As Introduced
135th General Assembly
Regular Session H. B. No. 96
2023-2024
Representatives Jarrells, Mohamed
Cosponsors: Representatives Baker, Upchurch, Russo, Somani, Liston, Miranda,
Blackshear, Brown, Galonski, Humphrey, Isaacsohn, Miller, A., Miller, J., Rogers,
McNally, Robinson, Skindell, Brent, Brewer, Brennan, Weinstein, Troy, Thomas,
C., Grim, Abdullahi, Sweeney, Lightbody, Denson, Forhan, Dell'Aquila
A BILL
To amend sections 4111.02, 4111.05, 4111.09, and 1
4111.14 and to repeal section 4111.07 of the 2
Revised Code to increase the state minimum wage. 3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4111.02, 4111.05, 4111.09, and 4
4111.14 of the Revised Code be amended to read as follows: 5
Sec. 4111.02. (A) Every employer, as defined in Section 6
34a of Article II, Ohio Constitution, shall pay each of the 7
employer's employees at a wage rate of not less than the wage 8
rate specified in Section 34a of Article II, Ohio 9
Constitutionfollowing wage rates: 10
(1) During the period beginning January 1, 2024, and 11
ending December 31, 2024, eleven dollars per hour; 12
(2) During the period beginning January 1, 2025, and 13
ending December 31, 2025, twelve dollars per hour; 14
(3) During the period beginning January 1, 2026, and 15
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ending December 31, 2026, thirteen dollars per hour; 16
(4) During the period beginning January 1, 2027, and 17
ending December 31, 2027, fourteen dollars per hour; 18
(5) Beginning January 1, 2028, fifteen dollars per hour. 19
The (B) On September 30, 2028, and every thirtieth day of 20
September thereafter, the director of commerce annually shall 21
adjust the wage rate as specified in division (A)(5) of this 22
section in accordance with Section 34a of Article II, Ohio 23
Constitution. The adjusted wage rate takes effect on the first 24
day of January immediately following the date of the adjustment. 25
(C) No political subdivision shall establish a minimum 26
wage rate different from the wage rate required under this 27
section. 28
(D) As used in this section, "employee" has the same 29
meaning as in section 4111.14 of the Revised Code. 30
Sec. 4111.05. The director of commerce shall adopt rules 31
in accordance with Chapter 119. of the Revised Code as the 32
director considers appropriate to carry out the purposes of 33
sections 4111.01 to 4111.17 of the Revised Code. The rules may 34
be amended from time to time and may include, but are not 35
limited to, rules defining and governing apprentices, their 36
number, proportion, and length of service; bonuses and special 37
pay for special or extra work; permitted deductions or charges 38
to employees for board, lodging, apparel, or other facilities or 39
services customarily furnished by employers to employees; 40
inclusion of ascertainable gratuities in wages paid; allowances 41
for unascertainable gratuities or for other special conditions 42
or circumstances which may be usual in particular employer- 43
employee relationships; and the method of computation or the 44
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As Introduced
period of time over which wages may be averaged to determine 45
whether the minimum wage or overtime rate has been paid. 46
Sec. 4111.09. Every employer subject to sections 4111.01 47
to 4111.17 of the Revised Code, or to any rules issued 48
thereunder, shall keep a summary of the sections, approved by 49
the director of commerce, and copies of any applicable rules 50
issued thereunder, or a summary of the rules, posted in a 51
conspicuous and accessible place in or about the premises 52
wherein any person subject thereto is employed. The director of 53
commerce shall make the summary described in this section 54
available on the web site of the department of commerce. The 55
director shall update this summary as necessary, but not less 56
than annually, in order to reflect changes in the minimum wage 57
rate as required under Section 34a of Article II, Ohio 58
Constitution, and section 4111.02 of the Revised Code. Employees 59
and employers shall be furnished copies of the summaries and 60
rules by the state, on request, without charge. 61
Sec. 4111.14. (A) Pursuant to the general assembly's 62
authority to establish a minimum wage under Section 34 of 63
Article II, Ohio Constitution, this section is in implementation 64
of Section 34a of Article II, Ohio Constitution. In implementing 65
Section 34a of Article II, Ohio Constitution, the general 66
assembly hereby finds that the purpose of Section 34a of Article 67
II, Ohio Constitution, is to: 68
(1) Ensure that Ohio employees, as defined in division (B) 69
(1) of this section, are paid the wage rate required by section 70
4111.02 of the Revised Code in accordance with Section 34a of 71
Article II, Ohio Constitution; 72
(2) Ensure that covered Ohio employers maintain certain 73
records that are directly related to the enforcement of the wage 74
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rate requirements in of Section 34a of Article II, Ohio 75
Constitution and section 4111.02 of the Revised Code; 76
(3) Ensure that Ohio employees who are paid the wage rate 77
required by Section 34a of Article II, Ohio Constitution section 78
4111.02 of the Revised Code, may enforce their right to receive 79
that wage rate in the manner set forth in Section 34a of Article 80
II, Ohio Constitution; and 81
(4) Protect the privacy of Ohio employees' pay and 82
personal information specified in Section 34a of Article II, 83
Ohio Constitution, by restricting an employee's access, and 84
access by a person acting on behalf of that employee, to the 85
employee's own pay and personal information. 86
(B) In accordance with Section 34a of Article II, Ohio 87
Constitution, the terms "employer," "employee," "employ," 88
"person," and "independent contractor" have the same meanings as 89
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 90
U.S.C. 203, as amended. In construing the meaning of these 91
terms, due consideration and great weight shall be given to the 92
United States department of labor's and federal courts' 93
interpretations of those terms under the Fair Labor Standards 94
Act and its regulations. As used in division (B) of this 95
section: 96
(1) "Employee" means individuals employed in Ohio, but 97
does not mean individuals who are excluded from the definition 98
of "employee" under 29 U.S.C. 203(e) or individuals who are 99
exempted from the minimum wage requirements in 29 U.S.C. 213 and 100
from the definition of "employee" in this chapter. 101
(2) "Employ" and "employee" do not include any person 102
acting as a volunteer. In construing who is a volunteer, 103
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"volunteer" shall have the same meaning as in sections 553.101 104
to 553.106 of Title 29 of the Code of Federal Regulations, as 105
amended, and due consideration and great weight shall be given 106
to the United States department of labor's and federal courts' 107
interpretations of the term "volunteer" under the Fair Labor 108
Standards Act and its regulations. 109
(3) "Employer" does not include a franchisor with respect 110
to the franchisor's relationship with a franchisee or an 111
employee of a franchisee, unless the franchisor agrees to assume 112
that role in writing or a court of competent jurisdiction 113
determines that the franchisor exercises a type or degree of 114
control over the franchisee or the franchisee's employees that 115
is not customarily exercised by a franchisor for the purpose of 116
protecting the franchisor's trademark, brand, or both. For 117
purposes of this division, "franchisor" and "franchisee" have 118
the same meanings as in 16 C.F.R. 436.1. 119
(4) Subject to division (B)(5) of this section, "employee" 120
does not include an individual who operates a vehicle or vessel 121
in the performance of services for or on behalf of a motor 122
carrier transporting property and to whom all of the following 123
factors apply: 124
(a) The individual owns the vehicle or vessel that is used 125
in performing the services for or on behalf of the carrier, or 126
the individual leases the vehicle or vessel under a bona fide 127
lease agreement that is not a temporary replacement lease 128
agreement. For purposes of this division, a bona fide lease 129
agreement does not include an agreement between the individual 130
and the motor carrier transporting property for which, or on 131
whose behalf, the individual provides services. 132
(b) The individual is responsible for supplying the 133
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necessary personal services to operate the vehicle or vessel 134
used to provide the service. 135
(c) The compensation paid to the individual is based on 136
factors related to work performed, including on a mileage-based 137
rate or a percentage of any schedule of rates, and not solely on 138
the basis of the hours or time expended. 139
(d) The individual substantially controls the means and 140
manner of performing the services, in conformance with 141
regulatory requirements and specifications of the shipper. 142
(e) The individual enters into a written contract with the 143
carrier for whom the individual is performing the services that 144
describes the relationship between the individual and the 145
carrier to be that of an independent contractor and not that of 146
an employee. 147
(f) The individual is responsible for substantially all of 148
the principal operating costs of the vehicle or vessel and 149
equipment used to provide the services, including maintenance, 150
fuel, repairs, supplies, vehicle or vessel insurance, and 151
personal expenses, except that the individual may be paid by the 152
carrier the carrier's fuel surcharge and incidental costs, 153
including tolls, permits, and lumper fees. 154
(g) The individual is responsible for any economic loss or 155
economic gain from the arrangement with the carrier. 156
(5) A motor carrier may elect to consider an individual 157
described in division (B)(4) of this section as an employee for 158
purposes of this section. 159
(6) "Motor carrier" has the same meaning as in section 160
4923.01 of the Revised Code. 161
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(C) In accordance with Section 34a of Article II, Ohio 162
Constitution, the state may issue licenses to employers 163
authorizing payment of a wage below that required by Section 34a 164
of Article II, Ohio Constitution, or section 4111.02 of the 165
Revised Code to individuals with mental or physical disabilities 166
that may otherwise adversely affect their opportunity for 167
employment. In issuing such licenses, the state shall abide by 168
the rules adopted pursuant to section 4111.06 of the Revised 169
Code. 170
(D)(1) In accordance with Section 34a of Article II, Ohio 171
Constitution, individuals employed in or about the property of 172
an employer or an individual's residence on a casual basis are 173
not included within the coverage of Section 34a of Article II, 174
Ohio Constitution. As used in division (D) of this section: 175
(a) "Casual basis" means employment that is irregular or 176
intermittent and that is not performed by an individual whose 177
vocation is to be employed in or about the property of the 178
employer or individual's residence. In construing who is 179
employed on a "casual basis," due consideration and great weight 180
shall be given to the United States department of labor's and 181
federal courts' interpretations of the term "casual basis" under 182
the Fair Labor Standards Act and its regulations. 183
(b) "An individual employed in or about the property of an 184
employer or individual's residence" means an individual employed 185
on a casual basis or an individual employed in or about a 186
residence on a casual basis, respectively. 187
(2) In accordance with Section 34a of Article II, Ohio 188
Constitution, employees of a solely family-owned and operated 189
business who are family members of an owner are not included 190
within the coverage of Section 34a of Article II, Ohio 191
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Constitution. As used in division (D)(2) of this section, 192
"family member" means a parent, spouse, child, stepchild, 193
sibling, grandparent, grandchild, or other member of an owner's 194
immediate family. 195
(E) In accordance with Section 34a of Article II, Ohio 196
Constitution, an employer shall at the time of hire provide an 197
employee with the employer's name, address, telephone number, 198
and other contact information and update such information when 199
it changes. As used in division (E) of this section: 200
(1) "Other contact information" may include, where 201
applicable, the address of the employer's internet site on the 202
world wide web, the employer's electronic mail address, fax 203
number, or the name, address, and telephone number of the 204
employer's statutory agent. "Other contact information" does not 205
include the name, address, telephone number, fax number, 206
internet site address, or electronic mail address of any 207
employee, shareholder, officer, director, supervisor, manager, 208
or other individual employed by or associated with an employer. 209
(2) "When it changes" means that the employer shall 210
provide its employees with the change in its name, address, 211
telephone number, or other contact information within sixty 212
business days after the change occurs. The employer shall 213
provide the changed information by using any of its usual 214
methods of communicating w