Employment and Labor Laws

Ohio

Ohio Minimum Wage and Overtime Exemptions Laws


Executive exemption

Ohio exempts executive employees from its minimum wage and overtime requirements. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation. OH Statute 4111.03(D)(3)(d)


Administrative exemption

Ohio exempts administrative employees from its minimum wage and overtime requirements. To qualify for the administrative employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation. OH Statute 4111.03(D)(3)(d)


Professional exemption

Ohio exempts professional employees from its minimum wage and overtime requirements. To qualify for the professional employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation.OH Statute 4111.03(D)(3)(d)


Outside salesman exemption

Ohio exempts outside sales employees who are compensated by commission from its minimum wage and overtime requirements. The standards set forth in the federal Fair Labor Standards Act regarding the outside sales employee exemption provide guidance as to the necessary requirements. OH Statute 4111.03(D)(3)(d)


Computer employee exemption

Ohio does not exempt computer professionals from its minimum wage and overtime requirements.


Other minimum wage and overtime exemptions

Other individuals exempt from Ohio’s minimum wage rate include:

  • individuals employed by the United States
  • individuals employed as a baby-sitter in the employer’s home, or a live-in companion to a sick, convalescing, or elderly person whose principal duties do not include housekeeping
  • individuals engaged in the delivery of newspapers to the consumer
  • individuals who are members of a police or fire protection agency or student employed on a part-time or seasonal basis by a political subdivision of Ohio
  • individuals who work or provide personal services of a charitable nature in a hospital or health institution for which compensation is not sought or contemplated
  • individuals in the employ of a camp or recreational area for children under the age of 18 and owned and operated by a non-profit organization or group of organizations
  • individuals employed directly by the house of representatives or directly by the senate
  • individuals who operates a vehicle or vessel in the performance of services for or on behalf of a motor carrier transporting property and to whom all of the following factors apply
    • the individuals own the vehicle or vessel that is used in performing the services for or on behalf of the carrier, or the individual leases the vehicle or vessel under a bona fide lease agreement that is not a temporary replacement lease agreement. For purposes of this division, a bona fide lease agreement does not include an agreement between the individual and the motor carrier transporting property for which, or on whose behalf, the individual provides services.
    • the individuals are responsible for supplying the necessary personal services to operate the vehicle or vessel used to provide the service.
    • the compensation paid to the individual is based on factors related to work performed, including on a mileage-based rate or a percentage of any schedule of rates, and not solely on the basis of the hours or time expended.
    • the individuals substantially control the means and manner of performing the services, in conformance with regulatory requirements and specifications of the shipper.
    • individuals enter into a written contract with the carrier for whom the individual is performing the services that describes the relationship between the individual and the carrier to be that of an independent contractor and not that of an employee.
    • the individuals are responsible for substantially all of the principal operating costs of the vehicle or vessel and equipment used to provide the services, including maintenance, fuel, repairs, supplies, vehicle or vessel insurance, and personal expenses, except that the individual may be paid by the carrier the carrier’s fuel surcharge and incidental costs, including tolls, permits, and lumper fees.
    • the individuals are responsible for any economic loss or economic gain from the arrangement with the carrier.
  • employees of a solely family owned and operated business who are family members of an owner.

Ohio Code 4111.03(D)(3).


Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.