Bill Text: OH HB502 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the state minimum wage to ten dollars and ten cents an hour beginning January 1, 2015.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-03-25 - To Commerce, Labor and Technology [HB502 Detail]

Download: Ohio-2013-HB502-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 502

Representatives Foley, Hagan, R. 

Cosponsors: Representatives Williams, Driehaus, Mallory, Ramos, Lundy, Boyce, Antonio 

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A BILL

To amend sections 4111.02, 4111.09, and 4111.14 and

1

to repeal section 4111.07 of the Revised Code to

2

increase the state minimum wage to ten dollars and

3

ten cents an hour beginning January 1, 2015.

4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4111.02, 4111.09, and 4111.14 of	5
the Revised Code be amended to read as follows:	6

Sec. 4111.02. Every(A)(1) Except as otherwise provided in	7
division (A)(2) of this section, beginning January 1, 2015, every	8
employer, as defined in Section 34a of Article II, Ohio	9
Constitution, shall pay each of the employer's employees at a wage	10
rate of not less than the wage rate specified in Section 34a of	11
Article II, Ohio Constitutionten dollars and ten cents per hour.	12

(2) If an employer is able to demonstrate that an employee	13
receives tips that combined with the wages paid by the employer	14
are equal to or greater than the minimum wage rate for all hours	15
worked, the employer may pay the employee at a rate of less than,	16
but not less than half, the minimum wage rate required by division	17
(A)(1) of this section.	18

(B) The director of commerce annually shall adjust the wage	19
rate as specified in division (A)(1) of this section in accordance	20
with Section 34a of Article II, Ohio Constitution.	21

(C) As used in this section, "employee" has the same meaning	22
as in section 4111.14 of the Revised Code.	23

Sec. 4111.09.  Every employer subject to sections 4111.01 to	24
4111.17 of the Revised Code, or to any rules issued thereunder,	25
shall keep a summary of the sections, approved by the director of	26
commerce, and copies of any applicable rules issued thereunder, or	27
a summary of the rules, posted in a conspicuous and accessible	28
place in or about the premises wherein any person subject thereto	29
is employed. The director of commerce shall make the summary	30
described in this section available on the web site of the	31
department of commerce. The director shall update this summary as	32
necessary, but not less than annually, in order to reflect changes	33
in the minimum wage rate as required under Section 34a of Article	34
II, Ohio Constitution and section 4111.02 of the Revised Code.	35
Employees and employers shall be furnished copies of the summaries	36
and rules by the state, on request, without charge.	37

Sec. 4111.14. (A) Pursuant to the general assembly's	38
authority to establish a minimum wage under Section 34 of Article	39
II, Ohio Constitution, this section is in implementation of	40
Section 34a of Article II, Ohio Constitution. In implementing	41
Section 34a of Article II, Ohio Constitution, the general assembly	42
hereby finds that the purpose of Section 34a of Article II, Ohio	43
Constitution, is to:	44

(1) Ensure that Ohio employees, as defined in division (B)(1)	45
of this section, are paid the wage rate required by section	46
4111.02 of the Revised Code in accordance with Section 34a of	47
Article II, Ohio Constitution;	48

(2) Ensure that covered Ohio employers maintain certain	49
records that are directly related to the enforcement of the wage	50
rate requirements inof Section 34a of Article II, Ohio	51
Constitution and section 4111.02 of the Revised Code;	52

(3) Ensure that Ohio employees who are paid the wage rate	53
required by Section 34a of Article II, Ohio Constitutionsection	54
4111.02 of the Revised Code, may enforce their right to receive	55
that wage rate in the manner set forth in Section 34a of Article	56
II, Ohio Constitution; and	57

(4) Protect the privacy of Ohio employees' pay and personal	58
information specified in Section 34a of Article II, Ohio	59
Constitution, by restricting an employee's access, and access by a	60
person acting on behalf of that employee, to the employee's own	61
pay and personal information.	62

(B) In accordance with Section 34a of Article II, Ohio	63
Constitution, the terms "employer," "employee," "employ,"	64
"person," and "independent contractor" have the same meanings as	65
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	66
U.S.C. 203, as amended. In construing the meaning of these terms,	67
due consideration and great weight shall be given to the United	68
States department of labor's and federal courts' interpretations	69
of those terms under the Fair Labor Standards Act and its	70
regulations. As used in division (B) of this section:	71

(1) "Employee" means individuals employed in Ohio, but does	72
not mean individuals who are excluded from the definition of	73
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	74
from the minimum wage requirements in 29 U.S.C. 213 and from the	75
definition of "employee" in this chapter.	76

(2) "Employ" and "employee" do not include any person acting	77
as a volunteer. In construing who is a volunteer, "volunteer"	78
shall have the same meaning as in sections 553.101 to 553.106 of	79
Title 29 of the Code of Federal Regulations, as amended, and due	80
consideration and great weight shall be given to the United States	81
department of labor's and federal courts' interpretations of the	82
term "volunteer" under the Fair Labor Standards Act and its	83
regulations.	84

(C) In accordance with Section 34a of Article II, Ohio	85
Constitution, the state may issue licenses to employers	86
authorizing payment of a wage below that required by Section 34a	87
of Article II, Ohio Constitution, or section 4111.02 of the	88
Revised Code to individuals with mental or physical disabilities	89
that may otherwise adversely affect their opportunity for	90
employment. In issuing such licenses, the state shall abide by the	91
rules adopted pursuant to section 4111.06 of the Revised Code.	92

(D)(1) In accordance with Section 34a of Article II, Ohio	93
Constitution, individuals employed in or about the property of an	94
employer or an individual's residence on a casual basis are not	95
included within the coverage of Section 34a of Article II, Ohio	96
Constitution. As used in division (D) of this section:	97

(a) "Casual basis" means employment that is irregular or	98
intermittent and that is not performed by an individual whose	99
vocation is to be employed in or about the property of the	100
employer or individual's residence. In construing who is employed	101
on a "casual basis," due consideration and great weight shall be	102
given to the United States department of labor's and federal	103
courts' interpretations of the term "casual basis" under the Fair	104
Labor Standards Act and its regulations.	105

(b) "An individual employed in or about the property of an	106
employer or individual's residence" means an individual employed	107
on a casual basis or an individual employed in or about a	108
residence on a casual basis, respectively.	109

(2) In accordance with Section 34a of Article II, Ohio	110
Constitution, employees of a solely family-owned and operated	111
business who are family members of an owner are not included	112
within the coverage of Section 34a of Article II, Ohio	113
Constitution. As used in division (D)(2) of this section, "family	114
member" means a parent, spouse, child, stepchild, sibling,	115
grandparent, grandchild, or other member of an owner's immediate	116
family.	117

(E) In accordance with Section 34a of Article II, Ohio	118
Constitution, an employer shall at the time of hire provide an	119
employee with the employer's name, address, telephone number, and	120
other contact information and update such information when it	121
changes. As used in division (E) of this section:	122

(1) "Other contact information" may include, where	123
applicable, the address of the employer's internet site on the	124
world wide web, the employer's electronic mail address, fax	125
number, or the name, address, and telephone number of the	126
employer's statutory agent. "Other contact information" does not	127
include the name, address, telephone number, fax number, internet	128
site address, or electronic mail address of any employee,	129
shareholder, officer, director, supervisor, manager, or other	130
individual employed by or associated with an employer.	131

(2) "When it changes" means that the employer shall provide	132
its employees with the change in its name, address, telephone	133
number, or other contact information within sixty business days	134
after the change occurs. The employer shall provide the changed	135
information by using any of its usual methods of communicating	136
with its employees, including, but not limited to, listing the	137
change on the employer's internet site on the world wide web,	138
internal computer network, or a bulletin board where it commonly	139
posts employee communications or by insertion or inclusion with	140
employees' paychecks or pay stubs.	141

(F) In accordance with Section 34a of Article II, Ohio	142
Constitution, an employer shall maintain a record of the name,	143
address, occupation, pay rate, hours worked for each day worked,	144
and each amount paid an employee for a period of not less than	145
three years following the last date the employee was employed by	146
that employer. As used in division (F) of this section:	147

(1) "Address" means an employee's home address as maintained	148
in the employer's personnel file or personnel database for that	149
employee.	150

(2)(a) With respect to employees who are not exempt from the	151
overtime pay requirements of the Fair Labor Standards Act or this	152
chapter, "pay rate" means an employee's base rate of pay.	153

(b) With respect to employees who are exempt from the	154
overtime pay requirements of the Fair Labor Standards Act or this	155
chapter, "pay rate" means an employee's annual base salary or	156
other rate of pay by which the particular employee qualifies for	157
that exemption under the Fair Labor Standards Act or this chapter,	158
but does not include bonuses, stock options, incentives, deferred	159
compensation, or any other similar form of compensation.	160

(3) "Record" means the name, address, occupation, pay rate,	161
hours worked for each day worked, and each amount paid an employee	162
in one or more documents, databases, or other paper or electronic	163
forms of record-keeping maintained by an employer. No one	164
particular method or form of maintaining such a record or records	165
is required under this division. An employer is not required to	166
create or maintain a single record containing only the employee's	167
name, address, occupation, pay rate, hours worked for each day	168
worked, and each amount paid an employee. An employer shall	169
maintain a record or records from which the employee or person	170
acting on behalf of that employee could reasonably review the	171
information requested by the employee or person.	172

An employer is not required to maintain the records specified	173
in division (F)(3) of this section for any period before January	174
1, 2007. On and after January 1, 2007, the employer shall maintain	175
the records required by division (F)(3) of this section for three	176
years from the date the hours were worked by the employee and for	177
three years after the date the employee's employment ends.	178

(4)(a) Except for individuals specified in division (F)(4)(b)	179
of this section, "hours worked for each day worked" means the	180
total amount of time worked by an employee in whatever increments	181
the employer uses for its payroll purposes during a day worked by	182
the employee. An employer is not required to keep a record of the	183
time of day an employee begins and ends work on any given day. As	184
used in division (F)(4) of this section, "day" means a fixed	185
period of twenty-four consecutive hours during which an employee	186
performs work for an employer.	187

(b) An employer is not required to keep records of "hours	188
worked for each day worked" for individuals for whom the employer	189
is not required to keep those records under the Fair Labor	190
Standards Act and its regulations or individuals who are not	191
subject to the overtime pay requirements specified in section	192
4111.03 of the Revised Code.	193

(5) "Each amount paid an employee" means the total gross	194
wages paid to an employee for each pay period. As used in division	195
(F)(5) of this section, "pay period" means the period of time	196
designated by an employer to pay an employee the employee's gross	197
wages in accordance with the employer's payroll practices under	198
section 4113.15 of the Revised Code.	199

(G) In accordance with Section 34a of Article II, Ohio	200
Constitution, an employer must provide such information without	201
charge to an employee or person acting on behalf of an employee	202
upon request. As used in division (G) of this section:	203

(1) "Such information" means the name, address, occupation,	204
pay rate, hours worked for each day worked, and each amount paid	205
for the specific employee who has requested that specific	206
employee's own information and does not include the name, address,	207
occupation, pay rate, hours worked for each day worked, or each	208
amount paid of any other employee of the employer. "Such	209
information" does not include hours worked for each day worked by	210
individuals for whom an employer is not required to keep that	211
information under the Fair Labor Standards Act and its regulations	212
or individuals who are not subject to the overtime pay	213
requirements specified in section 4111.03 of the Revised Code.	214

(2) "Acting on behalf of an employee" means a person acting	215
on behalf of an employee as any of the following:	216

(a) The certified or legally recognized collective bargaining	217
representative for that employee under the applicable federal law	218
or Chapter 4117. of the Revised Code;	219

(b) The employee's attorney;

220

(c) The employee's parent, guardian, or legal custodian.

221

A person "acting on behalf of an employee" must be	222
specifically authorized by an employee in order to make a request	223
for that employee's own name, address, occupation, pay rate, hours	224
worked for each day worked, and each amount paid to that employee.	225

(3) "Provide" means that an employer shall provide the	226
requested information within thirty business days after the date	227
the employer receives the request, unless either of the following	228
occurs:	229

(a) The employer and the employee or person acting on behalf	230
of the employee agree to some alternative time period for	231
providing the information.	232

(b) The thirty-day period would cause a hardship on the	233
employer under the circumstances, in which case the employer must	234
provide the requested information as soon as practicable.	235

(4) A "request" made by an employee or a person acting on	236
behalf of an employee means a request by an employee or a person	237
acting on behalf of an employee for the employee's own	238
information. The employer may require that the employee provide	239
the employer with a written request that has been signed by the	240
employee and notarized and that reasonably specifies the	241
particular information being requested. The employer may require	242
that the person acting on behalf of an employee provide the	243
employer with a written request that has been signed by the	244
employee whose information is being requested and notarized and	245
that reasonably specifies the particular information being	246
requested.	247

(H) In accordance with Section 34a of Article II, Ohio	248
Constitution, an employee, person acting on behalf of one or more	249
employees, and any other interested party may file a complaint	250
with the state for a violation of any provision of Section 34a of	251
Article II, Ohio Constitution, or any law or regulation	252
implementing its provisions. Such complaint shall be promptly	253
investigated and resolved by the state. The employee's name shall	254
be kept confidential unless disclosure is necessary to resolution	255
of a complaint and the employee consents to disclosure. As used in	256
division (H) of this section:	257

(1) "Complaint" means a complaint of an alleged violation	258
pertaining to harm suffered by the employee filing the complaint,	259
by a person acting on behalf of one or more employees, or by an	260
interested party.	261

(2) "Acting on behalf of one or more employees" has the same	262
meaning as "acting on behalf of an employee" in division (G)(2) of	263
this section. Each employee must provide a separate written and	264
notarized authorization before the person acting on that	265
employee's or those employees' behalf may request the name,	266
address, occupation, pay rate, hours worked for each day worked,	267
and each amount paid for the particular employee.	268

(3) "Interested party" means a party who alleges to be	269
injured by the alleged violation and who has standing to file a	270
complaint under common law principles of standing.	271

(4) "Resolved by the state" means that the complaint has been	272
resolved to the satisfaction of the state.	273

(5) "Shall be kept confidential" means that the state shall	274
keep the name of the employee confidential as required by division	275
(H) of this section.	276

(I) In accordance with Section 34a of Article II, Ohio	277
Constitution, the state may on its own initiative investigate an	278
employer's compliance with Section 34a of Article II, Ohio	279
Constitution, and any law or regulation implementing Section 34a	280
of Article II, Ohio Constitution. The employer shall make	281
available to the state any records related to such investigation	282
and other information required for enforcement of Section 34a of	283
Article II, Ohio Constitution or any law or regulation	284
implementing Section 34a of Article II, Ohio Constitution. The	285
state shall investigate an employer's compliance with this section	286
in accordance with the procedures described in section 4111.04 of	287
the Revised Code. All records and information related to	288
investigations by the state are confidential and are not a public	289
record subject to section 149.43 of the Revised Code. This	290
division does not prevent the state from releasing to or	291
exchanging with other state and federal wage and hour regulatory	292
authorities information related to investigations.	293

(J) In accordance with Section 34a of Article II, Ohio	294
Constitution, damages shall be calculated as an additional two	295
times the amount of the back wages and in the case of a violation	296
of an anti-retaliation provision an amount set by the state or	297
court sufficient to compensate the employee and deter future	298
violations, but not less than one hundred fifty dollars for each	299
day that the violation continued. The "not less than one hundred	300
fifty dollar" penalty specified in division (J) of this section	301
shall be imposed only for violations of the anti-retaliation	302
provision in Section 34a of Article II, Ohio Constitution.	303

(K) In accordance with Section 34a of Article II, Ohio	304
Constitution, an action for equitable and monetary relief may be	305
brought against an employer by the attorney general and/or an	306
employee or person acting on behalf of an employee or all	307
similarly situated employees in any court of competent	308
jurisdiction, including the court of common pleas of an employee's	309
county of residence, for any violation of Section 34a of Article	310
II, Ohio Constitution, or any law or regulation implementing its	311
provisions within three years of the violation or of when the	312
violation ceased if it was of a continuing nature, or within one	313
year after notification to the employee of final disposition by	314
the state of a complaint for the same violation, whichever is	315
later.	316

(1) As used in division (K) of this section, "notification"	317
means the date on which the notice was sent to the employee by the	318
state.	319

(2) No employee shall join as a party plaintiff in any civil	320
action that is brought under division (K) of this section by an	321
employee, person acting on behalf of an employee, or person acting	322
on behalf of all similarly situated employees unless that employee	323
first gives written consent to become such a party plaintiff and	324
that consent is filed with the court in which the action is	325
brought.	326

(3) A civil action regarding an alleged violation of this	327
section shall be maintained only under division (K) of this	328
section. This division does not preclude the joinder in a single	329
civil action of an action under this division and an action under	330
section 4111.10 of the Revised Code.	331

(4) Any agreement between an employee and employer to work	332
for less than the wage rate specified in Section 34a of Article	333
II, Ohio Constitutionsection 4111.02 of the Revised Code, is no	334
defense to an action under this section.	335

(L) In accordance with Section 34a of Article II, Ohio	336
Constitution, there shall be no exhaustion requirement, no	337
procedural, pleading, or burden of proof requirements beyond those	338
that apply generally to civil suits in order to maintain such	339
action and no liability for costs or attorney's fees on an	340
employee except upon a finding that such action was frivolous in	341
accordance with the same standards that apply generally in civil	342
suits. Nothing in division (L) of this section affects the right	343
of an employer and employee to agree to submit a dispute under	344
this section to alternative dispute resolution, including, but not	345
limited to, arbitration, in lieu of maintaining the civil suit	346
specified in division (K) of this section. Nothing in this	347
division limits the state's ability to investigate or enforce this	348
section.	349

(M) An employer who provides such information specified in	350
Section 34a of Article II, Ohio Constitution, shall be immune from	351
any civil liability for injury, death, or loss to person or	352
property that otherwise might be incurred or imposed as a result	353
of providing that information to an employee or person acting on	354
behalf of an employee in response to a request by the employee or	355
person, and the employer shall not be subject to the provisions of	356
Chapters 1347. and 1349. of the Revised Code to the extent that	357
such provisions would otherwise apply. As used in division (M) of	358
this section, "such information," "acting on behalf of an	359
employee," and "request" have the same meanings as in division (G)	360
of this section.	361

(N) As used in this section, "the state" means the director	362
of commerce.	363

Section 2.  That existing sections 4111.02, 4111.09, and	364
4111.14 and section 4111.07 of the Revised Code are hereby	365
repealed.	366