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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Ohio employers must provide employees under the age of 18 a 30-minute uninterrupted
break when working more than five (5) consecutive hours. ORC Chapter 4109.07(C).
Ohio does not require employers to provide breaks, including lunch breaks, for workers 18
years old or older. An employer who chooses to provide a break in excess of 20 minutes
does not have to pay wages for lunch periods or other breaks if the employee is free to
leave the worksite, in fact takes their lunch or break, and the employee does not actually
perform work. According to federal law, breaks 20 minutes or shorter typically must be
paid. DOL: Breaks and Meal Periods.
Ohio employers must provide employees under the age of 18 a 30-minute uninterrupted
break when working more than five (5) consecutive hours. ORC Chapter 4109.07(C).
Ohio does not require employers to provide breaks, including lunch breaks, for workers 18
years old or older. An employer who chooses to provide a break in excess of 20 minutes
does not have to pay wages for lunch periods or other breaks if the employee is free to
leave the worksite, in fact takes their lunch or break, and the employee does not actually
perform work. According to federal law, breaks 20 minutes or shorter typically must be
paid. DOL: Breaks and Meal Periods.
Vacation
In Ohio, employers are not required to provide employees with vacation benefits, either paid
or unpaid. If an employer chooses to provide such benefits, it must comply with the terms
of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
forfeiture policy is clear and explicit and the employees have notice of the policy. See Ervin
v. Oak Ridge Treatment Center Acquisition Corp., 2006 Ohio 3851 (OH App. 2006).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as the forfeiture policy is clear and explicit and the
employees have notice of the policy. See Ervin v. Oak Ridge Treatment Center Acquisition
Corp., 2006 Ohio 3851 (OH App. 2006).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Fridrich v. Seuffert Construction Co.,
2006 Ohio 1076 (OH App. 2006).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Fridrich v. Seuffert Construction Co., 2006 Ohio 1076 (OH App. 2006).
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy. See Ervin v.
Oak Ridge Treatment Center Acquisition Corp., 2006 Ohio 3851 (OH App. 2006).
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy. See Van Barg v. Dixon Ticonderoga Co., 2003 Ohio 2531
(OH App. 2003).
In Ohio, employers are not required to provide employees with vacation benefits, either paid
or unpaid. If an employer chooses to provide such benefits, it must comply with the terms
of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
forfeiture policy is clear and explicit and the employees have notice of the policy. See Ervin
v. Oak Ridge Treatment Center Acquisition Corp., 2006 Ohio 3851 (OH App. 2006).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as the forfeiture policy is clear and explicit and the
employees have notice of the policy. See Ervin v. Oak Ridge Treatment Center Acquisition
Corp., 2006 Ohio 3851 (OH App. 2006).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Fridrich v. Seuffert Construction Co.,
2006 Ohio 1076 (OH App. 2006).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Fridrich v. Seuffert Construction Co., 2006 Ohio 1076 (OH App. 2006).
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy. See Ervin v.
Oak Ridge Treatment Center Acquisition Corp., 2006 Ohio 3851 (OH App. 2006).
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy. See Van Barg v. Dixon Ticonderoga Co., 2003 Ohio 2531
(OH App. 2003).
Severance
Ohio law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Ohio law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Ohio law does not require employers to provide employees with either paid or unpaid
holiday leave. In Ohio, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Ohio law does not require employers to provide employees with either paid or unpaid
holiday leave. In Ohio, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Ohio's current minimum wage is $7.30 for employers whose gross receipts are greater
than $267,000. OH Div. of Labor: Minumum Wage Laws; OH Minimum Wage Poster. The
minimum wage rate from employers with gross receipts of $267,000 or less is $7.25.
Some exceptions apply to Ohio's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Ohio's current minimum wage is $7.30 for employers whose gross receipts are greater
than $267,000. OH Div. of Labor: Minumum Wage Laws; OH Minimum Wage Poster. The
minimum wage rate from employers with gross receipts of $267,000 or less is $7.25.
Some exceptions apply to Ohio's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Ohio requires an employer to pay overtime to employees, unless otherwise exempt, at the
rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40
hours in a workweek. OH Div. of Labor: Minumum Wage Laws. See FLSA: Overtime for
more information regarding overtime requirements.
Ohio requires an employer to pay overtime to employees, unless otherwise exempt, at the
rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40
hours in a workweek. OH Div. of Labor: Minumum Wage Laws. See FLSA: Overtime for
more information regarding overtime requirements.
Sick Leave
Ohio law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with
the terms of its established policy or employment contract. An employer is not required to
pay an employee for accrued sick leave upon separation from employment.
An employer in Ohio may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Ohio law does not require employers to provide employees with sick leave benefits, either
paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with
the terms of its established policy or employment contract. An employer is not required to
pay an employee for accrued sick leave upon separation from employment.
An employer in Ohio may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten to discharge, or take any disciplinary action that
could lead to the discharge of any permanent employee who is summoned to serve as a
juror if the employee gives reasonable notice to the employer of the summons prior to the
commencement of the employee’s service as a juror and if the employee is absent from
employment because of the actual jury service.
An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or for time spent actually serving on a jury.
Ohio Stat. 2313.18
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten to discharge, or take any disciplinary action that
could lead to the discharge of any permanent employee who is summoned to serve as a
juror if the employee gives reasonable notice to the employer of the summons prior to the
commencement of the employee’s service as a juror and if the employee is absent from
employment because of the actual jury service.
An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or for time spent actually serving on a jury.
Ohio Stat. 2313.18
