Chapter [41] XLI Labor & Industry

4111 Minimum Fair Wage Standards

4111.02-Wage Rates

  • Employers shall pay their employees at least a wage specified in Section 34A of Article II in the Ohio Constitution.
  • Adjusted by the Director of Commerce
  • No political subdivision can make a wage rate lower than the one required. 

4111.03 Overtime (Effective date 3/20/2019)

  • Overtime begins at the start of the 41sthour and will be paid at 1.5 times the current wage.
  • Compulsory pay may take the place of overtime if approved by a supervisor and the employee will not get the 1.5 times wage rate.

4111.04 Wage Investigations

  • Director of Commerce may investigate and obtain wages of anyone employed in the state.
  • They may also inspect the place of business including the books and payrolls or anything else relating to wages, hours and/or working conditions.

4111.05 Rules

  • The Director adapts rules in accordance to ORC Chapter 119 and 4111.01
  • Rules may be amended including, but not limited to: rules defining and governing apprentices, their number, proportion, and length of services, bonuses and special pay for special or extra work. 

4111.07 Administrative Rules for Wages & Licenses of Apprentices

  • Director of Commerce permits the employment of apprentices at a wage rate not less than 85% of the minimum wage.
  • The rules provide for licenses to be issued not to exceed 90 dates and the authorizing employment according to the rules

4111.12 Rights of Employees to Collective Bargain

  • Nothing in ORC Sections 4111.01 to 4111.17 impedes, interferes, or diminishes the rights of employees to collectively bargain with their employers.

4115 Wages and Hours on Public Works

4115.03 Wages and Hours on Public Works Definition

  • Applies to Sections 4115.03-4115.16
  • Public Authority- Any officer, board, or commission of the state. Any political subdivision of the state authorized to enter into a contract for the construction of public improvement
  • Prevailing wages- The sum of basic hourly pay and fringe benefits.
  • Fringe benefits- Health and welfare, pension, vacation and holiday pay, and other bona fide fringe benefits. For example, LECET, Tri-Funds, and Training/Apprenticeship.
  • Interested Party- Any person who submits a bid or a subcontractor

4115.033 Subdividing Public Improvement Projects

  • No public authority shall subdivide a public improvement project into parts or projects so that the estimates are less than the prevailing wage thresholds. 

4115.05 Prevailing Rate of Wages in Locality to Control Contract Wage

  • The prevailing wage rate to be paid for a day’s work to laborers, workers, or mechanics upon public works shall not be less at any time during the life of the contract for public work than the prevailing wages then payable in the same trade or occupation in the locality where such public work is being performed under CBA’s or understandings between employers and labor organizations
  • Enforceable at the start of the contract for public work and related to the trade and the successor CBA or understandings that occur after the start of the contract.
  • This clause also applies to apprentices and they are only permitted to work under a bona fide apprenticeship program.
  • The allowable ratio of apprentices to skilled workers permitted to work shall not be greater than the ratio allowed to the contractor or subcontractor in the CBA. If the apprentice ratio is greater by 2 or fewer apprentices for not more than 2 days in a 30 day period they shall not be found in violation of this provision with regard to the excess number of apprentices.
  • To establish a prevailing wage rate a labor organization that is the party to a CBA