🇺🇸 Ohio EMPLOYMENT LAW — 2026 UPDATE

Ohio Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 9, 2026
Last Reviewed: January 9, 2026
Applicable Period: 2026
Jurisdiction: State of Ohio, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Ohio Labor Law 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

Ohio employment law establishes the rights and responsibilities of both employees and employers throughout the state. This comprehensive guide provides detailed information about employment protections, workplace requirements, and legal obligations under both Ohio state law and applicable federal statutes.

As an at-will employment state, Ohio permits both employers and employees to terminate employment relationships for any legal reason. However, this principle is subject to significant exceptions, including protections against discrimination, retaliation, and violations of public policy. Ohio law also provides specific protections regarding wages, working conditions, and workplace safety.

This guide covers essential topics for both employees and employers, including:

  • Ohio’s at-will employment doctrine and its exceptions
  • Minimum wage requirements and overtime rules (updated for 2026)
  • Protected classes and discrimination protections under Ohio law
  • Employer obligations including workplace postings and recordkeeping
  • Procedures for filing complaints with state and federal agencies
  • 2026 legislative updates and changes

Information Sources: This guide compiles information from the Ohio Revised Code, Ohio Administrative Code, Ohio Civil Rights Commission, Ohio Department of Commerce, Ohio Attorney General’s Office, U.S. Department of Labor, and Equal Employment Opportunity Commission. All statutory citations and regulatory references link to official government sources.

Employment Law Framework in Ohio

1.1 At-Will Employment Doctrine

Ohio is an at-will employment state, meaning that employment relationships can generally be terminated by either the employer or the employee at any time, for any reason, or for no reason, as long as the termination does not violate federal or state law.

Statutory Basis:

According to the Ohio Supreme Court in Mers v. Dispatch Printing Co., 19 Ohio St.3d 100, 103 (1985):

“[A]n employment relationship which is not for a definite term is terminable at the will of either party…without assigning any reason therefor, which is not contrary to law.”

Source: Ohio Supreme Court Case Law
Citation: Mers v. Dispatch Printing Co., 19 Ohio St.3d 100, 103 (1985)
Available at: Ohio Supreme Court Opinions (accessible through legal databases)

What At-Will Employment Means:

For employees: You can quit your job at any time without providing notice or a reason, and without legal consequences (unless you have signed an employment contract stating otherwise).

For employers: You can terminate an employee at any time without providing advance notice or stating a reason, as long as the termination does not violate any federal or state law.

Exceptions to At-Will Employment:

While Ohio follows the at-will employment doctrine, several important exceptions protect employees from wrongful termination. Ohio law recognizes four primary categories of exceptions:

1. Statutory Exceptions (Discrimination and Retaliation)

Employers cannot terminate employees for reasons prohibited by federal or state anti-discrimination laws.

According to Ohio Revised Code § 4112.02(A):

“For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.”

Source: Ohio Revised Code § 4112.02(A)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.02
Last amended: 2021 (Employment Law Uniformity Act)

Federal laws also prohibit termination based on:

  • Race, color, religion, sex, national origin (Title VII of the Civil Rights Act, 42 U.S.C. § 2000e)
  • Age 40 and over (Age Discrimination in Employment Act, 29 U.S.C. § 621)
  • Disability (Americans with Disabilities Act, 42 U.S.C. § 12101)
  • Genetic information (Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff)
  • Pregnancy (Pregnancy Discrimination Act, amendment to Title VII)

Retaliation protections also prevent termination for:

  • Filing workers’ compensation claims
  • Reporting workplace safety violations (whistleblowing)
  • Participating in discrimination investigations
  • Taking protected leave (FMLA)
  • Jury duty or military service

2. Contractual Exceptions

If an employment contract exists that specifies terms of employment or grounds for termination, the employer must follow those contractual terms.

Types of employment contracts in Ohio:

  • Express written contracts: Formal employment agreements that specify duration, termination procedures, or “just cause” requirements
  • Collective bargaining agreements: Union contracts that typically require “just cause” for termination and progressive discipline
  • Implied contracts: Courts may find an implied contract based on employer statements, policies, or course of dealing

Employee handbooks can sometimes create implied contracts if they contain specific language about job security or termination procedures, though Ohio courts generally require clear, specific language.

3. Public Policy Exception

The Ohio Supreme Court established a public policy exception to at-will employment in Greeley v. Miami Valley Maintenance Contractors, 49 Ohio St.3d 288 (1990).

According to this case law, an employee may have a wrongful discharge claim if:

  1. A clear public policy existed and was manifested in a state or federal constitution, statute, administrative regulation, or common law
  2. Dismissing employees under similar circumstances would jeopardize that public policy
  3. The employee’s dismissal was motivated by conduct related to the public policy
  4. The employer lacked overriding legitimate business justification for the dismissal

Source: Greeley v. Miami Valley Maintenance Contractors
Citation: 49 Ohio St.3d 288 (1990)
Available at: Ohio Supreme Court opinions (accessible through legal databases)

Examples of protected activities under public policy exception:

  • Reporting illegal activities to law enforcement
  • Reporting workplace safety violations to OSHA
  • Refusing to commit illegal acts
  • Exercising statutory rights (such as voting or jury duty)
  • Reporting child abuse or elder abuse as required by law

Important Note: The public policy exception is narrow and requires the employee to demonstrate all four elements listed above. Recent Ohio Supreme Court cases have limited this exception, particularly in House v. Iacovelli, 159 Ohio St.3d 466 (2020).

4. Promissory Estoppel

In rare cases, an employee may have a claim if an employer made specific promises about job security that the employee relied upon to their detriment (such as relocating or leaving another job), and the employer later breached those promises.

Important Distinctions:

The at-will employment doctrine does not apply to:

  • Public employees (government workers) who often have civil service protections
  • Union members covered by collective bargaining agreements
  • Employees with written employment contracts specifying terms and duration
  • Certain professionals with specific statutory protections

Common Employer Practices:

In at-will employment states, employers commonly:

  • Document performance issues and disciplinary actions
  • Follow their own policies and procedures consistently
  • Formalize job security promises in written contracts
  • Ensure termination decisions are not based on protected characteristics
  • Consult legal counsel before terminating employees in sensitive situations

For Employees:

Employees who believe they were wrongfully terminated may:

  • Document the circumstances of your termination
  • Review any employment contract or handbook
  • Identify whether your termination falls under one of the exceptions above
  • File a complaint with appropriate agencies within required timeframes
  • Consult with an employment law attorney to evaluate your case

1.2 Labor Law vs Employment Law

While often used interchangeably, “labor law” and “employment law” have distinct meanings in legal contexts.

Employment Law (Primary Framework in Ohio)

Employment law refers to the broader legal framework governing the relationship between individual employees and employers. This includes:

  • Wage and hour regulations
  • Anti-discrimination protections
  • Workplace safety requirements
  • Employee benefits
  • Workers’ compensation
  • Individual employment contracts
  • Wrongful termination
  • Reasonable accommodations

Ohio Revised Code Chapter 4112 (Civil Rights Law) and Chapter 4111 (Wage and Hour) constitute Ohio’s primary employment law framework.

Source: Ohio Revised Code Chapters 4111 and 4112
Available at: https://codes.ohio.gov/ohio-revised-code

Labor Law (Subset Focused on Collective Action)

Labor law specifically addresses collective bargaining, union organization, and the relationship between employers, employees, and labor organizations. This includes:

  • Union formation and certification
  • Collective bargaining agreements
  • Strikes and work stoppages
  • Unfair labor practices
  • Labor-management relations

Ohio’s public sector labor relations are governed by Ohio Revised Code Chapter 4117 (Public Employees’ Collective Bargaining).

Source: Ohio Revised Code Chapter 4117
Available at: https://codes.ohio.gov/ohio-revised-code/chapter-4117

Key Differences:

Key Differences
Aspect Employment Law Labor Law
Scope Individual employee rights Collective worker rights
Applies to All employees Union members and organizing workers
Primary focus Wages, discrimination, safety Collective bargaining, unions
Enforcement Individual complaints to agencies or courts NLRB, state labor relations boards
Ohio statutes ORC 4111, 4112, 4113 ORC 4117 (public sector)

Federal Labor Law

Private sector labor relations in Ohio are primarily governed by federal law:

  • National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq.: Protects private sector employees’ rights to organize and engage in collective bargaining
  • Labor-Management Relations Act (Taft-Hartley Act): Regulates union activities and unfair labor practices
  • Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act): Establishes union member bill of rights

Source: National Labor Relations Act
Citation: 29 U.S.C. § 151 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter7&edition=prelim
NLRB website: https://www.nlrb.gov/

Ohio Right-to-Work Status

Ohio is NOT a right-to-work state. This means:

  • Private sector employers and unions can negotiate “union security agreements”
  • Employees in unionized workplaces can be required to pay union dues or fees as a condition of employment
  • Public sector unions have different rules under Ohio law

Ohio voters rejected a right-to-work ballot initiative in 1958, and Ohio law does not prohibit union security agreements in the private sector.

Note: While Ohio is not a right-to-work state, surrounding states have different statuses:

  • Indiana: Right-to-work state (since 2012)
  • Kentucky: Right-to-work state (since 2017)
  • Michigan: Right-to-work state (2012-2024, law repealed 2024)
  • West Virginia: Right-to-work state (since 2016)
  • Pennsylvania: Not a right-to-work state

Public Sector Labor Relations in Ohio

Ohio public employees have collective bargaining rights under Ohio Revised Code Chapter 4117, administered by the State Employment Relations Board (SERB).

Source: Ohio State Employment Relations Board
Website: https://serb.ohio.gov/

When Each Type of Law Applies:

Employment law applies when:

  • An individual employee has a dispute with their employer
  • Issues involve wages, discrimination, safety, or individual rights
  • The employee is not represented by a union, or the issue is outside the collective bargaining agreement

Labor law applies when:

  • Employees are organizing or attempting to form a union
  • A union and employer are negotiating a collective bargaining agreement
  • Disputes arise under a union contract
  • Unfair labor practices are alleged

For Ohio Employees:

If you work in a unionized workplace, you may have rights under both employment law (individual protections) and labor law (collective bargaining agreement). Consult your union representative for issues covered by your collective bargaining agreement, but be aware that you also have independent rights under employment discrimination and wage laws.

If you work in a non-union workplace, employment law provides your primary legal protections regarding workplace rights and employer obligations.

Employee Rights in Ohio

2.1 Wage and Hour Rights

Ohio and federal law establish minimum standards for employee compensation, working hours, and related workplace rights.

Minimum Wage (2026)

As of January 1, 2026, Ohio’s minimum wage increased under the constitutional amendment passed by Ohio voters in 2006.

Current Ohio minimum wage (2026): $11.00 per hour

Effective date: January 1, 2026

Statutory authority: Ohio Constitution Article II, Section 34a

According to the Constitutional Amendment (II-34a) passed by Ohio voters in November 2006:

“An employer may pay an employee no less than eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2026.”

Source: Ohio Department of Commerce Press Release
Published: December 31, 2025
Available at: https://com.ohio.gov/about-us/media-center/news/ohio+minimum+wage+set+to+increase+in+2026
Official poster: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/minimum-wage-posters

The minimum wage increase represents a 2.8% adjustment from the 2025 rate of $10.70 per hour. This increase is tied to the Consumer Price Index for urban wage earners and clerical workers (CPI-W) for the 12-month period ending in August, as mandated by the 2006 constitutional amendment.

Applicability Threshold:

The Ohio minimum wage applies to employers with annual gross receipts of more than $405,000 per year (increased from $394,000 in 2025).

Source: Ohio Department of Commerce
Citation: Ohio Constitution Article II, Section 34a
Available at: https://com.ohio.gov/about-us/media-center/news/ohio+minimum+wage+set+to+increase+in+2026

For employees at businesses with annual gross receipts of $405,000 or less per year, and for workers aged 14 and 15, the federal minimum wage of $7.25 per hour applies.

Federal minimum wage: $7.25 per hour (unchanged since 2009)

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Tipped Employees:

For employees who customarily and regularly receive tips (such as servers, bartenders, and other service workers), Ohio law permits a lower direct cash wage.

Tipped employee minimum wage (2026): $5.50 per hour

Tip credit: Up to $5.50 per hour

Source: Ohio Department of Commerce
Published: December 31, 2025
Available at: https://com.ohio.gov/about-us/media-center/news/ohio+minimum+wage+set+to+increase+in+2026

Under federal and Ohio law, if an employee’s tips combined with the cash wage do not equal at least the full minimum wage ($11.00 per hour in Ohio for applicable employers), the employer must make up the difference.

According to the U.S. Department of Labor:

“If an employee’s tips combined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference.”

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/flsa/tips

Ohio follows this principle but uses the higher Ohio minimum wage and tip credit amounts.

Overtime Requirements

Ohio law requires overtime pay for non-exempt employees who work more than 40 hours in a workweek.

Ohio overtime rate: 1.5 times the employee’s regular rate of pay

Overtime threshold: Hours worked over 40 in a workweek

Ohio Revised Code § 4111.03 states:

“No employer shall employ any of his employees in excess of the maximum hours of work…applicable to such employee unless such employee receives compensation for his employment in excess of the hours applicable in any workweek at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Ohio Revised Code § 4111.03
Official text: https://codes.ohio.gov/ohio-revised-code/section-4111.03
Last amended: Consult Ohio Legislative Service Commission for amendment history

Federal Overtime Law:

The Fair Labor Standards Act (FLSA) also requires overtime pay for hours worked over 40 in a workweek.

According to 29 U.S.C. § 207(a)(1):

“[N]o employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Important Notes:

  • Ohio does NOT require daily overtime (unlike California, which requires overtime for hours over 8 in a day)
  • The workweek is defined as a fixed and regularly recurring period of 168 hours (7 consecutive 24-hour periods)
  • Overtime is calculated based on hours actually worked, not hours paid
  • Ohio follows federal law for overtime exemptions

Exempt Employees:

Certain employees are exempt from overtime requirements under federal and Ohio law, including:

  • Executive, administrative, and professional employees meeting specific salary and duties tests
  • Outside sales employees
  • Certain computer professionals
  • Highly compensated employees (meeting specific criteria)

As of January 1, 2020, under federal regulations:

Salary threshold for overtime exemption: $684 per week ($35,568 annually)

Source: U.S. Department of Labor Final Rule (2019)
Citation: 29 C.F.R. § 541
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Note: A 2024 federal regulation attempted to increase this threshold, but it was challenged in federal court and its implementation was stayed. As of January 2026, the $684 per week threshold remains in effect. Current information is available from the U.S. Department of Labor.

Meal and Rest Breaks

Ohio does NOT require employers to provide meal breaks or rest breaks to adult employees.

Search conducted: Ohio Legislature website (https://legislature.ohio.gov/)
Search terms: “meal break”, “rest break”, “employee breaks”
Date: January 8, 2026
Result: No Ohio statute found requiring meal or rest breaks for adult employees

Federal Law:

Federal law also does not require meal or rest breaks for adult employees.

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/breaks

If Breaks Are Provided:

  • Short breaks (5-20 minutes) must be paid
  • Meal periods (typically 30 minutes or more) may be unpaid if the employee is completely relieved of duties
  • Employers must follow their own policies if breaks are offered

Minor Employees (Under 18):

Ohio does have meal break requirements for employees under 18 years old.

According to Ohio Administrative Code Rule 4101:9-3-08:

Minors must receive a 30-minute rest period for every five consecutive hours worked.

Source: Ohio Administrative Code § 4101:9-3-08
Available at: https://codes.ohio.gov/ohio-administrative-code/rule-4101:9-3-08

Final Paycheck Requirements

Ohio law does not specify when a final paycheck must be provided to a terminated or resigning employee.

Search conducted: Ohio Revised Code Chapters 4111, 4113
Date: January 8, 2026
Result: No specific statute found addressing final paycheck timing

General Practice:

In the absence of a specific Ohio statute, the general practice is:

  • Final paychecks are typically due on the next regular payday
  • Employers generally follow their own policies and any applicable collective bargaining agreements
  • Accrued vacation pay may be subject to the employer’s written policy

Federal Guidance:

The U.S. Department of Labor notes that while federal law (FLSA) does not specify when final wages must be paid, employees must receive all wages owed for work performed.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd

Wage Payment Laws:

According to Ohio Revised Code § 4113.15:

Employers must pay employees at least semi-monthly (twice per month) for work performed. If an employer fails to pay wages more than 30 days beyond the normal payday, additional penalties may apply.

Source: Ohio Revised Code § 4113.15
Official text: https://codes.ohio.gov/ohio-revised-code/section-4113.15

Deductions from Wages:

Employers may deduct from employee wages only:

  • Amounts required by federal or state law (taxes, court orders, etc.)
  • Amounts authorized in writing by the employee (health insurance, retirement contributions, etc.)
  • Deductions for cash or inventory shortages, lost or damaged property, or dishonored checks may be made only if the employee provides written authorization and the deduction does not reduce wages below minimum wage

Source: Ohio Revised Code § 4113.19
Official text: https://codes.ohio.gov/ohio-revised-code/section-4113.19

Equal Pay

Ohio law prohibits wage discrimination based on sex for substantially equal work.

Ohio Revised Code § 4111.17 prohibits employers from:

“[P]aying any employee at a rate less than the rate the employer pays to an employee of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions.”

Source: Ohio Revised Code § 4111.17
Official text: https://codes.ohio.gov/ohio-revised-code/section-4111.17

Federal law provides similar protections under the Equal Pay Act of 1963, 29 U.S.C. § 206(d).

Source: Equal Pay Act
Citation: 29 U.S.C. § 206(d)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/equal-pay-act-1963

Employee Rights Summary:

Ohio employees have the right to:

  1. Receive at least minimum wage for all hours worked ($11.00/hour for applicable employers in 2026)
  2. Receive overtime pay at 1.5 times regular rate for hours over 40 in a workweek (if non-exempt)
  3. Be paid at least semi-monthly on regular paydays
  4. Receive equal pay for equal work regardless of sex
  5. Keep all tips (employers cannot take employees’ tips except for valid tip pooling arrangements)
  6. Receive their final paycheck for all hours worked upon termination
  7. Review their personnel file under certain circumstances
  8. File wage complaints with the Ohio Department of Commerce if wages are not paid

Filing Wage Complaints:

Employees who are not paid properly can file a wage complaint with:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration

Website: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour
Phone: (614) 644-2239

U.S. Department of Labor
Wage and Hour Division

Website: https://www.dol.gov/agencies/whd
Phone: 1-866-4-USWAGE (1-866-487-9243)

2.2 Paid Sick Leave

Ohio does NOT have a state-mandated paid sick leave law for private sector employees.

Search conducted: Ohio Revised Code
Search terms: “paid sick leave”, “sick time”, “paid time off”
Date: January 8, 2026
Result: No statewide paid sick leave mandate found

Federal Law:

There is no federal law requiring private sector employers to provide paid sick leave.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave

Who May Be Entitled to Paid Sick Leave:

While Ohio does not mandate paid sick leave, employees may be entitled to sick leave through:

  1. Employer policies: Many employers voluntarily provide paid sick leave as part of their benefits package
  2. Collective bargaining agreements: Union contracts often include paid sick leave provisions
  3. Individual employment contracts: Written employment agreements may specify sick leave benefits
  4. Local ordinances: Some Ohio cities may have or consider local paid sick leave requirements (check local city codes)

Federal Contractor Requirements:

Federal contractors must provide paid sick leave to employees working on covered federal contracts.

According to Executive Order 13706 (2015):

Federal contractors must provide employees working on covered federal contracts with up to 56 hours of paid sick leave annually.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/government-contracts/sick-leave

Family and Medical Leave (Unpaid)

While Ohio does not require paid sick leave, eligible employees may be entitled to unpaid leave under the Family and Medical Leave Act (FMLA).

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for:

  • Birth and care of a newborn child
  • Adoption or foster care placement
  • Care for an immediate family member (spouse, child, or parent) with a serious health condition
  • The employee’s own serious health condition
  • Qualifying exigencies arising from a family member’s military service

Eligibility requirements:

  • Employer has 50 or more employees within 75 miles
  • Employee has worked for the employer for at least 12 months
  • Employee has worked at least 1,250 hours in the past 12 months

Source: Family and Medical Leave Act
Citation: 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Common Employer Practices:

Employers who voluntarily provide paid sick leave commonly:

  • Document sick leave policies in writing
  • Apply policies consistently to all employees
  • Ensure policies comply with any applicable collective bargaining agreements
  • Consider how sick leave policies interact with FMLA and ADA requirements
  • Review local ordinances for any city-specific requirements

For Employees:

Employees whose employers provide paid sick leave may:

  • Review your employee handbook or company policy for details
  • Understand accrual rates, usage limits, and carryover rules
  • Follow the employer’s procedures for requesting and documenting sick leave
  • Be aware that unpaid FMLA leave may run concurrently with paid sick leave

Discrimination Laws in Ohio

3.1 Overview of Protections

Ohio law and federal law provide comprehensive protections against employment discrimination. Discrimination occurs when an employer treats an employee or applicant differently based on protected characteristics that are unrelated to job performance or qualifications.

Legal Framework:

Ohio’s primary anti-discrimination law is found in Ohio Revised Code Chapter 4112, which establishes the Ohio Civil Rights Commission and prohibits unlawful discriminatory practices.

According to Ohio Revised Code § 4112.01(A)(8):

“‘Unlawful discriminatory practice’ means any act prohibited by section 4112.02, 4112.021, or 4112.022 of the Revised Code.”

Source: Ohio Revised Code § 4112.01
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.01
Last amended: 2021

Scope of Coverage:

Ohio’s discrimination laws apply to:

Employers with 4 or more employees (including the owner)

According to the Ohio Attorney General’s Office:

“In Ohio, employers with four or more employees (yourself included) are covered.”

Source: Ohio Attorney General’s Office
Publication: Fair Employment Guide for Business Owners
Available at: https://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Business/Fair-Employment-Guide

Federal anti-discrimination laws have different employee thresholds:

  • Title VII (race, sex, religion, etc.): 15 or more employees
  • Age Discrimination in Employment Act: 20 or more employees
  • Americans with Disabilities Act: 15 or more employees

When both Ohio and federal law apply, employers must comply with the law providing the most protection to employees.

3.2 Protected Classes (State and Federal)

Ohio Protected Classes:

According to Ohio Revised Code § 4112.02(A), it is unlawful for an employer to discriminate “because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry” of any person.

Source: Ohio Revised Code § 4112.02(A)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.02
Last amended: 2021

Complete list of Ohio protected classes:

  1. Race
  2. Color
  3. Religion
  4. Sex (including pregnancy, childbirth, and related medical conditions)
  5. Military status
  6. National origin
  7. Disability
  8. Age (specifically protected for workers 40 and older under ORC § 4112.14)
  9. Ancestry

Federal Protected Classes:

Federal law provides additional or overlapping protections:

Title VII of the Civil Rights Act (42 U.S.C. § 2000e) prohibits discrimination based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity per recent Supreme Court interpretation)
  • National origin

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (29 U.S.C. § 621) prohibits discrimination against individuals 40 years of age or older.

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (42 U.S.C. § 12101) prohibits discrimination based on disability and requires reasonable accommodations.

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff) prohibits discrimination based on genetic information.

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Key Distinctions:

Sexual orientation and gender identity:

  • Federal law: Protected under Title VII per Bostock v. Clayton County, 590 U.S. ___ (2020)
  • Ohio state law: The Ohio Civil Rights Commission has interpreted “sex” discrimination to include sexual orientation and gender identity discrimination under Ohio Revised Code § 4112.02

Source: EEOC interpretation following Supreme Court decision
Available at: https://www.eeoc.gov/sex-based-discrimination

Marital status and familial status:

  • Not explicitly protected under Ohio employment law (but protected in housing)
  • Not protected under federal employment law
  • Some local Ohio ordinances may provide protection

Political affiliation:

  • Generally not protected under Ohio or federal employment law
  • Public employees may have First Amendment protections

3.3 Types of Discrimination

Ohio and federal law prohibit several forms of discrimination:

1. Disparate Treatment (Intentional Discrimination)

Occurs when an employer treats an employee or applicant less favorably because of a protected characteristic.

Examples:

  • Refusing to hire qualified applicants because of their race
  • Paying women less than men for substantially equal work
  • Denying promotions to older workers in favor of younger workers
  • Terminating an employee because of their religion

2. Disparate Impact (Unintentional Discrimination)

Occurs when an employer’s facially neutral policy or practice disproportionately affects members of a protected class and cannot be justified by business necessity.

Examples:

  • Height or weight requirements that disproportionately exclude women or certain ethnic groups
  • Written tests that are not job-related and disproportionately exclude certain racial groups
  • “English-only” rules that are not necessary for business operations

3. Harassment

Unwelcome conduct based on a protected characteristic that creates a hostile work environment or results in an adverse employment action.

Two types of harassment:

Quid Pro Quo Harassment:

  • Employment decisions (hiring, promotion, raises) are conditioned on submission to unwelcome conduct
  • Typically involves a supervisor or someone with authority

Hostile Work Environment:

  • Unwelcome conduct that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment
  • Can be created by supervisors, co-workers, or even non-employees (customers, vendors)

4. Retaliation

Adverse action taken against an employee because they engaged in protected activity.

According to Ohio Revised Code § 4112.02(I):

“For any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice defined in this section or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under sections 4112.01 to 4112.07 of the Revised Code.”

Source: Ohio Revised Code § 4112.02(I)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.02

Protected activities include:

  • Filing a discrimination complaint with OCRC or EEOC
  • Participating in a discrimination investigation
  • Testifying in a discrimination proceeding
  • Opposing discriminatory practices
  • Requesting reasonable accommodations

5. Failure to Accommodate

Failing to provide reasonable accommodations for:

  • Disabilities (under ADA and Ohio law)
  • Religious beliefs and practices
  • Pregnancy and childbirth-related conditions

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited by both Ohio and federal law.

Legal Definition:

According to Ohio Administrative Code § 4112-5-05(E)(1):

“Harassment on the basis of sex is a violation of division (A) of section 4112.02 of the Revised Code. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

Source: Ohio Administrative Code § 4112-5-05(E)(1)
Official text: https://codes.ohio.gov/ohio-administrative-code/rule-4112-5-05
Last updated: September 3, 2024

Two Types of Sexual Harassment:

1. Quid Pro Quo Sexual Harassment

Occurs when submission to unwelcome sexual conduct is made a condition of employment benefits or when rejection of such conduct results in adverse employment action.

Legal basis:

According to Ohio Administrative Code § 4112-5-05(E)(1)(a) and (b), quid pro quo harassment exists when submission to sexual conduct is explicitly or implicitly made a term or condition of employment, or when submission or rejection is used as the basis for employment decisions.

Examples:

  • A supervisor demands sexual favors in exchange for a promotion
  • An employer threatens termination if an employee refuses to date them
  • A manager promises a raise if an employee agrees to sexual activity

2. Hostile Work Environment Sexual Harassment

Occurs when unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment that interferes with work performance.

Legal basis:

According to Ohio Administrative Code § 4112-5-05(E)(1)(c), hostile environment harassment exists when conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment.

Examples:

  • Repeated unwelcome sexual comments or jokes
  • Display of sexually explicit materials in the workplace
  • Unwanted touching or physical contact
  • Persistent requests for dates after being told “no”
  • Sexual comments about appearance or body

Employer Liability:

For Supervisor Harassment:

Employers are generally liable for harassment by supervisors, especially in quid pro quo cases.

Ohio law follows principles similar to federal law under Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

An employer may avoid or limit liability if it can prove:

  1. The employer exercised reasonable care to prevent and promptly correct harassing behavior (such as having an effective anti-harassment policy and complaint procedure)
  2. The employee unreasonably failed to use the employer’s complaint procedure or otherwise avoid harm

Source: Ohio Revised Code § 4112.054 (Affirmative Defense to Sexual Harassment Claim)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.054
Enacted: 2021 (Employment Law Uniformity Act)

For Co-Worker or Third-Party Harassment:

Employers are liable if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action.

Sexual Harassment Training Requirements:

Ohio does NOT have a statewide mandatory sexual harassment training requirement for private employers.

Search conducted: Ohio Revised Code and Ohio Administrative Code
Date: January 8, 2026
Result: No statewide mandatory training law found for private employers

However:

  • Some Ohio cities may have local requirements
  • Federal contractors may be subject to training requirements
  • Employers with locations in other states may need to provide training to Ohio employees if those states require it
  • Many Ohio employers provide training voluntarily

Statement from Ohio Civil Rights Commission:

According to Ohio Administrative Code § 4112-5-05(E)(6):

“Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Chapter 4112. of the Revised Code and developing methods to sensitize all concerned.”

Source: Ohio Administrative Code § 4112-5-05(E)(6)
Official text: https://codes.ohio.gov/ohio-administrative-code/rule-4112-5-05

3.5 Enforcement and Remedies

Filing Discrimination Claims:

Employees who experience discrimination have several options:

1. Ohio Civil Rights Commission (OCRC)

Filing deadline: Must file within 2 years of the discriminatory act

According to Ohio Revised Code § 4112.052(C)(1):

“[A] civil action brought under this section shall be filed within two years after the alleged unlawful discriminatory practice was committed.”

Source: Ohio Revised Code § 4112.052(C)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.052

How to file:

How to file with OCRC:

According to Ohio Civil Rights Commission procedures, complaints can be filed online, by mail, or in person. The online filing system is available through the OCRC website.

Filing methods:

  • Online: Through OCRC’s online complaint portal
  • By mail: Complete charge form and mail to OCRC office
  • In person: Visit OCRC regional office

Source: Ohio Civil Rights Commission filing procedures
Information available through: Ohio Attorney General’s Office and Ohio.gov

OCRC Contact Information:

Ohio Civil Rights Commission
Address: 30 E. Broad Street, 5th Floor, Columbus, OH 43215
Phone: (888) 278-7101 or (614) 466-2785
Website: Information available through Ohio.gov and Ohio Attorney General resources
Toll-free: 1-800-278-7101

Source: Multiple Ohio government sources
Verified: January 8, 2026

2. Equal Employment Opportunity Commission (EEOC) – Federal

Filing deadline: Generally 180 days, or 300 days if the state (Ohio) also has a law prohibiting the discrimination

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination

How to file:

EEOC accepts charges:

  • Online through the EEOC Public Portal
  • By appointment at EEOC field offices
  • By mail

Cleveland EEOC Office:
1240 East 9th Street, Suite 3001
Cleveland, OH 44199
Phone: 1-800-669-4000

Cincinnati EEOC Office:
John W. Peck Federal Building
550 Main Street, 10th Floor
Cincinnati, OH 45202
Phone: 1-800-669-4000

Source: EEOC Field Office Directory
Available at: https://www.eeoc.gov/field-office

Dual Filing:

When a charge is filed with the EEOC that also involves a violation of Ohio law, the EEOC and OCRC have a work-sharing agreement. The charge will typically be “dual-filed” with both agencies.

3. Administrative Requirements Before Lawsuit (As of 2021)

The Employment Law Uniformity Act (effective April 13, 2021) changed Ohio’s procedures.

According to Ohio Revised Code § 4112.052(B)(1):

“[A] person may file a civil action under this section alleging an unlawful discriminatory practice relating to employment…only if the person satisfies both of the following conditions:

(a) The person has first filed a charge with the Ohio civil rights commission under section 4112.051 of the Revised Code with respect to the practice complained of in the complaint for the civil action within the time period required under that section.

(b) One of the following applies:

(i) The person receives a notice of right to sue from the Ohio civil rights commission pursuant to section 4112.051 of the Revised Code.

(ii) The person has requested a notice of right to sue from the Ohio civil rights commission, and the commission fails to issue the notice of right to sue within forty-five days after the date the commission is permitted to grant the request under division (N) of section 4112.051 of the Revised Code.”

Source: Ohio Revised Code § 4112.052(B)(1)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.052
Effective date: April 13, 2021

This means:

Before filing a lawsuit in state court, an employee must generally:

  1. File a charge with the Ohio Civil Rights Commission (within 2 years)
  2. Receive a “notice of right to sue” from OCRC, OR
  3. Request a right-to-sue notice and not receive it within 45 days

Exceptions exist for certain types of relief (such as requests for injunctive relief only).

4. Federal Court Lawsuit

For federal law claims (Title VII, ADA, ADEA), employees must:

  1. File a charge with EEOC (within 180/300 days)
  2. Receive a right-to-sue letter from EEOC
  3. File lawsuit within 90 days of receiving the right-to-sue letter

Remedies Available:

Under Ohio and Federal Law, successful discrimination claims may result in:

  1. Back pay: Wages lost due to discrimination
  2. Front pay: Future lost wages if reinstatement is not feasible
  3. Reinstatement: Restoration to former position
  4. Compensatory damages: For emotional distress, pain and suffering
  5. Punitive damages: To punish egregious conduct (with caps under Ohio law)
  6. Attorney’s fees and costs
  7. Injunctive relief: Court orders to stop discriminatory practices

Damages Caps (Ohio Law):

The Employment Law Uniformity Act applies Ohio’s tort reform damage caps to discrimination claims.

Compensatory damages for non-economic loss (pain and suffering, emotional distress):

  • Cannot exceed the greater of $250,000 OR
  • Three times the plaintiff’s economic loss, up to a maximum of $350,000 per plaintiff
  • Maximum of $500,000 per occurrence

Punitive damages:

  • Cannot exceed two times the amount of compensatory damages, OR
  • 10% of small employer’s net worth (with cap of $350,000)

Source: Ohio Revised Code § 2315.21 (as applied to employment discrimination claims per HB 352)
Reference: Employment Law Uniformity Act (House Bill 352, effective April 13, 2021)

No caps apply to:

  • Economic damages (back pay, front pay, medical expenses)
  • Federal law claims (Title VII, ADA, ADEA) which have their own federal caps

Reasonable Accommodations

4.1 Disability Accommodations

Ohio law and federal law require employers to provide reasonable accommodations for qualified individuals with disabilities.

Legal Framework:

Federal Law – Americans with Disabilities Act (ADA):

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“[N]ot making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Ohio Law:

Ohio Revised Code Chapter 4112 prohibits disability discrimination and requires reasonable accommodations.

According to Ohio Revised Code § 4112.01(A)(13):

“‘Disability’ means a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.”

Source: Ohio Revised Code § 4112.01(A)(13)
Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.01

Coverage:

  • ADA: Applies to employers with 15 or more employees
  • Ohio law: Applies to employers with 4 or more employees

Who is Protected:

A “qualified individual with a disability” is someone who:

  1. Has a physical or mental impairment that substantially limits one or more major life activities, OR
  2. Has a record of such an impairment, OR
  3. Is regarded as having such an impairment

AND

  1. Can perform the essential functions of the job with or without reasonable accommodation

Examples of Reasonable Accommodations:

According to EEOC guidance, reasonable accommodations may include:

  • Making existing facilities accessible
  • Job restructuring (eliminating marginal, non-essential functions)
  • Modified work schedules or part-time work
  • Reassignment to a vacant position
  • Acquiring or modifying equipment or devices
  • Adjusting or modifying examinations, training materials, or policies
  • Providing qualified readers or interpreters
  • Allowing service animals or emotional support animals (where appropriate)
  • Providing reserved parking spaces
  • Allowing telework or remote work arrangements

Source: U.S. Equal Employment Opportunity Commission
Publication: Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.2 Interactive Process (5 Steps)

Employers and employees typically engage in an “interactive process” to identify effective reasonable accommodations.

The Interactive Process Includes:

Step 1: Recognize the Accommodation Request

An accommodation request can be informal. The employee does not need to use the words “reasonable accommodation” or mention the ADA.

Trigger phrases:

  • “I’m having trouble with [task] because of a medical condition”
  • “I need help with [function] due to my [condition]”
  • “Can I have [modification] for medical reasons?”

Step 2: Gather Information

From employee:

  • What limitations exist?
  • How do these limitations affect job performance?
  • What accommodations might help?

Employer may request medical documentation:

  • Confirmation that employee has a disability under the ADA/Ohio law
  • Description of functional limitations
  • Suggested accommodations
  • Duration of need for accommodation

Note: Employers typically limit requests to information necessary to establish disability and need for accommodation. Broad medical records requests are generally inappropriate.

Step 3: Explore Accommodation Options

Both parties commonly identify possible accommodations:

  • Employee may suggest specific accommodations
  • Employer considers alternatives
  • Consult with accommodation resources (Job Accommodation Network: https://askjan.org)

Step 4: Choose an Accommodation

  • Employer has the right to choose among effective accommodations
  • Employer need not provide the employee’s preferred accommodation if another effective accommodation is available
  • The chosen accommodation must be effective in allowing the employee to perform essential functions

Step 5: Implement and Monitor

  • Implement the accommodation in a timely manner
  • Monitor effectiveness
  • Make adjustments as needed
  • Reassess periodically

Common Documentation Practices:

  • Document all accommodation requests and responses
  • Keep medical information confidential (separate from personnel file)
  • Document interactive process discussions
  • Document reasons for accommodation decisions

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an “undue hardship.”

Legal Definition:

According to 42 U.S.C. § 12111(10)(A):

“The term ‘undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”

Factors include:

  • Nature and cost of the accommodation
  • Overall financial resources of the facility and employer
  • Impact on the operation of the facility
  • Type of operation of the employer

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim

Undue Hardship Analysis:

Factors to consider:

  1. Cost of the accommodation in relation to employer’s resources
  2. Impact on operations (would it fundamentally alter the nature of the business?)
  3. Size and financial resources of the employer
  4. Type of operation and structure of the workforce

Important Notes:

  • The undue hardship standard is difficult to meet
  • Cost alone is rarely sufficient to establish undue hardship
  • Employers must consider their overall resources, not just the resources of a single facility
  • Inability to perform essential functions (even with accommodation) is a separate defense from undue hardship

4.4 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs and practices unless doing so would cause undue hardship.

Legal Basis:

Federal Law – Title VII:

According to 42 U.S.C. § 2000e(j):

“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Ohio Law:

Ohio Revised Code § 4112.02 prohibits religious discrimination, which includes failure to accommodate.

Common Religious Accommodations:

  • Schedule changes to allow observation of Sabbath or religious holidays
  • Dress and grooming modifications (head coverings, beards, religious jewelry)
  • Prayer breaks during work hours
  • Voluntary shift swaps with co-workers
  • Exemption from certain job duties that conflict with religious beliefs

Undue Hardship Standard for Religious Accommodations:

Under Groff v. DeJoy, 600 U.S. 447 (2023), the Supreme Court clarified that an employer must show that a religious accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”

This is a higher standard than the undue hardship standard for disability accommodations.

Source: U.S. Supreme Court
Case: Groff v. DeJoy, 600 U.S. 447 (2023)
EEOC updated guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

4.5 Pregnancy Accommodations

Federal law now explicitly requires pregnancy accommodations under the Pregnant Workers Fairness Act (PWFA), which took effect June 27, 2023.

Pregnant Workers Fairness Act (PWFA):

According to the Equal Employment Opportunity Commission:

“The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide ‘reasonable accommodations’ to a worker’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an ‘undue hardship.'”

Source: Equal Employment Opportunity Commission
Publication: What You Should Know About the Pregnant Workers Fairness Act
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Effective date: June 27, 2023
Final regulations effective: June 18, 2024

Coverage:

  • Applies to employers with 15 or more employees
  • Covers employees and applicants
  • Protections apply to pregnancy, childbirth, and related medical conditions

Related Medical Conditions Include:

According to EEOC’s final regulations (effective June 18, 2024), related medical conditions include:

  • Miscarriage, stillbirth, or abortion
  • Lactation and conditions related to lactation
  • Use of birth control
  • Menstruation
  • Infertility and fertility treatments
  • Gestational diabetes
  • Preeclampsia
  • Morning sickness
  • Antenatal or postpartum depression

Source: EEOC Final Rule
Publication: 29 C.F.R. Part 1636
Published: April 15, 2024
Effective: June 18, 2024
Available at: https://www.federalregister.gov/documents/2024/04/19/2024-07527/pregnant-workers-fairness-act

Common Pregnancy Accommodations:

EEOC identifies accommodations that will generally NOT cause undue hardship:

  • Allowing an employee to carry and drink water
  • Allowing additional, longer, or more flexible breaks to use the bathroom, eat, or rest
  • Allowing an employee to sit or stand
  • Providing parking close to the employee’s worksite
  • Providing adjustments to equipment or access to a stool
  • Providing changes in work schedule or providing leave (paid or unpaid)
  • Providing telework or remote work
  • Providing light duty or modified job duties
  • Providing accommodations related to lactation (pumping breast milk)

Employer Cannot:

  • Require employee to take leave if another reasonable accommodation can be provided
  • Delay providing accommodation while waiting for medical documentation, if:
    • The limitation and need for accommodation are obvious
    • The employer already has sufficient information
    • The accommodation relates to pumping at work

Ohio Law and Pregnancy:

According to Ohio Administrative Code § 4112-5-05(G):

“Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.”

Source: Ohio Administrative Code § 4112-5-05(G)
Official text: https://codes.ohio.gov/ohio-administrative-code/rule-4112-5-05

Ohio employers with 4 or more employees must provide reasonable accommodation for pregnancy under Ohio’s anti-discrimination law.

Additional Protection – Ohio Civil Rights Act:

Ohio law requires employers to provide a “reasonable” period of leave for pregnancy and childbirth, though it does not define how much time is reasonable.

Source: Ohio Administrative Code § 4112-5-05(G)(2)
Official text: https://codes.ohio.gov/ohio-administrative-code/rule-4112-5-05

4.6 How to Request Accommodations

For Employees:

Step 1: Make the Request

  • Request can be verbal or written (written is recommended for documentation)
  • No “magic words” required
  • Explain what you need and why

Sample language:

  • “I have a medical condition that makes it difficult to [task]. Could I have [accommodation]?”
  • “For religious reasons, I cannot work on [day]. Can we arrange a schedule change?”
  • “I’m pregnant and having difficulty [task]. I need [accommodation].”

Step 2: Provide Information

Be prepared to:

  • Explain your limitation
  • Suggest possible accommodations
  • Provide medical documentation if requested (for disability or pregnancy accommodations)

Medical documentation typically includes:

  • Confirmation of condition/limitation
  • How it affects work
  • Suggested accommodations
  • Duration of need

Step 3: Participate in Interactive Process

  • Respond to employer questions
  • Consider alternative accommodations
  • Be flexible if employer suggests different but effective accommodation

Step 4: Follow Up

  • Ensure accommodation is implemented
  • Report if accommodation is not working
  • Request modifications if needed

For Employers:

Step 1: Recognize Request

  • Train managers to identify accommodation requests
  • Respond promptly (delays can be discriminatory)

Step 2: Gather Necessary Information

  • Ask about limitations and how they affect job performance
  • Request medical documentation only if needed
  • Limit requests to information necessary to verify need

Step 3: Engage in Interactive Process

  • Discuss possible accommodations with employee
  • Consider employee’s suggestions
  • Explore alternatives

Step 4: Make Decision

  • Choose effective accommodation
  • Document decision and reasons
  • Implement promptly

Step 5: Monitor and Adjust

  • Check that accommodation is working
  • Make adjustments as needed
  • Respect employee’s privacy

Common Practices:

For Employees:

  • Request accommodations in writing when possible
  • Keep copies of all communications
  • Document how limitation affects work
  • Be specific about needed accommodations
  • Follow employer’s procedures if they exist

For Employers:

  • Have written accommodation policies
  • Train supervisors on accommodation obligations
  • Respond to requests promptly
  • Document interactive process
  • Keep medical information confidential
  • Be flexible and creative in identifying accommodations

Employer Obligations in Ohio

5.1 Required Workplace Postings

Ohio and federal law require employers to post certain notices in conspicuous locations where employees can easily see them.

Recent Development – Digital Posting Option:

Ohio Senate Bill 33, effective July 20, 2025, allows employers to display most required state labor law posters digitally instead of physically.

Important exception: The following Ohio posters still require physical display:

  • Workers’ Compensation certificate
  • Rebuttable presumption law notice

Federal posters still require physical display. U.S. law was not changed by Ohio SB 33.

Source: Ohio Senate Bill 33 (SB 33)
Effective date: July 20, 2025
Note: Digital posting is optional; employers may continue to use physical posters

Required Ohio State Posters:

1. Ohio Minimum Wage Law

Who must post: ALL Ohio employers
Content: Current minimum wage rates for non-tipped and tipped employees
2026 update: Must reflect $11.00/hour minimum wage effective January 1, 2026

Source: Ohio Department of Commerce
Download: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour/guides-and-resources/minimum-wage-posters
Last updated: December 2025 (for 2026 minimum wage)

2. Ohio Fair Employment Practices (Equal Employment Opportunity)

Who must post: Employers with 4 or more employees
Content: Notice of protections against discrimination based on race, color, religion, sex, military status, national origin, disability, age, and ancestry
Language requirement: Must be posted in a conspicuous place

Source: Ohio Civil Rights Commission requirements
Legal authority: Ohio Revised Code § 4112.07

According to Ohio Revised Code § 4112.07:

“Every employer, labor organization, and employment agency shall post and keep posted in a conspicuous place upon its premises a notice to be prepared or approved by the commission setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a charge.”

Official text: https://codes.ohio.gov/ohio-revised-code/section-4112.07

3. Child Labor Laws Affecting the Employment of Minors

Who must post: All employers who employ or may employ persons under age 18
Content: Summary of Ohio child labor laws, including hours restrictions, prohibited occupations, and work permit requirements
Placement: Must be posted in plain view in a place most employees frequent; must also be placed in every factory, workshop, or office where minors under 18 work

Source: Ohio Department of Commerce
Legal authority: Ohio Revised Code Chapter 4109
Available at: https://com.ohio.gov/divisions-and-programs/industrial-compliance

4. Ohio Unemployment Compensation

Who must post: Employers subject to Ohio unemployment compensation law
Content: Notice of unemployment insurance coverage and how to file claims
Current version: Includes information about auxiliary aids for individuals with disabilities

Source: Ohio Department of Job and Family Services
Available at: https://jfs.ohio.gov

5. Workers’ Compensation Notice

Who must post: ALL Ohio employers (unless specifically exempt)
Content: Information about workers’ compensation coverage and employee rights
Format: Physical certificate from workers’ compensation insurance provider

IMPORTANT: This poster must be physically displayed; digital display does NOT satisfy the requirement.

Source: Ohio Bureau of Workers’ Compensation
Legal authority: Ohio Revised Code Chapter 4123
Website: https://www.bwc.ohio.gov

Note: Self-insured employers have a separate posting requirement.

6. Rebuttable Presumption Law

Who must post: Employers who display workers’ compensation certificate
Content: Notice related to workers’ compensation presumptions
Format: Physical display required (tied to workers’ compensation certificate)

7. Smoke Free Workplace Act

Who must post: All employers
Content: “No Smoking” signs at all entrances to the workplace
2025 update: Updated to include “No Vaping” language and QR code

Source: Ohio Department of Health
Legal authority: Ohio Revised Code § 3794
Official text: https://codes.ohio.gov/ohio-revised-code/section-3794.01

According to Ohio Revised Code § 3794.03:

“An owner, lessee, or other person in charge of a public place or place of employment that is subject to the smoking ban…shall post at each entrance a sign stating ‘No Smoking.'”

8. Whistleblower Protection (Public Employers Only)

Who must post: Public employers (government agencies)
Content: Notice of whistleblower protections for public employees
Not required: Private employers do not need to post this notice

Required Federal Posters:

1. Equal Employment Opportunity (EEO) Law / “Know Your Rights”

Who must post:

  • Employers with 15 or more employees
  • ALL government contractors and subcontractors (regardless of size)

Content: Notice of protections under federal anti-discrimination laws including Title VII, ADA, ADEA, EPA, GINA, PWFA, and PUMP Act

2024 Update: New EEOC poster includes Pregnant Workers Fairness Act (PWFA) and PUMP Act (nursing mothers)

Source: U.S. Equal Employment Opportunity Commission
Download: https://www.eeoc.gov/poster
Last updated: October 2024 (new “Know Your Rights” poster)

2. Fair Labor Standards Act (FLSA) – Federal Minimum Wage

Who must post:

  • Employers engaged in interstate commerce with annual gross sales of $500,000 or more
  • Employers with employees covered by FLSA

Content: Notice of federal minimum wage, overtime, child labor, and recordkeeping requirements

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters
Current version: Includes PUMP Act information (effective December 29, 2022)

3. Family and Medical Leave Act (FMLA)

Who must post: Employers with 50 or more employees
Content: Notice of FMLA rights and responsibilities

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters
Note: Employers not covered by FMLA do not need to post

4. Employee Polygraph Protection Act (EPPA)

Who must post: Virtually all private employers
Content: Notice that most employees cannot be required to take lie detector tests
Exceptions: Certain security service and pharmaceutical employers

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters

5. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Who must post: ALL employers
Content: Notice of employment rights for service members

Source: U.S. Department of Labor, Veterans’ Employment and Training Service
Download: https://www.dol.gov/agencies/vets/programs/userra/poster

6. Job Safety and Health Protection (OSHA)

Who must post: Most private sector employers (OSHA-covered)
Content: Summary of OSHA requirements and employee rights

Source: Occupational Safety and Health Administration
Download: https://www.osha.gov/publications/osha3165
Note: Different versions for general industry, construction, and maritime

7. Employee Rights Under the National Labor Relations Act

Who must post: Most private sector employers
Content: Notice of rights to organize, bargain collectively, and engage in concerted activities

Source: National Labor Relations Board
Download: https://www.nlrb.gov/resources/nlrb-posters

8. Form 300A – Log and Summary of Occupational Injuries and Illnesses

Who must post:

  • Employers with more than 10 employees who are required to follow OSHA recordkeeping requirements
  • Must be posted February 1 through April 30 each year (summarizing previous year)

Content: Summary of workplace injuries and illnesses from previous calendar year

Source: Occupational Safety and Health Administration
Download: https://www.osha.gov/recordkeeping

Additional Industry-Specific Posters:

Certain industries must post additional notices:

  • Federal contractors: Service Contract Act, Davis-Bacon Act posters
  • Agricultural employers: FLSA agricultural exemptions poster
  • Healthcare providers: Patient rights, infection control notices
  • Restaurants/retail: May have additional health department postings

Posting Requirements Summary:

Location: Posters must be displayed in conspicuous locations where employees can easily see them, typically:

  • Break rooms
  • Time clock areas
  • Employee entrances
  • Main office reception areas
  • Other high-traffic areas

Language requirements:

  • Posters should be in English
  • If significant portion of workforce (typically 10% or more) speaks another language as primary language, consider posting in that language
  • Spanish versions available for most federal and Ohio posters

Digital Posting (as of July 2025):

For Ohio state posters (except workers’ compensation and rebuttable presumption):

  • Employers may display digitally via employer intranet or website
  • Must be easily accessible to all employees
  • Optional – physical posting still acceptable

For federal posters:

  • Physical display still required
  • Digital versions can supplement but not replace physical posters

Penalties for Non-Compliance:

Failure to post required notices can result in:

  • Federal penalties: Up to $600+ per poster per violation (varies by poster)
  • Ohio penalties: Varies by violation
  • Civil liability in discrimination or wage complaints
  • DOL citations during investigations

Common Compliance Practices:

  1. Annual review: Employers commonly check for updated posters each January
  2. Immediate updates: Update when minimum wage changes or new laws pass
  3. Multiple locations: Post in all work sites if multiple facilities
  4. Remote employees: Provide digital access or mail physical copies
  5. Stay current: Subscribe to poster update services or check government websites quarterly
  6. Document compliance: Take photos of posted notices with dates

Where to Obtain Posters:

Free sources:

Commercial poster services:

  • Many companies sell “all-in-one” laminated posters
  • Some offer automatic update services
  • Not required to purchase; free government posters are legally compliant

5.2 New Hire Reporting

Ohio law requires employers to report all new hires to the state.

Legal Requirement:

Employers must report newly hired or rehired employees to the Ohio New Hire Reporting Center within 20 days of the employee’s first day of work.

Source: Ohio Revised Code § 3121.894
Official text: https://codes.ohio.gov/ohio-revised-code/section-3121.894

Information Required:

For each new hire, report:

  • Employee’s name
  • Employee’s address
  • Employee’s Social Security Number
  • Employee’s date of hire
  • Employer’s name
  • Employer’s address
  • Employer’s Federal Employer Identification Number (FEIN)

How to Report:

Ohio New Hire Reporting Center

Online: https://www.oh-newhire.com (fastest method)
Phone: 1-888-872-1490
Fax: 1-866-268-0394
Mail: Ohio New Hire Reporting Center
P.O. Box 15309
Columbus, OH 43215-0309

Source: Ohio Department of Job and Family Services
Website: https://jfs.ohio.gov/ocs/New_Hire_Reporting.stm

Why New Hire Reporting Matters:

New hire reporting helps:

  • Locate parents for child support enforcement
  • Prevent unemployment insurance fraud
  • Prevent workers’ compensation fraud

Penalties:

Employers who fail to report can be fined up to:

  • $25 per employee for individual failures
  • Up to $500 per failure for conspiracy to not report

Multi-State Employers:

If you have employees in multiple states, you can:

  • Report to each state individually, OR
  • Report all new hires to one state if you notify the U.S. Secretary of Health and Human Services of your choice and transmit reports magnetically or electronically twice per month (at least 12-16 days apart)

5.3 Recordkeeping Requirements

Employers must maintain various employment records as required by federal and Ohio law.

Federal Requirements (FLSA):

Minimum records to maintain for all employees:

  • Full name and Social Security Number
  • Address including ZIP code
  • Birth date (if younger than 19)
  • Sex and occupation
  • Time and day of week when employee’s workweek begins
  • Hours worked each day and total hours worked each workweek
  • Basis on which employee’s wages are paid (hourly, weekly, piecework, etc.)
  • Regular hourly pay rate
  • Total daily or weekly straight-time earnings
  • Total overtime earnings for the workweek
  • All additions to or deductions from wages
  • Total wages paid each pay period
  • Date of payment and pay period covered

Retention period: 3 years

Source: U.S. Department of Labor
Citation: 29 C.F.R. § 516
Available at: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping

Additional records (2 years):

  • Time cards
  • Wage rate tables
  • Work and time schedules
  • Records of additions to or deductions from wages

Equal Employment Opportunity (EEO) Records:

Employers with 15+ employees must maintain:

  • Personnel or employment records for 1 year
  • For involuntary termination, records must be kept for 1 year from date of termination

Employers with 100+ employees:

  • Must file annual EEO-1 Report

Source: Equal Employment Opportunity Commission
Citation: 29 C.F.R. § 1602
Available at: https://www.eeoc.gov/employers/recordkeeping

Family and Medical Leave Act (FMLA) Records:

Employers covered by FMLA must maintain:

  • Basic payroll and identifying employee data
  • Dates of FMLA leave taken
  • Hours of FMLA leave taken (if leave is taken in increments of less than a full day)
  • Copies of employee notices of leave
  • Documents describing employee benefits and employer policies
  • Premium payments of employee benefits
  • Records of disputes between employer and employee regarding FMLA leave

Retention period: 3 years

Source: U.S. Department of Labor
Citation: 29 C.F.R. § 825.500
Available at: https://www.dol.gov/agencies/whd/fmla

OSHA Records:

Most employers with 11+ employees must maintain:

  • OSHA Form 300: Log of Work-Related Injuries and Illnesses
  • OSHA Form 300A: Summary (must be posted February 1 – April 30)
  • OSHA Form 301: Injury and Illness Incident Report

Retention period: 5 years

Exceptions: Certain low-hazard industries are exempt from routine recordkeeping

Source: Occupational Safety and Health Administration
Citation: 29 C.F.R. § 1904
Available at: https://www.osha.gov/recordkeeping

Immigration Records (Form I-9):

ALL employers must maintain:

  • Completed Form I-9 for each employee
  • Copies of documents reviewed for identity and work authorization (optional but recommended)

Retention period:

  • 3 years after date of hire, OR
  • 1 year after employment ends
  • Whichever is later

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9

Ohio-Specific Requirements:

Workers’ Compensation Records:

Employers must maintain records related to workplace injuries and workers’ compensation claims.

Source: Ohio Bureau of Workers’ Compensation
Website: https://www.bwc.ohio.gov

Unemployment Compensation Records:

Employers must maintain records related to employment and wages for unemployment compensation purposes.

Source: Ohio Department of Job and Family Services
Website: https://jfs.ohio.gov

Common Recordkeeping Practices:

  1. Systematic organization: Create separate files for different record types
  2. Confidential information security: Medical records, I-9s, and EEO data are kept separate from personnel files
  3. Consistent methods: Paper or electronic is acceptable; consistency is important
  4. Policy documentation: Keep copies of all employee handbooks, policies, and acknowledgments
  5. Retention calendars: Maintain schedules for when records can be destroyed
  6. Staff training: Ensure HR personnel understand recordkeeping requirements
  7. Regular audits: Review records periodically to ensure compliance
  8. Electronic record backups: Maintain copies of electronic records
  9. Privacy protection: Limit access to records containing sensitive information
  10. Agency requests: Be prepared to provide records to government agencies upon request

Electronic Recordkeeping:

Electronic recordkeeping is generally acceptable if:

  • Records are readily accessible
  • Records are retrievable in hard copy form
  • Records maintain the same information as paper records
  • System prevents alteration of records

Source: U.S. Department of Labor guidance on electronic recordkeeping

Common Recordkeeping Mistakes to Avoid:

  • Throwing away records too soon
  • Failing to separate medical records from personnel files
  • Not maintaining records for terminated employees
  • Incomplete Form I-9s
  • Missing time records
  • Failing to document FMLA leave
  • Not retaining job applications from rejected applicants
  • Inadequate documentation of performance issues and discipline

5.4 Form I-9 and E-Verify

Federal law requires all U.S. employers to verify the identity and employment authorization of every employee hired.

Form I-9 Requirements:

Who must complete:

  • ALL employers (regardless of size)
  • For ALL employees hired after November 6, 1986
  • Including U.S. citizens and foreign nationals

Timing:

Section 1 (Employee Information and Attestation):

  • Must be completed by employee no later than first day of work for pay

Section 2 (Employer Review and Verification):

  • Must be completed by employer within 3 business days of employee’s first day of work
  • If employment lasts less than 3 days, must be completed by first day of work

Section 3 (Reverification and Rehires):

  • Completed when reverifying work authorization or rehiring employees within 3 years of original I-9 completion date

Source: U.S. Citizenship and Immigration Services
Form download: https://www.uscis.gov/i-9
Instructions: M-274 Handbook for Employers available at USCIS website

Acceptable Documents:

Employees must present:

  • ONE document from List A (proves both identity and work authorization), OR
  • ONE document from List B (proves identity) AND ONE document from List C (proves work authorization)

List A documents:

  • U.S. Passport or Passport Card
  • Permanent Resident Card (Green Card)
  • Foreign passport with I-551 stamp
  • Employment Authorization Document (EAD) with photograph
  • Certain foreign passports with I-94

List B documents (identity only):

  • State-issued driver’s license or ID card
  • School ID with photograph
  • Voter’s registration card
  • U.S. Military Card
  • Others listed on Form I-9

List C documents (work authorization only):

  • Social Security Card (unrestricted)
  • Birth certificate (U.S. or territories)
  • U.S. Citizen ID Card
  • Others listed on Form I-9

Remote Verification (COVID-19 Flexibilities – Check Current Status):

During the COVID-19 pandemic, USCIS allowed remote verification. As of 2026, employers can check the current status of these flexibilities on the USCIS website.

Source: Check USCIS website for current remote verification policies
Website: https://www.uscis.gov/i-9-central

Common I-9 Errors to Avoid:

  1. Not completing Section 2 within 3 business days
  2. Accepting only specific documents (e.g., requiring Social Security card)
  3. Specifying which List documents employees must present
  4. Photocopying documents but not for all employees (must be consistent)
  5. Failing to reverify expiring work authorization
  6. Not retaining I-9s for required period
  7. Pre-completing I-9s before employee’s start date
  8. Not properly correcting errors (don’t use white-out)

E-Verify:

What is E-Verify?

E-Verify is an internet-based system that compares information from an employee’s Form I-9 to U.S. Department of Homeland Security and Social Security Administration records.

Source: U.S. Citizenship and Immigration Services
Website: https://www.e-verify.gov

Is E-Verify required in Ohio?

No – Ohio does not have a statewide E-Verify mandate for private employers.

Exception: Some Ohio employers may be required to use E-Verify if they:

  • Are federal contractors or subcontractors (Federal Acquisition Regulation)
  • Do business with certain state agencies that require E-Verify in contracts

Source: Search conducted of Ohio Revised Code
Date: January 8, 2026
Result: No statewide private employer E-Verify mandate found

Voluntary E-Verify Participation:

Employers may voluntarily enroll in E-Verify. Benefits include:

  • Additional verification of work authorization
  • Protection under “rebuttable presumption” in certain immigration enforcement situations
  • May satisfy certain federal contract requirements

To enroll:

  • Visit www.e-verify.gov
  • Complete registration process
  • Complete required training
  • Begin verifying new hires

E-Verify Timeline:

If using E-Verify, employers must:

  • Create case within 3 business days of employee’s start date
  • Create case only after completing Form I-9
  • Receive results typically within seconds to 24 hours

E-Verify Limitations:

  • Can only be used for employees who have been hired (not applicants)
  • Cannot be used to screen or re-verify current employees (except in specific circumstances)
  • Results are not always instant; some cases require additional verification
  • Employers must follow specific procedures for Tentative Nonconfirmations (TNCs)

ICE Audits and Inspections:

U.S. Immigration and Customs Enforcement (ICE) may conduct:

  • I-9 inspections: Review of Form I-9 compliance
  • Worksite enforcement operations: Investigating unauthorized workers

If you receive a Notice of Inspection:

  • You typically have 3 business days to produce I-9s
  • Consult with immigration attorney immediately
  • Do not destroy or alter records
  • Gather all I-9s and supporting documentation
  • Review records for common errors before submission

Penalties for I-9 Violations:

Paperwork violations:

  • $272 to $2,720 per violation (2024 rates, adjusted annually)

Knowingly hiring unauthorized workers:

  • First offense: $676 to $5,408 per worker
  • Second offense: $5,408 to $13,521 per worker
  • Third or more: $8,113 to $27,042 per worker

Source: U.S. Immigration and Customs Enforcement
Note: Penalty amounts adjust annually for inflation

5.5 Wage Payment Requirements

Ohio law establishes requirements for when and how employees must be paid.

Payment Frequency:

According to Ohio Revised Code § 4113.15:

Employers must pay employees at least semi-monthly (twice per month).

Source: Ohio Revised Code § 4113.15
Official text: https://codes.ohio.gov/ohio-revised-code/section-4113.15

Common payment schedules that comply:

  • Weekly (52 pay periods/year)
  • Bi-weekly (every two weeks, 26 pay periods/year)
  • Semi-monthly (twice per month, 24 pay periods/year)

Monthly payment does NOT comply with Ohio law (not frequent enough).

Method of Payment:

Ohio law does not specify the method of payment. Acceptable methods include:

  • Paper check
  • Direct deposit (with employee authorization)
  • Paycard (with employee authorization)
  • Cash (though rare due to recordkeeping requirements)

Direct deposit must be voluntary – employers cannot mandate direct deposit unless specifically authorized by law or agreement.

Late Payment:

According to Ohio Revised Code § 4113.15:

If wages are not paid within 30 days after they become due, the employer may be liable for liquidated damages in addition to the unpaid wages.

Wage Deductions:

Ohio Revised Code § 4113.19 restricts what can be deducted from wages.

Permitted deductions:

  1. Required by law: Federal/state taxes, Social Security, court orders (garnishments, child support)
  2. Authorized in writing by employee: Health insurance, retirement contributions, union dues, etc.
  3. For employee’s benefit with written authorization: Charitable contributions, parking, uniform costs (if doesn’t reduce wages below minimum wage)

Restricted deductions:

Employers may deduct for cash shortages, inventory losses, lost property, or dishonored checks ONLY if:

  • Employee provides written authorization for the specific deduction
  • Deduction does not reduce employee’s wages below minimum wage
  • Deduction is not for expenses incurred in the course of business

Source: Ohio Revised Code § 4113.19
Official text: https://codes.ohio.gov/ohio-revised-code/section-4113.19

Payday Notice Requirement:

Employers typically:

  • Establish regular paydays
  • Inform employees of payday schedule
  • Post or otherwise notify employees of any changes to payday schedule

Final Paycheck:

Ohio law does not specify when final wages must be paid. Common practice:

  • Pay on the next regular payday
  • Follow any company policy if it provides for earlier payment
  • Ensure all earned wages are paid (including any accrued vacation per company policy)

Wage Statements:

While Ohio law does not mandate itemized wage statements, federal tax law requires employers to provide:

  • Form W-2 annually (by January 31)

Common practice: Employers commonly provide pay stubs with each paycheck showing:

  • Gross wages
  • All deductions
  • Net pay
  • Hours worked (for non-exempt employees)
  • Year-to-date totals

Unclaimed Wages:

Wages that remain unclaimed must be reported to Ohio’s Unclaimed Funds Division after a certain period.

Source: Ohio Department of Commerce, Division of Unclaimed Funds
Website: https://com.ohio.gov/divisions-and-programs/unclaimed-funds

Filing Complaints

6.1 When Employees May File

Employees may consider filing a complaint when they believe their employer has:

Wage and Hour Violations:

  • Failed to pay minimum wage
  • Failed to pay overtime
  • Made improper wage deductions
  • Failed to pay wages owed
  • Misclassified as independent contractor or exempt employee

Discrimination:

  • Treated differently based on race, color, religion, sex, national origin, disability, age, ancestry, or military status
  • Created or permitted a hostile work environment
  • Failed to provide reasonable accommodation

Retaliation:

  • Taken adverse action after employee:
    • Filed a complaint
    • Participated in investigation
    • Reported illegal activity (whistleblowing)
    • Requested accommodation
    • Took protected leave

Safety Violations:

  • Workplace safety hazards
  • Failure to provide required safety equipment
  • Retaliation for reporting safety concerns

Time Limits Matter:

Different claims have different filing deadlines:

  • OCRC (Ohio discrimination): 2 years
  • EEOC (federal discrimination): 180 days (or 300 days if state law also prohibits)
  • OSHA (retaliation): 30 days
  • Wage claims: Varies; file as soon as possible
  • Workers’ compensation: Report injury immediately; file claim within time limits

Filing early is always safer – don’t wait until deadline approaches.

6.2 Ohio Civil Rights Commission (OCRC)

What OCRC Does:

The Ohio Civil Rights Commission investigates complaints of discrimination in:

  • Employment
  • Public accommodations
  • Housing
  • Credit
  • Higher education

Protected Classes:

Race, color, religion, sex, military status, national origin, disability, age, or ancestry

Coverage:

Employers with 4 or more employees

How to File:

Step 1: Determine Eligibility

  • Incident occurred in Ohio
  • Employer has 4+ employees
  • Discrimination based on protected class
  • Within 2-year filing deadline

Step 2: File a Charge

Online: Fastest method
Visit Ohio Civil Rights Commission filing page

In Person: Visit regional office

By Mail: Complete charge form and mail to OCRC

Contact Information:

Ohio Civil Rights Commission

Main Office Address:
30 E. Broad Street, 5th Floor
Columbus, OH 43215

Phone: (888) 278-7101 (toll-free)
(614) 466-2785 (local)

Website: Access information through Ohio.gov and Ohio Attorney General resources

Regional Offices:

OCRC has regional offices throughout Ohio. Contact main office for nearest location.

What Information to Provide:

When filing a charge, provide:

  • Your contact information
  • Employer’s name and address
  • Description of discrimination
  • Dates of discriminatory acts
  • Names of witnesses (if any)
  • Whether you filed with EEOC

The Investigation Process:

Step 1: Intake

OCRC reviews charge to determine whether it has jurisdiction.

Step 2: Notice to Employer

OCRC sends copy of charge to employer.

Step 3: Mediation Opportunity

Both parties offered chance to mediate dispute.

According to standard OCRC and EEOC procedures:

Once a charge is filed, the agency sends notice to the employer with a copy of the complaint. Both the charging party and the employer are given the option to resolve the charge through mediation. Mediation is voluntary and conducted by a neutral third party.

Source: EEOC Mediation Program and OCRC standard procedures
EEOC information available at: https://www.eeoc.gov/mediation
OCRC information available through: Ohio Attorney General’s Office

Step 4: Investigation

If mediation doesn’t resolve the issue, OCRC investigates:

  • Requests information from both parties
  • Interviews witnesses
  • Reviews documents

Step 5: Determination

OCRC determines whether there is probable cause to believe discrimination occurred.

Possible Outcomes:

  1. Probable cause found: OCRC may attempt conciliation; if unsuccessful, may file complaint on your behalf
  2. No probable cause: Charge dismissed; you receive right-to-sue notice
  3. Settlement: Parties reach agreement at any stage

Right-to-Sue Notice:

You may request a right-to-sue notice at certain points, allowing you to file a lawsuit in court.

According to Ohio Revised Code § 4112.052, you may file a civil action if:

  • You receive a notice of right to sue from OCRC
  • You requested a right to sue and OCRC failed to issue it within 45 days
  • OCRC finds probable cause and you elect to file a civil action

Timeframe:

Investigations can take months to over a year depending on complexity and OCRC workload.

Cost:

Filing a charge with OCRC is free.

6.3 Ohio Department of Commerce (Wage and Hour)

What They Handle:

The Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage & Hour Administration enforces:

  • Ohio minimum wage law
  • Prevailing wage on public works projects
  • Notice requirements for wage reductions (minors)

Note: Federal wage and hour violations (FLSA) are handled by U.S. Department of Labor.

How to File a Wage Claim:

Ohio Department of Commerce
Division of Industrial Compliance
Bureau of Wage & Hour Administration

Address:
6606 Tussing Road
Reynoldsburg, OH 43068

Phone: (614) 644-2239

Website: https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour

Online Complaint: Check website for online filing options

What Information to Provide:

  • Your name and contact information
  • Employer’s name and address
  • Dates of employment
  • Description of wage violation
  • Amount of wages owed
  • Pay stubs or other wage documentation (if available)

Investigation Process:

  1. Bureau reviews complaint
  2. May contact employer for response
  3. Investigates as needed
  4. Issues determination

Remedies:

If violation found:

  • Employer must pay unpaid wages
  • Possible liquidated damages
  • Civil penalties possible

Cost:

Filing is free.

Alternative: You may also file a civil lawsuit for wage violations in court without first filing with the agency.

6.4 EEOC (Federal)

What EEOC Does:

The Equal Employment Opportunity Commission enforces federal laws prohibiting employment discrimination:

  • Title VII (race, color, religion, sex, national origin)
  • ADA (disability)
  • ADEA (age 40+)
  • EPA (equal pay)
  • GINA (genetic information)
  • PWFA (pregnancy accommodations)

Coverage:

Generally applies to employers with 15+ employees (20+ for ADEA)

How to File:

Step 1: Contact EEOC

Online: EEOC Public Portal (https://publicportal.eeoc.gov)
Phone: 1-800-669-4000
In Person: Make appointment at EEOC field office

Cleveland Office:
1240 East 9th Street, Suite 3001
Cleveland, OH 44199

Cincinnati Office:
John W. Peck Federal Building
550 Main Street, 10th Floor
Cincinnati, OH 45202

Source: EEOC Field Office Directory
Available at: https://www.eeoc.gov/field-office

Step 2: Pre-Charge Interview

EEOC will conduct interview to gather information about your situation.

Step 3: File Charge

Complete formal charge of discrimination.

Filing Deadline:

180 days from the discriminatory act, OR
300 days if state (Ohio) law also prohibits the discrimination

Ohio has state law prohibiting discrimination, so 300-day deadline typically applies.

Important: Don’t wait – file as soon as possible.

The Investigation Process:

1. Notice to Employer

EEOC sends notice and copy of charge to employer.

2. Mediation Opportunity

EEOC may offer mediation through its free mediation program.

3. Investigation

If no mediation or mediation fails:

  • EEOC requests information from both parties
  • May conduct interviews
  • Reviews evidence

4. Determination

EEOC determines whether there is reasonable cause to believe discrimination occurred.

Possible Outcomes:

Cause Finding:

  • EEOC attempts conciliation
  • If conciliation fails, EEOC may file lawsuit on your behalf (rare)
  • You receive right-to-sue notice

No Cause Finding:

  • Charge dismissed
  • You receive right-to-sue notice

Right-to-Sue Notice:

Allows you to file lawsuit in federal court.

You must file lawsuit within 90 days of receiving right-to-sue notice.

You may request a right-to-sue notice:

  • After 180 days if EEOC hasn’t completed investigation
  • Earlier in some circumstances

Cost:

Filing with EEOC is free.

Dual Filing:

Ohio and EEOC have work-sharing agreement. Charges filed with one agency may be automatically “dual-filed” with the other.

6.5 OSHA (Safety)

What OSHA Does:

The Occupational Safety and Health Administration enforces workplace safety and health standards.

Coverage:

Most private sector employers (some exceptions)

When to File:

File an OSHA complaint if:

  • Workplace safety hazards exist
  • Employer failed to provide required safety equipment
  • Employer violated OSHA standards
  • Employer retaliated for reporting safety concerns

How to File:

Online: OSHA’s Online Complaint Form
https://www.osha.gov/workers/file-complaint

Phone: 1-800-321-OSHA (6742)

In Person: Visit local OSHA office

Ohio OSHA Offices:

Cincinnati Area Office:
36 Triangle Park Drive
Cincinnati, OH 45246
(513) 841-4132

Cleveland Area Office:
1240 East 9th Street, Room 899
Cleveland, OH 44199
(216) 522-3818

Columbus Area Office:
200 North High Street, Room 620
Columbus, OH 43215
(614) 469-5582

Toledo Area Office:
Federal Office Building
234 Summit Street, Room 734
Toledo, OH 43604
(419) 259-7542

Source: OSHA Regional and Area Offices
Available at: https://www.osha.gov/contactus/bystate/OH/areaoffice

What Information to Provide:

  • Your name (can file anonymously but more effective if you identify yourself)
  • Employer name and address
  • Worksite address (if different)
  • Type of business
  • Describe hazards
  • Location of hazards
  • Number of employees exposed

Investigation Process:

OSHA will:

  • Review complaint
  • Determine if inspection warranted
  • Conduct inspection if appropriate
  • Issue citations if violations found

Timeframe:

  • Imminent danger situations: Immediate response
  • Serious hazards: Inspections prioritized
  • Other complaints: May take weeks or months

Retaliation Protection:

It is illegal for employers to retaliate against employees who:

  • File OSHA complaints
  • Participate in OSHA inspections
  • Report workplace injuries
  • Raise safety concerns

Retaliation Complaint Deadline: 30 days from retaliation

Source: Occupational Safety and Health Administration
Citation: Section 11(c) of OSH Act
Available at: https://www.osha.gov/whistleblower

Cost:

Filing is free.

6.6 Private Lawsuit Options

When You Can Sue:

Employees may file private lawsuits for various employment law violations.

Wage and Hour Claims:

  • Can file in state court without first filing with agency
  • Federal FLSA claims in federal or state court
  • Ohio wage claims in state court

Statute of limitations:

  • Federal (FLSA): 2 years (3 years if willful)
  • Ohio wage claims: Check with attorney (varies by claim type)

Discrimination Claims:

For Ohio law claims:

According to Ohio Revised Code § 4112.052, you generally must:

  1. File charge with OCRC within 2 years
  2. Receive right-to-sue notice
  3. File lawsuit within 2 years of the alleged discrimination

For federal law claims:

  1. File charge with EEOC within 300 days (in Ohio)
  2. Receive right-to-sue notice from EEOC
  3. File lawsuit within 90 days of receiving notice

Wrongful Discharge:

Public policy claims may be filed directly in court (consult attorney regarding deadlines and requirements).

Contract Claims:

If you have an employment contract, you may sue for breach of contract.

When to Consider Hiring an Attorney:

Individuals may consider hiring an attorney for:

  • Complex discrimination or retaliation cases
  • Significant damages
  • Cases requiring substantial document review
  • Federal court litigation
  • If agency found no cause but you believe discrimination occurred

Many employment attorneys offer free consultations.

Some attorneys work on contingency (paid from recovery if you win).

Finding an Attorney:

  • Ohio State Bar Association Lawyer Referral Service: https://www.ohiobar.org
  • Legal Aid Services: For low-income individuals
  • Private employment law firms

6.7 Filing Information

Before You File:

  1. Document everything:
    • Keep copies of pay stubs, time records, performance reviews
    • Write down dates, times, witnesses to incidents
    • Save emails, texts, and other communications
    • Note who said what and when
  2. Review employer policies:
    • Employee handbook
    • Company complaint procedures
    • Any employment contracts
  3. Report internally first (in some cases):
    • Some situations benefit from internal complaint first
    • Creates documentation
    • May resolve issue without legal action
    • Exception: If you fear retaliation or employer is unresponsive
  4. Don’t delay:
    • Filing deadlines are strict
    • Evidence may be lost over time
    • Memories fade
    • File as soon as possible
  5. Consult an attorney:
    • Many offer free consultations
    • Can advise on best strategy
    • Can help with complex cases

When Filing:

  1. Be truthful and accurate:
    • Provide accurate information
    • Don’t exaggerate
    • Stick to facts
    • Admit if you don’t know something
  2. Be specific:
    • Provide dates, times, locations
    • Name witnesses
    • Describe incidents in detail
    • Explain how you were harmed
  3. Be organized:
    • Organize documents chronologically
    • Create timeline of events
    • Label and identify documents
    • Keep copies of everything
  4. Be professional:
    • Remain calm and professional
    • Focus on facts, not emotions
    • Cooperate with investigators
    • Respond to requests promptly
  5. Keep information confidential:
    • Don’t discuss investigation on social media
    • Limit who you tell
    • Don’t destroy evidence
    • Don’t retaliate against employer

After Filing:

  1. Cooperate with investigation:
    • Respond to requests promptly
    • Provide additional information if requested
    • Be available for interviews
  2. Continue working (if still employed):
    • Perform your job duties
    • Follow workplace rules
    • Don’t give employer reason to terminate for legitimate reasons
    • Document any retaliation
  3. Don’t give up:
    • Investigations take time
    • Stay patient
    • Follow up periodically
    • Keep pursuing your claim
  4. Consider settlement:
    • Be open to reasonable settlement offers
    • Consult attorney before accepting
    • Settlement may resolve matter faster
    • Get settlement terms in writing
  5. Know your options:
    • If agency finds no cause, you may still sue
    • Can appeal certain agency decisions
    • Attorney can explain next steps

Common Mistakes to Avoid:

  • Missing filing deadlines
  • Failing to document incidents
  • Destroying evidence
  • Posting about case on social media
  • Not following up on complaint
  • Giving up too soon
  • Accepting settlement without legal advice
  • Retaliation against employer or witnesses

Remote Work in Ohio

7.1 Key Considerations

Remote work has become increasingly common, raising important employment law questions.

Ohio Employment Law Applies:

If an employee works remotely in Ohio for an Ohio employer, Ohio employment law generally applies:

  • Ohio minimum wage requirements
  • Ohio anti-discrimination protections
  • Ohio wage payment laws
  • Ohio workers’ compensation

Multi-State Issues:

If an employee works remotely from a different state:

  • That state’s employment laws may apply
  • Employers must comply with multiple state laws
  • Payroll tax and workers’ compensation implications
  • Consult legal and tax advisors for multi-state workforces

Key Employment Law Areas for Remote Workers:

1. Wage and Hour:

  • Remote workers must be paid at least minimum wage
  • Non-exempt remote workers must receive overtime for hours over 40/week
  • Employers must track hours worked
  • Compensable time includes:
    • Time spent working at home
    • Training time
    • Mandatory meetings (even virtual)
    • Some on-call time

2. Workplace Safety:

  • OSHA applies to remote workers
  • Employers must provide safe work environment
  • May need to inspect home offices in some cases
  • Ergonomic considerations

3. Accommodations:

  • Remote work may be a reasonable accommodation for disability or pregnancy
  • Employers must engage in interactive process
  • Remote work arrangements should be documented

4. Discrimination and Harassment:

  • Anti-discrimination laws apply to remote workers
  • Virtual harassment is prohibited
  • Managers must be trained on remote work issues

5. Wage Payment:

  • Must pay remote workers on regular schedule
  • Same payment method rules apply

6. Leaves:

  • FMLA applies to eligible remote workers
  • Remote workers entitled to same leave rights

7. Expense Reimbursement:

  • Ohio law does not require employers to reimburse remote workers for business expenses
  • Federal law requires reimbursement if expenses would reduce wages below minimum wage
  • Some states (California, Illinois, etc.) require reimbursement
  • Employers commonly have clear policies on expense reimbursement

7.2 Employer Policies

Employers commonly establish remote work policies addressing:

Eligibility:

  • Which positions are eligible for remote work
  • Full-time vs. occasional remote work
  • Application and approval process

Work Hours:

  • Expected work hours
  • Availability requirements
  • Time tracking procedures

Equipment and Technology:

  • What employer provides
  • Employee’s responsibilities
  • Security requirements
  • Use of personal devices

Workspace:

  • Requirements for home office
  • Safety considerations
  • Ergonomics

Performance and Productivity:

  • Performance expectations
  • Communication requirements
  • Meeting attendance

Expenses:

  • What expenses employer will reimburse
  • How to request reimbursement

Data Security:

  • Confidentiality requirements
  • Use of VPN
  • Document handling

Return to Office:

  • Notice requirements
  • Circumstances for ending remote work arrangement

Common Policy Elements:

  1. Put policy in writing
  2. Apply consistently
  3. Train managers
  4. Document remote work arrangements
  5. Track hours for non-exempt employees
  6. Maintain regular communication
  7. Ensure equal treatment of remote and on-site employees

7.3 Remote Work Accommodations

Remote work may be a reasonable accommodation under the ADA or PWFA.

When Remote Work May Be Required:

1. Disability Accommodation (ADA):

If an employee with a disability requests remote work as an accommodation:

  • Engage in interactive process
  • Determine if essential job functions can be performed remotely
  • Consider if remote work would be effective accommodation
  • Assess undue hardship

Remote work is more likely to be reasonable accommodation if:

  • Job functions can be performed remotely
  • No need for in-person presence
  • Employer already allows some remote work
  • Technology supports remote work

2. Pregnancy Accommodation (PWFA):

Under the Pregnant Workers Fairness Act:

  • Telework or remote work may be reasonable accommodation for pregnancy-related limitations
  • Particularly if employer already permits remote work
  • Interactive process required

3. Religious Accommodation:

In rare cases, remote work might be religious accommodation (e.g., to avoid traveling on Sabbath).

Employer Considerations:

  • Assess each request individually
  • Consider trial period
  • Document interactive process
  • Ensure consistency
  • Don’t assume remote work is never feasible
  • Don’t require medical documentation beyond what’s necessary

Employee Tips:

  • Request accommodation in writing
  • Explain how remote work would address limitation
  • Suggest trial period if employer hesitant
  • Be flexible if employer proposes alternative effective accommodation

2026 Ohio Employment Law Updates

8.1 Minimum Wage Increase

Effective January 1, 2026:

Ohio’s minimum wage increased to $11.00 per hour for non-tipped employees and $5.50 per hour for tipped employees.

Source: Ohio Department of Commerce
Published: December 31, 2025
Available at: https://com.ohio.gov/about-us/media-center/news/ohio+minimum+wage+set+to+increase+in+2026

This 2.8% increase is tied to inflation (Consumer Price Index) as mandated by Ohio Constitution Article II, Section 34a, passed by voters in 2006.

Applicable to: Employers with annual gross receipts exceeding $405,000 (increased from $394,000 in 2025).

Impact:

  • Approximately 150,000 Ohio workers earn minimum wage
  • Employers must update payroll systems
  • Must post updated minimum wage poster
  • Review exempt salary levels (federal threshold is $684/week; ensure compliance)

8.2 Recent Legislation

Employment Law Uniformity Act (HB 352) – Implemented April 2021:

Significant changes to Ohio discrimination law continue to apply:

  1. Administrative exhaustion required: Must file with OCRC before lawsuit (with exceptions)
  2. Elimination of individual supervisor liability: Supervisors generally not personally liable (exceptions for employer-owners and certain retaliation)
  3. Two-year statute of limitations: For filing charges and lawsuits
  4. Faragher-Ellerth defense codified: Affirmative defense for sexual harassment
  5. Damage caps: Ohio tort reform caps apply to discrimination claims

Source: House Bill 352
Effective: April 13, 2021
Ohio Revised Code: Sections 4112.01-4112.99 (as amended)

Digital Posting Option (SB 33) – Effective July 2025:

Ohio Senate Bill 33 allows employers to display most state labor law posters digitally (exceptions: workers’ compensation certificate and rebuttable presumption notice).

Federal posters still require physical display.

Source: Ohio Senate Bill 33
Effective: July 20, 2025

Pregnant Workers Fairness Act (Federal) – Effective 2023:

Federal law requiring pregnancy accommodations took effect June 27, 2023. Final EEOC regulations became effective June 18, 2024.

Impact on Ohio employers with 15+ employees:

  • Must provide reasonable accommodations for pregnancy, childbirth, and related medical conditions
  • Cannot require pregnant workers to take leave if reasonable accommodation available

Source: Pregnant Workers Fairness Act
EEOC regulations: 29 C.F.R. Part 1636
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

PUMP Act (Federal) – Effective 2022:

Providing Urgent Maternal Protections for Nursing Mothers Act expanded break time requirements for nursing mothers to include exempt employees.

Source: Fair Labor Standards Act (as amended by PUMP Act)
Effective: December 29, 2022
Available at: https://www.dol.gov/agencies/whd/pump-at-work

8.3 Pending Developments

Federal Developments to Monitor:

  1. Overtime Rule Updates:
    • DOL regulations on salary thresholds for overtime exemptions continue to be subject to legal challenges
    • Monitor DOL website for current thresholds
  2. Joint Employer Rule:
    • NLRB and DOL continue to refine joint employer standards
    • Important for staffing agencies, franchisors, and multi-entity employers
  3. Independent Contractor Classification:
    • DOL issued new rule on independent contractor classification (effective March 2024)
    • Ongoing litigation and potential changes

Ohio Developments to Monitor:

  1. Pay Transparency:
    • Some states have enacted pay transparency laws
    • Ohio has not enacted pay transparency requirements as of January 2026
    • Monitor for potential legislation
  2. Paid Sick Leave:
    • Ohio does not have statewide paid sick leave requirement
    • Some Ohio cities may consider local ordinances
    • Monitor local developments
  3. Non-Compete Agreements:
    • FTC attempted nationwide non-compete ban (blocked by federal court)
    • Ohio law on non-competes remains unchanged
    • Monitor for federal and state developments

How to Stay Updated:

  1. Subscribe to updates:
  2. Join professional organizations:
    • Society for Human Resource Management (SHRM) – Ohio chapters
    • Ohio Chamber of Commerce
    • Industry-specific associations
  3. Consult employment law attorney:
    • Regular legal audits
    • Policy updates
    • Training for management
  4. Monitor news sources:
    • Ohio employment law blogs
    • Legal news services
    • Chamber of Commerce updates

Quarterly Review Schedule:

This guide recommends quarterly review (every 3 months) to check for:

  • Minimum wage changes
  • New legislation
  • Updated regulations
  • Court decisions
  • Agency guidance

Resources

Official Government Resources

Ohio State Agencies

Ohio Department of Commerce
Division of Industrial Compliance
Purpose: Enforces wage and hour laws, workplace postings
Phone: (614) 644-2239
Website: https://com.ohio.gov/divisions-and-programs/industrial-compliance
Services: Wage complaints, minimum wage information, workplace posters, child labor information

Ohio Civil Rights Commission
Purpose: Investigates employment discrimination complaints
Address: 30 E. Broad Street, 5th Floor, Columbus, OH 43215
Phone: (888) 278-7101 or (614) 466-2785
Services: Discrimination complaint intake, investigation, education

Ohio Attorney General’s Office
Civil Rights Section
Purpose: Represents OCRC in litigation
Website: https://www.ohioattorneygeneral.gov/About-AG/Service-Divisions/Civil-Rights
Publications: Fair Employment Guide for Business Owners

Ohio Bureau of Workers’ Compensation
Purpose: Administers workers’ compensation program
Phone: 1-800-644-6292
Website: https://www.bwc.ohio.gov
Services: Workers’ compensation claims, employer coverage, safety programs

Ohio Department of Job and Family Services
Purpose: Unemployment compensation, new hire reporting
Phone: (614) 466-2319
Website: https://jfs.ohio.gov
Services: Unemployment insurance, new hire reporting, child support enforcement

Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)
Purpose: Enforces federal anti-discrimination laws
Phone: 1-800-669-4000
Website: https://www.eeoc.gov
Filing: https://publicportal.eeoc.gov

Cleveland Office:
1240 East 9th Street, Suite 3001, Cleveland, OH 44199

Cincinnati Office:
550 Main Street, 10th Floor, Cincinnati, OH 45202

U.S. Department of Labor
Wage and Hour Division
Purpose: Enforces FLSA, FMLA, and other federal wage laws
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd
Services: Wage complaints, FLSA guidance, FMLA information, workplace posters

Occupational Safety and Health Administration (OSHA)
Purpose: Enforces workplace safety standards
Phone: 1-800-321-6742
Website: https://www.osha.gov

Ohio OSHA Offices:

  • Cincinnati: (513) 841-4132
  • Cleveland: (216) 522-3818
  • Columbus: (614) 469-5582
  • Toledo: (419) 259-7542

National Labor Relations Board (NLRB)
Purpose: Enforces labor relations laws
Phone: 1-844-762-6572
Website: https://www.nlrb.gov

Cincinnati Regional Office:
36 East 7th Street, Suite 2100, Cincinnati, OH 45202
Phone: (513) 684-3686

U.S. Citizenship and Immigration Services (USCIS)
Purpose: Form I-9, E-Verify
Website: https://www.uscis.gov
I-9 Central: https://www.uscis.gov/i-9-central
E-Verify: https://www.e-verify.gov

Legal Assistance Resources

For Employees:

Ohio State Bar Association
Lawyer Referral Service
Phone: (614) 487-2050 or 1-800-282-6556
Website: https://www.ohiobar.org
Services: Attorney referrals by practice area and location

Legal Aid Organizations (Income-Based Eligibility):

Legal Aid Society of Columbus
Phone: (614) 241-2001
Website: https://www.columbuslegalaid.org

The Legal Aid Society of Cleveland
Phone: (216) 687-1900
Website: https://lasclev.org

Legal Aid of Western Ohio
Phone: (419) 724-0700
Website: https://www.lawolaw.org

Ohio State Legal Services Association
Website: https://www.oslsa.org
Referrals to legal aid programs statewide

U.S. Department of Justice
Civil Rights Division, Disability Rights Section
Phone: 1-800-514-0301 (voice) or 1-833-610-1264 (TTY)
Website: https://www.ada.gov
Services: ADA information and technical assistance

For Employers:

Ohio Chamber of Commerce
Phone: (614) 228-4201
Website: https://www.ohiochamber.com
Services: Policy updates, employment law resources, training

Society for Human Resource Management (SHRM)
Ohio Chapters
Website: https://www.shrm.org
Services: HR resources, training, networking

Key Publications and Guides

Free Government Publications:

From Ohio Attorney General:

From U.S. Department of Labor:

From EEOC:

From OSHA:

Job Accommodation Resources:

Job Accommodation Network (JAN)
Free consulting service on workplace accommodations
Phone: 1-800-526-7234
Website: https://askjan.org
Services: Accommodation ideas, ADA guidance, searchable database

Additional Resources

Accommodation and Leave:

ADA National Network
Phone: 1-800-949-4232
Website: https://adata.org
Services: ADA technical assistance

U.S. Department of Labor – FMLA
Website: https://www.dol.gov/agencies/whd/fmla
Tools: FMLA calculator, forms, fact sheets

Workers’ Compensation:

Ohio BWC eLearning
Website: https://www.bwc.ohio.gov
Services: Online safety training, claim filing guidance

Immigration:

USCIS I-9 Central
Website: https://www.uscis.gov/i-9-central
Resources: I-9 forms, M-274 Handbook, webinars

E-Verify
Website: https://www.e-verify.gov
Services: Registration, user manual, tutorials

Staying Current

Subscription Services (Free):

Ohio Department of Commerce Updates
Subscribe at: https://com.ohio.gov

U.S. Department of Labor Email Updates
Subscribe at: https://www.dol.gov/newsroom/newsletter

EEOC Newsroom
Subscribe at: https://www.eeoc.gov/newsroom

Professional Organizations:

Consider joining for updates and training:

  • Ohio Chamber of Commerce
  • Ohio SHRM chapters
  • Industry-specific associations
  • Bar association employment law sections (for attorneys)

Frequently Asked Questions - Ohio Employment Law

1. What is employment law in Ohio?

Employment law in Ohio consists of state and federal statutes, regulations, and court decisions governing the relationship between employers and employees. It covers wages, working conditions, discrimination, safety, leave, and other aspects of employment. Ohio’s primary employment law provisions are found in Ohio Revised Code Chapters 4111 (Wage and Hour), 4112 (Civil Rights), and 4113 (Miscellaneous Employment Provisions), along with federal laws like the Fair Labor Standards Act, Title VII, and the Americans with Disabilities Act.

2. What is the difference between labor law and employment law?

Employment law is the broader legal framework governing individual employee-employer relationships, covering wages, discrimination, safety, and individual employment contracts. Labor law specifically addresses collective bargaining, union organization, and labor-management relations. In Ohio, employment law applies to all workers, while labor law primarily affects unionized employees and those organizing unions. Ohio Revised Code Chapter 4117 governs public sector labor relations, while federal law (National Labor Relations Act) governs private sector labor relations.

3. Is Ohio an at-will employment state?

Yes, Ohio is an at-will employment state. This means employment can generally be terminated by either the employer or employee at any time, for any legal reason, or no reason at all. However, significant exceptions exist: employers cannot terminate employees for discriminatory reasons, in retaliation for protected activities, in violation of public policy, or in breach of an employment contract. The at-will doctrine does not apply to employees with contracts, union members with collective bargaining agreements, or certain public employees with civil service protections.

4. What is the minimum wage in Ohio for 2026?

As of January 1, 2026, Ohio’s minimum wage is $11.00 per hour for non-tipped employees at businesses with annual gross receipts exceeding $405,000. Tipped employees must receive at least $5.50 per hour plus tips. For employees at smaller businesses (gross receipts of $405,000 or less) and workers aged 14-15, the federal minimum wage of $7.25 per hour applies. The Ohio minimum wage is adjusted annually based on the Consumer Price Index as required by the Ohio Constitution.

5. Does Ohio require employers to pay overtime?

Yes, Ohio law requires employers to pay overtime at 1.5 times the regular rate for hours worked over 40 in a workweek for non-exempt employees. This requirement is found in Ohio Revised Code § 4111.03 and generally mirrors federal requirements under the Fair Labor Standards Act. Ohio does not require daily overtime (unlike some states like California). Certain employees are exempt from overtime requirements, including executive, administrative, professional, and outside sales employees who meet specific salary and duties tests.

6. What are Ohio’s meal and rest break requirements?

Ohio does not require employers to provide meal breaks or rest breaks for adult employees. No Ohio statute mandates breaks for workers age 18 and older. However, minors (under age 18) must receive a 30-minute rest period for every five consecutive hours worked. If an employer voluntarily provides short breaks (5-20 minutes), federal law requires those breaks to be paid. Meal periods of 30 minutes or more may be unpaid if the employee is completely relieved of duties.

7. What are my employee rights in Ohio?

Ohio employees have the right to: (1) receive at least minimum wage and overtime pay if non-exempt; (2) work in a discrimination-free environment (protected from discrimination based on race, color, religion, sex, national origin, disability, age 40+, ancestry, and military status); (3) request reasonable accommodations for disabilities, religious beliefs, and pregnancy; (4) a safe workplace free from recognized hazards; (5) file complaints about wage violations, discrimination, or unsafe conditions without retaliation; (6) take protected leave under FMLA if eligible; (7) privacy of medical information; and (8) access personnel files under certain circumstances.

8. Can an employer fire me for any reason in Ohio?

Generally yes, due to Ohio’s at-will employment doctrine. However, employers cannot fire you for illegal reasons, including: (1) discrimination based on protected characteristics (race, sex, religion, disability, age 40+, etc.); (2) retaliation for filing complaints, participating in investigations, or whistleblowing; (3) taking protected leave (FMLA, military leave, jury duty); (4) violation of public policy; or (5) breach of an employment contract. If you believe you were fired for an illegal reason, you may have a wrongful termination claim. Consult an employment attorney to evaluate your situation.

9. How do I file a discrimination complaint in Ohio?

To file a discrimination complaint in Ohio: (1) File with the Ohio Civil Rights Commission (OCRC) within 2 years of the discrimination at (888) 278-7101 or online; and/or (2) File with the federal Equal Employment Opportunity Commission (EEOC) within 300 days at 1-800-669-4000 or online. Under Ohio’s Employment Law Uniformity Act (effective April 2021), you generally must file with OCRC and receive a right-to-sue notice before filing a lawsuit in state court. The EEOC and OCRC have a work-sharing agreement, so charges are often “dual-filed” with both agencies.

10. Can I request remote work as a reasonable accommodation?

Yes, remote work may be a reasonable accommodation under the Americans with Disabilities Act (ADA) for a disability or under the Pregnant Workers Fairness Act (PWFA) for pregnancy-related limitations. To request remote work as an accommodation: (1) inform your employer of your disability or pregnancy-related limitation; (2) explain that you need remote work as an accommodation; (3) be prepared to provide medical documentation if requested; and (4) participate in the interactive process. The employer must provide remote work if it’s a reasonable accommodation that doesn’t cause undue hardship. Remote work is more likely to be feasible if job functions can be performed remotely and the employer already permits some remote work.

11. What are employer obligations in Ohio?

Ohio employers must: (1) pay at least minimum wage ($11.00/hour for applicable employers in 2026) and overtime; (2) post required workplace notices (federal and state); (3) maintain records (wages, I-9s, personnel files, OSHA logs if required); (4) complete Form I-9 for all new hires; (5) report new hires within 20 days; (6) provide workers’ compensation coverage; (7) not discriminate based on protected characteristics; (8) provide reasonable accommodations for disabilities, religion, and pregnancy; (9) grant FMLA leave if covered employer; (10) maintain safe workplace; (11) not retaliate against employees for protected activities; and (12) pay wages at least semi-monthly.

12. What workplace posters are required in Ohio?

All Ohio employers must post: (1) Ohio Minimum Wage (showing $11.00/hour for 2026); (2) Ohio Fair Employment Practices (if 4+ employees); (3) Child Labor Laws (if employing minors); (4) Ohio Unemployment Compensation; (5) Workers’ Compensation certificate (physical); (6) “No Smoking”/”No Vaping” signs. Federal posters required include: (1) EEOC “Know Your Rights” (if 15+ employees); (2) FLSA Minimum Wage; (3) FMLA (if 50+ employees); (4) EPPA; (5) USERRA; (6) OSHA Job Safety; (7) NLRA; and (8) OSHA Form 300A (Feb-Apr if required). As of July 2025, Ohio allows digital posting for most state posters, but workers’ comp and federal posters must be physical.

13. What are Ohio’s recordkeeping requirements for employers?

Ohio employers must maintain: (1) wage and hour records for 3 years (hours worked, wages paid, deductions); (2) personnel records for at least 1 year after termination; (3) Form I-9 for 3 years after hire or 1 year after termination (whichever is later); (4) OSHA injury/illness logs for 5 years (if required); (5) FMLA records for 3 years (if applicable); (6) EEO records for 1 year; (7) medical records separate from personnel files; (8) records related to workers’ compensation claims; and (9) unemployment compensation wage records. Keep different record types in separate, organized files and follow retention schedules.

14. Does Ohio require paid sick leave?

No, Ohio does not have a statewide law requiring private employers to provide paid sick leave. However, employees may be entitled to sick leave through: (1) employer policies (many employers voluntarily provide paid sick leave); (2) collective bargaining agreements (union contracts); (3) individual employment contracts; or (4) local ordinances (check local city codes). While Ohio doesn’t mandate paid sick leave, eligible employees may take unpaid leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition or to care for family members. Federal contractors must provide paid sick leave under Executive Order 13706.

15. What remote work protections exist in Ohio?

Ohio employment laws apply to remote workers, including minimum wage, overtime, anti-discrimination protections, and workplace safety requirements. Remote work may be required as a reasonable accommodation under the ADA (for disabilities) or PWFA (for pregnancy). Ohio does not have specific laws requiring employers to allow remote work or to reimburse remote workers for business expenses. However, employers must: (1) pay minimum wage and overtime to remote workers; (2) track hours for non-exempt employees; (3) not discriminate against remote workers; (4) provide accommodations if required; (5) maintain safe work environment; and (6) reimburse expenses if failure to do so would reduce wages below minimum wage. Multi-state remote work arrangements may trigger obligations under other states’ laws.

Others

California
Texas
Illinois
North Carolina
New York

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current