Under Ohio law, the minimum wage requirement depends on the size of the employer and the work performed by the employee. As of January 2021, the minimum wage in Ohio is $8.80 per hour for non-tipped employees and $4.40 per hour for tipped employees. However, if an employee earns enough in tips to make up for the difference between the minimum wage rate and the tipped wage rate, the employer is not required to pay the higher minimum wage rate.
For employers with gross annual receipts of $323,000 or less, the minimum wage is $7.25 per hour for non-tipped employees and $3.63 per hour for tipped employees. Employers are required to pay the higher minimum wage rate if the employee’s tips do not make up the difference.
It is important to note that some employees are not covered by the state minimum wage law. For instance, employees who are covered by the Fair Labor Standards Act (FLSA) are subject to federal rather than state minimum wage requirements. Additionally, workers who are covered by exemptions under Ohio law or FLSA are not entitled to the minimum wage.
If you are an employee who believes that your employer is not complying with the minimum wage requirements or if you have questions about your rights under Ohio’s minimum wage law, you should contact an experienced employment law attorney. An attorney can help you understand the legal requirements and assist you if you need to take action against your employer.
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