Ohio Labor Laws (2026 Guide)

What’s New in 2026

• Minimum wage increase
• Paystubs become mandatory
• E-Verify mandatory for nonresidential construction employers

Labor Law Posters

Federal labor law posters
State labor law posters

As of 2025, Ohio became the first state to allow employers to post mandatory state labor law posters digitally instead of physically.

Wage and Hour Laws

Minimum wage

Effective January 1, 2026, Ohio’s minimum wage is $11 per hour. This is a $0.30 increase from last year, reflecting annual inflation-based adjustments.

The state minimum wage applies to all businesses with annual gross receipts of $405,000 or more. However, some employees are exempt, such as:

• Outside salespeople paid on commission.
• Bona fide executive, administrative, and professional employees.
• Certain computer professionals.
• In-home babysitters and live-in companions whose primary duties don’t involve housekeeping.
• Employees of solely family-owned businesses who are family members of the business owner.
• Employees of nonprofit children’s camps and recreational areas.
• Volunteers for public agencies performing charitable services in health institutions.

Exempt businesses don’t have to pay the state minimum wage but are still subject to the federal minimum wage of $7.25 per hour, including businesses that gross less than $405,000 annually. 

Employees under the age of 16 may be paid the federal minimum wage. In some cases, employers may pay a subminimum wage to individuals whose mental or physical disabilities interfere with their ability to work. 

Ohio has no regional differences in minimum wage laws. Since 2017, local municipalities have been prohibited from establishing separate minimum wage regulations for businesses operating within their borders. 

All employers must display an up-to-date Minimum Wage poster, and the Minor Labor Laws poster if they employ under-18s. Posters can be displayed physically or digitally.

Tipped minimum wage

The tipped minimum wage in Ohio is $5.50, half the state minimum wage as required by state law. 

Employees who receive tips must be paid at least the state minimum wage of $11 per hour when their tips and wages are combined. 

As with the state minimum wage, cities and other municipal governments are prohibited from setting tipped minimum wage standards that differ from ‌state law.

Overtime laws

Ohio’s overtime law uses the same method of calculating overtime as the federal Fair Labor Standards Act (FLSA). Employers must pay employees at a rate of 1.5 times the employee’s hourly rate for any hours worked more than 40 hours in 1 workweek. 

Employees who are FLSA-exempt aren’t eligible for overtime pay in Ohio. The state law doesn’t apply to agricultural employees either. It’s also applied differently to certain employees of public government entities. 

Employers aren’t required to pay overtime for:

• Time spent commuting to and from work.
• Activities that happen just before or after the main work duties.
• Small amounts of extra time outside scheduled hours that are minimal or insignificant.

Overtime must be paid if an employee performs otherwise exempt activities in any of these situations:

• The employer specifically directs the employee to do the activity.
• The activity takes place during the regular workday or scheduled hours.
• The activity is required under a written or unwritten agreement.
• The activity is part of an established practice or routine that isn’t inconsistent with any agreement.

Meal and rest breaks

Employers are required to provide work breaks only to minor employees (under 18). A minor employee must be given a rest period of at least 30 minutes for every 5 consecutive hours worked. 

Adult employees (18 and over) may be provided with meal or rest breaks by policy or custom, but there’s no legal requirement to provide them under Ohio labor laws. When employers do offer breaks, they must continue to follow their own rules. 

Employers in Ohio are required to compensate employees for all hours worked. The US Department of Labor defines hours worked as “all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.” Break periods aren’t included in this definition.

Recordkeeping

Employers are required to make and keep employee records that include the following:

• Employee name
• Employee address
• Employee occupation
• Rate of pay
• Amount paid each pay period to each employee
• Hours worked by each employee for each workday and workweek

These records must be maintained for a minimum of 3 years. They’re subject to inspection by the Ohio Department of Commerce at any reasonable time. 

From March 20, 2026, covered employers must keep E-Verify records for 3 years from the date of hire, or 1 year following termination—whichever is later.

Employee Compensation and Benefits

Final paycheck laws

Employers may pay employees final paychecks upon termination. However, by law, final paychecks must be paid by the next standard payday, or within 15 days of termination—whichever is sooner.

Late payment of final pay generally follows the same rules as late payment of wages: Employers who don’t pay wages for 30 days after a regularly scheduled payday must pay the employee either 6% of what they owe or $200—whichever is greater—on top of the wages owed. If there’s no regularly scheduled payday, employers must pay wages within 60 days of an employee filing a claim for pay, or if another act or agreement makes wages payable.

Reporting time pay

Ohio labor law doesn’t require employers to pay employees who report to work if no work is performed. 

Similarly, there’s no minimum shift payment requirement if an employee is dismissed from work before completing their shift. Payment is required only for hours worked.

Employee scheduling laws

Ohio leaves employee scheduling to employer discretion as a matter of employer policy. Employers who offer specified hours or schedules through employment contracts or collective bargaining agreements must abide by those agreements. 

In the absence of a contract, employers may change an employee’s hours without the employee’s prior knowledge or consent. This aligns with federal FLSA requirements. 

Payday frequency and method

Employers in Ohio are required to pay all employees at least semi-monthly. By the first day of the month, employee wages for earnings from the first half of the preceding month must be paid. Earnings from the second half of the preceding month must be paid by the 15th day of the next month.

Different payment time lapses are allowed in trades or occupations where it’s customary, but this is uncommon. 

Employers in any industry or occupation may also establish a different pay schedule by written contract.

Employees who are absent from work when wages are paid are still entitled to receive their full wages upon request at the normal place of payment. 

Ohio law allows wages to be paid in cash, by check, by direct deposit, or by payroll cards. 

Interestingly, Ohio does require some government employees to enroll in direct deposit for payroll. 

Paystub requirements

Effective since April 9, 2025, Ohio’s Pay Stub Protection Act requires employers to provide detailed paystubs to employees. 

Paystubs can be paper or electronic, but must include:

• Employee’s name and address. 
• Employer’s name. 
• Total gross wages earned during the pay period. 
• Total net wages received during the pay period. 
• The amount and purpose of any pay additions or deductions. 
• Pay date and pay period. 
• For hourly workers, the total number of hours worked, their hourly wage, and any overtime hours worked. 

Employees who aren’t given a paystub may request one in writing. If their employer doesn’t provide the paystub within 10 days, the employee may report them to the Ohio Department of Commerce.

Wage deductions and garnishments

Ohio law allows for wage deductions that are otherwise required by law—such as for tax withholdings, for health insurance or other insurance premiums, and for the purchase of merchandise.

Employers may not deduct or withhold wages from an employee to compensate for equipment costs, uniform purchases, or machinery damage. An employer’s obligation to pay wages includes payment of benefits owed under the employer’s policies, such as payment of vacation leave or sick leave. 

Employees may authorize wage deductions in writing. Authorizations must be revocable by the employee up to the time of payment. 

Workers’ compensation

The Ohio Workers’ Compensation Act (OWCA) requires employers with 1 or more employees to hold workers’ compensation coverage. Employers can’t opt out of providing workers’ compensation coverage under any circumstances. 

Workers’ compensation insurance is intended to compensate employees who have suffered an injury or illness in the workplace that wasn’t self-inflicted or suffered due to intoxication. 

Employers can be exempted from the OWCA’s funding requirements if they’re approved for self-insured status. 

The state grants self-insured status to certain employers who show they can directly pay compensation and medical costs for work-related injuries. To qualify for self-insured status, employers must meet the following criteria:

• Be authorized by the Ohio Secretary of State to do business in the state.
• Have held a Bureau of Workers’ Compensation (BWC) policy with the Ohio State Insurance Fund for at least 2 years.
• Demonstrate financial stability.
• Show the ability to administer a self-insured program.
• Maintain a financial account in Ohio, or be able to draw compensation checks from the same account as payroll checks.
• Have a Qualified Health Plan or medical management plan certified by BWC.

Employers can apply for self-insured status through the BWC online. 

All employers, whether self-insured or insured through the state fund, must post notices regarding workers’ compensation in a prominent location in the workplace.

Employees who have experienced a workplace injury or illness should report the incident to their supervisor as soon as possible. 

Deadlines to report a workers’ compensation claim vary by the circumstance, but injured employees typically have to file a claim within 1 year. Failing to file a claim on time can result in the claim being barred by the statute of limitations. 

In addition to the injured employee, workers’ compensation claims can also be filed by any of the following:

• Medical provider
• Employer
• Authorized representative
• Interested parties (such as a spouse)

Claims can be completed online, by mail or fax, or over the phone at 800-644-6292. 

The BWC reviews claims and issues claim decisions. The employer or injured employee may dispute the claim by filing an appeal with the Industrial Commission of Ohio (IC). The BWC also offers alternative dispute resolution for conflicts regarding the appropriate medical treatment.

Unemployment insurance

Employers are required to self-report liability for unemployment insurance as soon as they have 1 or more employees in covered employment. Reports are made to the Ohio Department of Job and Family Services. 

Employers become liable under the Ohio unemployment insurance law when they have:

• At least 1 employee in covered employment for any 20 weeks within the current or preceding calendar year.
• Paid $1,500 or more in wages to employees in covered employment in a calendar quarter.
• Paid cash remuneration of $1,000 or more to a domestic service employee in a calendar quarter.
• Paid cash remuneration of $20,000 or more in a calendar quarter or had 10 or more employees in agricultural employment during any 20 weeks in the current or preceding calendar year.
• Had 4 or more employees in a tax-exempt organization engaged in covered employment during any 20 weeks in the current or preceding calendar year.

To determine liability, “covered employment” means any work a person does for pay under an agreement—whether that agreement is written, spoken, or just understood.

This includes work done across state lines (interstate commerce) or done by a corporate officer.

It doesn’t matter what type of work it is (executive, managerial, or manual), or whether the person is also a shareholder or on the company’s board of directors.

The exception is when the person is truly independent—meaning they are free from the company’s control over how they do the work, both under the contract and in reality.

Certain workers are excluded from the definition of “covered employment,” including:

• Students
• Family members working for a sole proprietorship owned by another family member
• Church employees
• Ordained ministers
• People receiving rehabilitative services
• Employees of certain nonprofit organizations

The Ohio Department of Job and Family Services maintains a detailed Employer Guide to Ohio Unemployment Insurance. 

Employers who wouldn’t otherwise be liable may opt to cover employees voluntarily. 

Employees don’t pay into unemployment insurance and are eligible to receive unemployment insurance benefits if they’ve lost work through no fault of their own. 

Unemployment benefits are calculated based on the employee’s prior earnings and the number of qualifying dependents. They must have worked at least 20 weeks within a certain period, and earned at least $352 a week before any deductions, including taxes. The 2026 maximum benefit amounts are $624 per week for employees with 0 dependents, $757 per week for employees with up to 2 dependents, and $842 per week for employees with 3 or more dependents.

Employees can file for unemployment benefits online through the Ohio Department of Job and Family Services website. They can also make claims by calling toll-free on 1-877-644-6562.

Employees must file claims weekly for every week they remain unemployed. To remain eligible, individuals must be able and available to accept suitable work. 

Workplace Rights and Protections

Discrimination and harassment

The Ohio Fair Employment Practices Act (FEPA) prohibits workplace discrimination and harassment. Protected classes under FEPA include:

• Race
• Color
• Religion
• Sex
• Military status
• National origin
• Disability
• Age
• Ancestry
• Citizenship status
• Genetic information
• Caring for a family member in the armed services

Ohio law doesn’t include sexual orientation or gender identity as ‌protected classes. However, federal anti-discrimination law may cover both of these.

Employers in Ohio aren’t required to conduct employee training on discrimination or harassment in the workplace. 

Employees who believe they’ve been subjected to illegal discrimination or harassment in the workplace can file a formal claim with the Ohio Civil Rights Commission (OCRC). 

Alternatively, employees can file claims with the federal Equal Employment Opportunity Commission (EEOC) against an employer with 15 or more employees. 

The OCRC has an agreement with the EEOC to cooperate in processing discrimination claims.  

Leave laws

Child Labor Laws

Ohio minor labor laws define a minor as anyone under 18. 

Ohio generally prohibits children 13 or younger from working, with limited exceptions such as for child performers or volunteer work.

Minors aged 14 to 17 generally need a minor work permit to work. Minors aged 16 and 17 are exempt from the certificate requirement if they work during summer vacation months.

The minor completes the certificate application with information from the employer and their parent(s) or legal guardian(s). A school district representative must approve the form. Minors may also require a physician’s certificate for jobs requiring a physical. They then turn the forms in to the Ohio Department of Commerce. 

Employers are responsible for maintaining school certificates and notifying the school district within 5 days of a minor’s quitting or being dismissed from employment. 

Ohio law prohibits certain types of work for minors, with more prohibitions placed on minors aged 14 or 15. Prohibited occupations for 14- and 15-year-olds include:

• All manufacturing work.
• Working in freezers or meat coolers, and any preparation of meat for sale.
• Transportation work.
• Work in boiler or engine rooms.
• Outside window washing while on window sills, scaffolding, or ladders.
• Cooking and baking, or operating power-driven food-processing equipment.
• Loading or unloading trucks.
• All warehouse work except office or clerical.
• Work on cars or trucks using pits, racks, or lifting apparatus.

Door-to-door sales are also strictly limited for 14- and 15-year-olds. The exception is if the employer registers with the Ohio Department of Commerce and takes additional steps—such as providing each minor employee with a photo identification card and requiring all minors to work in pairs. 

Minor employees aged 16 or 17 can work in a wider range of jobs, but remain subject to certain prohibitions. 

The following occupations are prohibited for any employee under 18 years of age:

• Occupations involving slaughtering, meat-packing, processing, or rendering.
• Power-driven bakery machines.
• Occupations involved in the manufacture of brick, tile, and similar products.
• Occupations involved in the manufacture of chemicals.
• Manufacturing or storage occupations involving explosives. 
• Occupations involving exposure to radioactive substances and to ionizing radiations. 
• Power-driven paper products machines. 
• Power-driven metal forming, punching, and shearing machines. 
• Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears. 
• Power-driven woodworking machines. 
• Coal mines. 
• Occupations in connection with mining, other than coal. 
• Logging and sawmilling. 
• Motor vehicle occupations. 
• Maritime and longshoreman occupations. 
• Railroads.
• Excavation operations. 
• Power-driven and hoisting apparatus. 
• Roofing operations.
• Wrecking, demolition, and shipbreaking.

In addition to limitations on the type of work minors can perform, Ohio also limits working hours for minors. Minors aged 14 or 15 may not work:

• During school hours.
• Before 7 am.
• After 9 pm between June 1 and September 1, or during school holidays lasting 5 school days or more.
• After 7 pm when school is in session.
• More than 3 hours on a school day.
• More than 18 hours per week while school is in session.
• More than 8 hours on a non-school day.
• More than 40 hours per week while school isn’t in session.

Minors aged 16 or 17 may not work:

• Before 7 am on a school day. (The minor may be employed as early as 6 am on a school day if they weren’t employed after 8 pm the prior evening.)
• After 11 pm on any night before a school day.

Violations of Ohio’s child labor laws can result in criminal charges that range from minor misdemeanors to felony charges. 

Workplace Safety and Health

Ohio law places a duty on employers to protect employees and furnish a safe place of employment. Employers must provide necessary safety devices, furnishing, and safeguards to ensure a safe workplace. The law also prohibits employees from damaging or removing safety features from the workplace. 

Ohio doesn’t provide detailed legal guidance for workplace safety and health. It follows the federal law requirements under the Occupational Safety and Health Act (OSH Act). As a result, all Ohio employers must meet or exceed ‌OSH Act requirements.

The OSH Act is administered by the Occupational Safety and Health Administration (OSHA). The OSH Act has extensive recordkeeping and reporting requirements, all of which apply in Ohio. 

Employees can report workplace safety or health violations online or contact one of the OSHA offices in Ohio. Employees of public entities can file a safety and health complaint with the Ohio Bureau of Workers’ Compensation. 

Labor Union Regulations

Ohio is a right-to-work state. Employers can’t require employees to join, promise to join, or remain members of a labor union or employee organization.

Labor disputes involving 25 or more employees may trigger a hearing before the Ohio Department of Job and Family Services. 

Employment Contracts and Severance

Employment contract laws

Ohio is an “at-will” employment state. This means that an employer or employee can terminate employment for any reason or no reason, so long as the termination isn’t otherwise against the law. 

However, there are some exceptions to the “at-will” rule. Ohio limits the at-will employment rule in 2 ways: 

1. When termination violates public policy.
2. When termination violates an implied contract or promise made to an employee.

Termination can violate public policy when a law, policy, or other legislative action creates circumstances under which termination isn’t allowed. 

When circumstances imply a contract or when an employer makes promises to an employee, this can be enough to prohibit termination under at-will employment rules. Implied contracts and promise limitations (called promissory estoppel) don’t have to be in writing to be enforced. 

When an implied contract is formed, then termination can only occur as agreed in the implied contract. 

Similarly, when an employer makes a clear and unambiguous promise to continue employment, and the employee reasonably relies on that promise, promissory estoppel will prevent the employer from breaching it.

Noncompete agreements remain enforceable in Ohio. To be enforceable, a noncompete agreement must:

• Be no greater than is required for the protection of an employer’s legitimate interest.
• Not impose undue hardship on the employee.
• Not injure the public interest.

Non-solicitation agreements are also enforceable in Ohio if they meet the following requirements:

• A valid business reason for the agreement exists, such as protecting trade secrets or a customer list.
• The company has made measurable efforts to build its customer list.
• The company hasn’t prevented employees and customers from voluntarily leaving their relationship with the company when there hasn’t been a solicitation.

Severance pay

Ohio employers aren’t required to offer employees severance pay when terminating employment. 

Employers who offer severance pay under a contract or employee policy must honor that agreement. Employees should refer to their employee policies for guidance on severance pay.

Additional Laws That Might Apply to You

E-Verify obligations

From March 20, 2026, private-sector contractors working on nonresidential projects must verify employees’ identity and legal work status via the federal E-Verify program. Covered employers must:

• Enroll in E-Verify.
• Complete Form I-9 for all new hires.
• Inform new hires of mismatches upon receipt and give them 8 federal workdays to contact DHS or SSA, or take action to resolve them.
• Take no adverse action against employees who take action to resolve a mismatch.
• Display the Notice of E-Verify Participation and the Right to Work posters in English and Spanish.
• Keep records for 3 years from hire, or 1 year after termination, whichever is later.

Employers mustn’t:

• Use E-Verify before signing the Memorandum of Understanding.
• Use E-Verify to discriminate on the basis of national origin, citizenship, or immigration status.
• Use E-Verify to pre-screen applicants for employment.

Employers who violate these rules may face significant fines of up to $25,000 and risk losing their contracts and business licenses.

Gun laws

Business owners and employers may not establish a policy that prohibits a person who has a valid concealed handgun license from transporting or storing a firearm or ammunition in these circumstances:

• The firearm or ammunition remains in the person’s vehicle and is locked in the trunk, glove box, or other enclosed compartment when the person exits the vehicle.
• The vehicle is in a permitted location.

Drug testing

Ohio generally permits employers to drug-test applicants and employees and to maintain drug-free workplace policies. While most private employers aren’t required by state law to conduct drug testing, testing may be mandatory for certain jobs, industries, or government programs.

Medical marijuana

Ohio law allows medical and recreational marijuana usage. 

However, employers aren’t required to accommodate marijuana use. Additionally, employers may refuse to hire, discipline, or discharge employees who use, possess, or distribute marijuana, even if the marijuana is for medical or recreational purposes. 

Employers may enforce a drug-free workplace policy or a zero-tolerance drug policy. 

Anti-smoking

Smoking is prohibited in indoor workplaces and outdoor areas adjacent to building entrances. This includes e-cigarettes. Employers can designate their entire worksite as non-smoking.

Employers must post signs with the words “No Smoking” or approved no-smoking symbols, along with a phone number for reporting violations. Signs must be posted at each workplace entrance.

Whistleblower protection

The Ohio Whistleblower Protection Act provides employees with the right to file a civil lawsuit against employers for retaliation related to whistleblowing. The employee must file the civil lawsuit within 180 days of the employer’s action.

Pay history (Columbus only)

Columbus businesses with at least 15 employees can’t ask about or screen applicants according to their current wages or salary histories.

COVID-19-related laws and regulations

Ohio encourages vaccination and masking to prevent the spread of COVID-19, but has no ongoing related legal requirements.

Navigating Legal Issues and Resources

Assistance and further resources regarding labor laws in Ohio are available through the following state government agencies:

• Ohio Bureau of Workers’ Compensation
• Ohio Department of Commerce
• Ohio Civil Rights Commission
• Industrial Commission of Ohio
• Ohio Department of Job and Family Services

Ohio Legal Help is a nonprofit that provides guidance and free legal advice to Ohio workers. 

Ohio labor laws sometimes contradict ‌federal laws and can be confusing. Speaking to an attorney about your specific obligations as an employer or your rights as an employee is the best way to ensure accurate information for your situation. 

Disclaimer

The information presented on this website about labor laws in Ohio is intended to be accurate and informative. However, laws and regulations can change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness or accuracy. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.