Filing a Wage and Hour Claim – Ohio

1. Does Ohio have state overtime laws that are different from federal law?

Under Ohio law, overtime shall be paid at one and one-half the employee’s wage rate for hours worked over 40 in a pre-established work week, consisting of not more than seven consecutive days. This overtime requirement does not apply to employers who gross less than $150,000 per year.

2. Does Ohio have a minimum wage that is different from federal law?

 The minimum wage for non-tipped employees is $10.70 per hour and $5.35 per hour for tipped employees. The minimum wage will apply to employees of businesses with annual gross receipts of more than $394,000 per year. See Ohio’s website for more information.

3. Does Ohio have meal and rest break requirements, unlike federal law?

Under Ohio law, the employer is not required to give lunch or restroom breaks. However, if the employee is under 18 years of age, an employer is required to give the employee a half hour break for every five hours worked.

4. How do I file a wage/hour or labor standards claim in Ohio?

The Ohio Department of Commerce’s Division of Labor and Worker Safety, Wage and Hour Bureau handles wage and hour complaints. There are separate forms for filing a minimum wage complaint and for filing a prevailing wages complaint.

5. What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed.

6. How can I or my attorney pursue a claim in court in Ohio?

Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable. The latest an employee can file a suit is three years from the last violation, or one year after the state has come to a final decision on the case – whichever is later.