laborlaw
05-25-2005, 02:19 PM
OHIO DEPARTMENT OF COMMERCE
DIVSION OF LABOR & WORKER SAFETY
LT. GOVERNOR
JENNETTE BRADLEY
Director
NON-TIPPED EMPLOYEES (1)
If the Employer’s Annual Gross Sales as of September 27, 1990 is LESS than $500,000 but at least $150,000 the Employer Shall Pay:
A Minimum Wage of
$3.35 per hour
If the Employer’s Annual Gross Sales as of April 1, 1991 is LESS than $150,000 the Employer Shall Pay:
A Minimum Wage of
$2.80 per hour
(1) “Non-Tipped Employees” includes any employee who does not engage in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips from patrons or others.
TIPPED EMPLOYEES (2)
If the Employer’s Annual Gross Sales as of September 27, 1990 is LESS than $500,000 the Employer Shall Pay:
A Minimum Wage of
$2.01 per hour PLUS TIPS
*If the Enterprise’s (as defined under FSLA) Annual Gross Sales as of April 1, 1991 is OVER $500,000 the Enterpriser Shall Pay:
A Minimum Wage of
$4.25 per hour
OR 50% OF $4.25 ($2.13) Plus Tips (3)
*This provision only applies to enterprises who are EXEMPT from federal law (FLSA).
(1) “Non-Tipped Employees” includes any employee who does not engage in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips from patrons or others.
OVERTIME (ORC 4111.03)
1. An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours in excess of forty hours in one work week, except for employers
grossing less than $150,000 per year.
2. Hospitals, Nursing Homes and Day Care Centers are permitted time and one-half in excess of eighty hours in a two week period and also in excess of eight hours a day.
PERMANENT RECORDS TO BE KEPT BY THE EMPLOYER (ORC 4111.08)
1. Each employer shall keep permanent records for at least three years, available for transcription and inspection by a duly authorized Deputy of the Division, showing the following facts concerning each employee:
A. Name
B. Address
C. Occupation
D. Rate of Pay
E. Amount paid each pay period
F. Hours worked each day and each work week
2. Determinations of compliance. The records may be opened for inspection or copying at any reasonable time and no employer shall hinder or delay authorized Deputies of the Division in the
performance of their duties.
HANDICAPPED RATE (ORC 4111.06)
To prevent the curtailment of opportunities for employment and avoid undue hardship to individuals whose earning capacity is affected or impaired by physical or mental deficiencies or injuries a sub-minimum wage may be paid, as provided in the rules and
regulations set forth by the Administrator.
INDIVIDUALS EXEMPT FROM MINIMUM WAGE
(ORC 4111.01 (D))
1. Any individual employed by the United States;
2. Any individual employed as a baby-sitter in the employer’s home, or a live-in companion to a sick, convalescing, or elderly person whose principal duties do not include housekeeping;
3. Any individual engaged in the delivery of newspapers to the
consumer;
4. Any individual employed as an outside salesman compensated by commissions or in a bona fide executive, administrative, or
professional capacity, or computer professionals;
5. Any employee employed in agriculture if the employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor;
6. Any individual who works or provides personal services of a
charitable nature in a hospital or health institution for which
compensation is not sought or contemplated;
7. Amember of a police or fire protection agency or student employed on a part-time or seasonal basis by a political subdivision of this state;
8. Any individual in the employ of a camp or recreational area for
children under eighteen years of age and owned and operated by a non-profit organization or group of organizations.
This is a summary of ORC 4111.02. This summary does not address the requirements for employers who gross over $500,000 and are subject to Federal Tax (FLSA). This summary does not include all of the requirements for minimum and overtime wages. Persons should refer to 4111.02 for specific requirements applicable to them.
POST IN A CONSPICUOUS PLACE
DIVSION OF LABOR & WORKER SAFETY
LT. GOVERNOR
JENNETTE BRADLEY
Director
NON-TIPPED EMPLOYEES (1)
If the Employer’s Annual Gross Sales as of September 27, 1990 is LESS than $500,000 but at least $150,000 the Employer Shall Pay:
A Minimum Wage of
$3.35 per hour
If the Employer’s Annual Gross Sales as of April 1, 1991 is LESS than $150,000 the Employer Shall Pay:
A Minimum Wage of
$2.80 per hour
(1) “Non-Tipped Employees” includes any employee who does not engage in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips from patrons or others.
TIPPED EMPLOYEES (2)
If the Employer’s Annual Gross Sales as of September 27, 1990 is LESS than $500,000 the Employer Shall Pay:
A Minimum Wage of
$2.01 per hour PLUS TIPS
*If the Enterprise’s (as defined under FSLA) Annual Gross Sales as of April 1, 1991 is OVER $500,000 the Enterpriser Shall Pay:
A Minimum Wage of
$4.25 per hour
OR 50% OF $4.25 ($2.13) Plus Tips (3)
*This provision only applies to enterprises who are EXEMPT from federal law (FLSA).
(1) “Non-Tipped Employees” includes any employee who does not engage in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips from patrons or others.
OVERTIME (ORC 4111.03)
1. An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours in excess of forty hours in one work week, except for employers
grossing less than $150,000 per year.
2. Hospitals, Nursing Homes and Day Care Centers are permitted time and one-half in excess of eighty hours in a two week period and also in excess of eight hours a day.
PERMANENT RECORDS TO BE KEPT BY THE EMPLOYER (ORC 4111.08)
1. Each employer shall keep permanent records for at least three years, available for transcription and inspection by a duly authorized Deputy of the Division, showing the following facts concerning each employee:
A. Name
B. Address
C. Occupation
D. Rate of Pay
E. Amount paid each pay period
F. Hours worked each day and each work week
2. Determinations of compliance. The records may be opened for inspection or copying at any reasonable time and no employer shall hinder or delay authorized Deputies of the Division in the
performance of their duties.
HANDICAPPED RATE (ORC 4111.06)
To prevent the curtailment of opportunities for employment and avoid undue hardship to individuals whose earning capacity is affected or impaired by physical or mental deficiencies or injuries a sub-minimum wage may be paid, as provided in the rules and
regulations set forth by the Administrator.
INDIVIDUALS EXEMPT FROM MINIMUM WAGE
(ORC 4111.01 (D))
1. Any individual employed by the United States;
2. Any individual employed as a baby-sitter in the employer’s home, or a live-in companion to a sick, convalescing, or elderly person whose principal duties do not include housekeeping;
3. Any individual engaged in the delivery of newspapers to the
consumer;
4. Any individual employed as an outside salesman compensated by commissions or in a bona fide executive, administrative, or
professional capacity, or computer professionals;
5. Any employee employed in agriculture if the employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor;
6. Any individual who works or provides personal services of a
charitable nature in a hospital or health institution for which
compensation is not sought or contemplated;
7. Amember of a police or fire protection agency or student employed on a part-time or seasonal basis by a political subdivision of this state;
8. Any individual in the employ of a camp or recreational area for
children under eighteen years of age and owned and operated by a non-profit organization or group of organizations.
This is a summary of ORC 4111.02. This summary does not address the requirements for employers who gross over $500,000 and are subject to Federal Tax (FLSA). This summary does not include all of the requirements for minimum and overtime wages. Persons should refer to 4111.02 for specific requirements applicable to them.
POST IN A CONSPICUOUS PLACE
