is involved or if it is an action for retaliation.
The employer must decide initially how it will respond to the record keeping requirements including the requirement to maintain the "hours worked for each day worked," particularly when executives, administrative, and professional employees are involved.
An issue that could arise at any time: Should there be a request by an employee or by a person purportedly acting on behalf of an employee such as a plaintiff's lawyer, a union lawyer, or a union agent for names, addresses, pay rates, hours worked, etc., how should the employer respond?
There are various other issues of compliance as well as of possible privacy, due process, and preemption issues.
As for the Ohio minimum wage itself, it rises to $6.85 on January 1, 2007, and is to be adjusted annually thereafter by the rate of inflation.
We will be conducting seminars, including our seminars in Cleveland on December 7 and in Cincinnati on December 8, which will now include Issues 2 and 5.
