What steps should I take to ensure my business complies with Ohio's wage and hour laws?
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Ensuring Compliance with Ohio's Wage and Hour Laws: Advice for Employers
As a lawyer, my advice for ensuring compliance with Ohio's wage and hour laws would be as follows:
- Familiarize yourself with Ohio's wage and hour laws: The first step is to understand the basics of Ohio's wage and hour laws, including the minimum wage rate, overtime requirements, types of employees exempt from overtime, and other requirements. The Ohio Department of Commerce's Wage and Hour Bureau is a valuable resource for information about these laws.
- Classify employees correctly: Properly classifying employees as exempt or non-exempt from overtime is crucial to compliance with wage and hour laws. Misclassification can result in costly legal issues. Employers should evaluate each employee's job duties and salary to determine their exempt or non-exempt status.
- Pay at least minimum wage: Ohio's minimum wage rate is $8.80 per hour as of January 2021. Employers must ensure that all employees receive at least this rate of pay. Additionally, tipped employees must be paid a minimum wage of $4.40 per hour, with tips making up the difference to reach the minimum wage rate.
- Pay overtime when required: Non-exempt employees are entitled to overtime pay at a rate of 1.5 times their regular rate of pay for hours worked over 40 in a workweek. Employers must keep accurate records of all hours worked by non-exempt employees to calculate and pay overtime correctly.
- Provide required breaks: Ohio law requires that employers provide a 30-minute unpaid meal break for employees who work more than five consecutive hours. Additionally, employers must provide a ten-minute paid break for every four hours worked.
- Maintain accurate records: Employers must keep accurate records of all employees' hours worked, pay rates, and deductions. These records should be kept for at least three years and must be made available for inspection by authorized agencies.
- Consult with an employment law attorney: If an employer is unsure of compliance with Ohio's wage and hour laws or has been accused of violating these laws, consulting with an experienced employment law attorney is recommended.
