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Ohio
Wage Rates
§ 4111.02
Text of Statute
 
(A) Every employer shall pay each of his employees at a wage rate of not less than three dollars and eighty cents per hour beginning on September 25, 1990, and not less than four dollars and twenty-five cents an hour after March 31, 1991, except as otherwise provided in this section.
(B) Students enrolled in cooperative vocational education programs approved by the state board of education may be employed at a learner wage rate equal to eighty per cent of the applicable minimum wage for a period not to exceed one hundred eighty days each year from the date of employment as a student in the vocational program.
 
(C) Every employer shall pay each employee in agriculture at a wage rate not less than three dollars and eighty cents per hour beginning on September 25, 1990, and four dollars and twenty-five cents per hour after March 31, 1991. This provision does not apply to any employee employed in agriculture if the employee: (1)(a) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (b) commutes daily from his permanent residence to the farm on which he is so employed, and (c) has been employed in agriculture less than thirteen weeks during the preceding calendar year, or (2)(a) is sixteen years of age or under, is employed as a hand harvest laborer, and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been paid on a piece rate basis in the region of employment, (b) is employed on the same farm as his parent or person standing in the place of his parent, and (c) is paid at the same piece rate as employees over age sixteen are paid on the same farm. Such employees shall be paid no less than the amount specified in division (E) of this section.
 
(D) For any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars per month in tips from patrons or others, the employer may pay as a minimum fifty-five per cent of the wage prescribed in division (A) of this section beginning on September 25, 1990, and fifty per cent of such wage after March 31, 1991, if all the following occur: (1) the tips or gratuities are proven gratuities as indicated by the employee's declaration for federal insurance contribution act purposes, (2) the employer can establish by his records that for each week where credit is taken, when adding tips received to wages paid, not less than the minimum rate prescribed in division (A) of this section was received by the employee, and (3) the employee was informed by the employer of the provisions of this division. No employer shall use all or part of any tips or gratuities received by employees toward the payment of the statutory minimum hourly wage as required by this division. Nothing prevents employees from entering into an agreement to divide tips or gratuities among themselves.
 
(E) Notwithstanding the definition of "employer" in division (C) of section 4111.01 of the Revised Code that exempts certain employers from the operation of this chapter, every employer with less than one hundred fifty thousand dollars gross annual sales shall pay at least two dollars and fifty cents per hour in wages beginning on September 25, 1990, and two dollars and eighty cents per hour in wages after March 31, 1991, to all employees except for those employees who meet the requirements of division (D) of this section, in which event, the employer may pay the wage as specified in division (G) of this section for tipped employees.
 
(F) Any employer defined as an enterprise under division (s) of section 3 of the federal "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 203(s), that on March 31, 1990, was subject to division (a)(1) of section 6 of such act, 52 Stat. 1062, 29 U.S.C.A. 206 (a)(1), and that because of the amendment made by subsection (a) of section 3 of the federal "Fair Labor Standards Act Amendments of 1989," P.L. 101-157, is not subject to division (a)(1) of section (6)(a)(1), shall pay its employees:
 
(1) Not less than two dollars and eighty-two cents an hour beginning on September 25, 1990, except for those employees who meet the requirements of division (D) of this section, in which event the employer shall pay not less than one dollar and fifty-eight cents an hour and, after March 31, 1991, not less than the minimum wage in effect under section 3 of the federal "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 203 as that section existed on March 31, 1990; and
 
(2) In accordance with section 7 of the federal "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207.
 
(G) Any employer whose annual gross volume of sales made or business done is less than the dollar amounts specified in division (s) of section 3 of the federal "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 203 (s), as that section existed on March 31, 1990, but whose gross annual sales is at least one hundred fifty thousand dollars, shall pay:
 
(1) Not less than three dollars and thirty-five cents an hour beginning on September 25, 1990, to all employees except for those employees who meet the requirements of division (D) of this section, in which event, the employer shall pay not less than two dollars and one cent an hour beginning on September 25, 1990; and
 
(2) In accordance with section 7 of the federal "Fair Labor Standards Act of 1938," 52 Stat. 1060[,] U.S.C.A. 207
 
HISTORY: 135 v H 201 (Eff 1-1-74); 136 v H 1050 (Eff 8-20-76); 143 v H 446 (Eff 9-25-90); 145 v S 134. Eff 6-20-94.
Not analogous to former RC § 4111.02 (GC § 154-45f; 115 v 503; Bureau of Code Revision, 10-1-53) repealed 135 v H 201, § 2, eff 1-1-74.
 
 
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