OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 30 Bill Analysis
135th General Assembly
Click here for S.B. 30’s Fiscal Note
Version: As Reported by House Commerce and Labor
Primary Sponsor: Sen. Schaffer
Effective Date:
Paul Luzzi, Attorney
SUMMARY
Allows a 14- or 15-year-old to be employed between 7:00 p.m. and 9:00 p.m. at any
time of the year if the minor has approval to do so from a parent or legal guardian.
Requires a minor who wishes to receive an age and schooling certificate (commonly
referred to as a “work permit”) to submit a minor work hour notification form that is
signed by the child’s parent or legal guardian.
DETAILED ANALYSIS
Hours of work for 14- and 15-year-olds
The bill allows a 14- or 15-year-old to be employed between 7:00 p.m. and 9:00 p.m. at
any time during the year if the minor has approval to do so from the minor’s parent or legal
guardian.
Continuing law allows a 14- or 15-year-old to work between 7:00 a.m. and 9:00 between
June 1 and September 1 or during any school holiday of five school days or more. However,
current law generally prohibits a 14- or 15-year-old from being employed after 7:00 p.m. at any
other time of the year. The bill retains this prohibition, but allows for the exception to work
until 9:00 p.m. with permission as discussed above.1
Under continuing law, the penalty for a violation related to the hours of work for 14- or
15- year olds is a minor misdemeanor on a first offense and a third degree misdemeanor on
each subsequent offense.2
1 R.C. 4109.07.
2 R.C. 4109.99, not in the bill.
May 10, 2023
Office of Research and Drafting LSC Legislative Budget Office
The bill does not change the limitation on hours of work for minors under age 16 who
engage in door-to-door sales activity. Under continuing law, a minor under age 16 cannot work
in any door-to-door sales activity before 7:00 a.m. or after 7:00 p.m.3
Interaction with federal law
The federal Fair Labor Standards Act4 (FLSA) generally prohibits a 14- or 15-year-old
from working past 7:00 p.m. except during summer. However, a 14- or 15-year-old may work
until 9:00 p.m. between June 1 and Labor Day.5
If an employer is subject to both the FLSA and a state law, whichever law is more
protective of the minor prevails.6 Thus, if an employer is subject to both the FLSA and Ohio’s
Minor Labor Law as amended by the bill, it appears that the more protective FLSA would prevail
regarding a 14- or 15-year-old working past 7:00 p.m. during the school year.
Continuing law applicable to other minors
Continuing law generally prohibits any person under 14 years of age from being
employed.7 The work hours for a 16- or 17-year-old who must attend school is limited to
between 7:00 a.m. and, on a night that precedes a school day, 11:00 p.m. However, the 16- or
17-year-old may begin work after 6:00 a.m. if the minor did not work after 8:00 p.m. the
previous night.8
Work hour notification form
The bill requires a minor who wishes to receive an age and schooling certificate
(commonly referred to as a “work permit”) to submit a minor work hour notification form that
is signed by the child’s parent or legal guardian. The Director of Commerce must create, and
make available to the public, a minor work hour notification form that provides notice of the
hours a minor may work under Ohio law. By signing the form, the parent or guardian
acknowledges that the parent or guardian has received notice of the information on the form. 9
3 R.C. 4109.21, not in the bill.
4 29 United States Code (U.S.C.) 201 et seq.
5 29 Code of Federal Regulations (C.F.R.) 570.35.
6 29 U.S.C. 218.
7 29 U.S.C. 203(l), 29 C.F.R. 570.119, and R.C. 4109.05, not in the bill.
8 R.C. 4109.07, by reference to R.C. Chapter 3321.
9 R.C. 3331.02.
P a g e |2 S.B. 30
As Reported by House Commerce and Labor
Office of Research and Drafting LSC Legislative Budget Office
Continuing law work permit requirement
With certain exceptions, a minor in Ohio who is of compulsory school age 10 may not be
employed by any employer unless the minor presents to the employer a proper work permit. 11
The permit may be issued only by the superintendent of the school district in which the minor
resides or by the chief administrative officer of a nonpublic or community school at which the
minor is a student.12
Exceptions
A minor who is 16 or 17 years old may work during summer vacation without a work
permit in nonagricultural and nonhazardous employment or in other employment not
prohibited to minors of that age. Ohio’s work permit requirement also contains numerous
exceptions for specific industries for which minor labor is common, including lawn mowing,
snow shoveling, or newspaper delivery, or work on a family farm. Additionally, a minor does not
have to obtain a work permit if the minor has received a high school diploma or a certificate of
attendance from an accredited secondary school or a certificate of high school equivalence.
Additional exceptions also may apply.13
Requirements for issuance
For a superintendent or chief administrative officer to issue a work permit, the
superintendent or chief administrative officer must receive satisfactory proof that the
individual to whom the certificate is issued is at least 14 years old and must receive, examine,
approve, and file all of the following duly executed papers:
A written pledge or promise by the employer to (1) legally employ the minor, (2) permit
the minor to attend school as prescribed in the law, and (3) give notice of the nonuse of
a work permit;
The minor’s school record (including the minor’s recorded age) or information
submitted to the superintendent by the parent of a minor who is instructed at home;
Evidence of the minor’s age as prescribed in the law;
A certificate from a health care provider showing that the minor is physically fit to be
employed.14
10 A child between ages six and 18 is considered to be of compulsory school age (R.C. 3321.01, not in the
bill).
11 R.C. 4109.02(A), not in the bill.
12 R.C. 3331.01, not in the bill.
13 R.C. 4109.02 and 4109.06, not in the bill.
14 R.C. 3331.02 and R.C. 3331.01, not in the bill.
P a g e |3 S.B. 30
As Reported by House Commerce and Labor
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 01-26-23
Reported, S. Workforce & Higher Education 03-01-23
Passed Senate (25-7) 03-08-23
Reported, H. Commerce & Labor 05-09-23
ANSB0030RH-135/ks
P a g e |4 S.B. 30
As Reported by House Commerce and Labor
Statutes affected: As Introduced: 4109.07
As Reported By Senate Committee: 3331.02, 4109.07
As Passed By Senate: 3331.02, 4109.07
As Reported By House Committee: 3331.02, 4109.07