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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 150
2025-2026
Representatives McNally, White, E.
Cosponsors: Representatives Upchurch,
Brent, Rader, Brownlee, Lett, Brennan, Mohamed, Troy, Russo, Grim,
Miller, J., Somani, Jarrells, Brewer, Sims, Robinson, Cockley, Baker,
Synenberg, Isaacsohn, Abdullahi, Piccolantonio
To
amend sections 4109.08, 4109.13, and 4109.99 of the Revised Code
to
enact the Clock Out Kids Act to require school employees to report
certain minor labor law violations, to increase penalties for certain
minor labor law violations, and to create the Minor Labor Law
Enforcement Fund; and to make an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4109.08, 4109.13, and 4109.99 of the Revised Code be amended
to read as follows:
Sec.
4109.08.
(A)
No minor shall be employed unless the employer keeps on the premises
a complete list of all minors employed by the employer at a
particular establishment and a printed abstract to be furnished by
the director of commerce summarizing the provisions of this chapter.
The
list and abstract shall be posted in plain view in a conspicuous
place which is frequented by the largest number of minor employees,
and to which all minor employees have access.
(B)
An enforcement official may require any employer, in or about whose
establishment an employee apparently under eighteen years of age is
employed and whose age and schooling certificate is not on file with
the director of commerce as required by section 3331.01 of the
Revised Code, to furnish the enforcement official satisfactory
evidence that the employee is in fact eighteen years of age or older.
The enforcement official shall require from the employer the same
evidence of age of the employee as is required by section 3331.02 of
the Revised Code upon the issuance of an age and schooling
certificate. No employer shall fail to produce the evidence.
(C)
Any employee apparently under eighteen years of age, working in any
occupation or establishment with respect to which there are
restrictions by rule or law governing the employment of minors, with
respect to whom the employer has not furnished satisfactory evidence
that the person is at or above the age required for performance of
employment with the employer after being requested to do so, and who
refuses to give to an enforcement official the employee's name, age,
and place of residence may be taken into custody and charged with
being an unruly child or other appropriate charge under Chapter 2151.
or 2152. of the Revised Code.
(D)
No person shall, with the intent to assist a minor to procure
employment, make a false statement by any means, including by
submitting falsified forms electronically, to any employer or to any
person authorized to issue an age and schooling certificate.
(E)
A school employee shall immediately report to the school's principal
or the principal's designee when the employee is aware or has a
reasonable suspicion based on specific facts that a person under
sixteen years of age who attends the school is employed in a manner
that violates section 4109.07 of the Revised Code. The principal or
the designee shall report the knowledge or suspicion to the director
of commerce. As used in this division, "school employee"
has the same meaning as in section 3313.7112 of the Revised Code.
Sec.
4109.13.
(A)
The
administrator
of the bureau of employment services
director
of commerce
shall
designate enforcement officials to enforce this chapter.
(B)
An enforcement official, upon discovery of a violation of this
chapter and after notice to the employer, shall make a complaint
against the offending employer in any court of competent
jurisdiction.
(C)
Enforcement officials shall make complaint by filing a complaint
before a court having competent jurisdiction against any person
violating any law relating to the employment of minors. This section
shall not be construed to limit the right of other persons to make
those complaints.
(D)
County courts, municipal courts, and juvenile courts have
jurisdiction to try offenses under this chapter. Juvenile courts have
exclusive original jurisdiction to try offenses under section 3321.38
of the Revised Code.
(E)
No person or enforcement official instituting proceedings under this
section shall be required to file or give security for the costs. If
a defendant is acquitted, the judge before whom the case is brought
shall certify the costs to the county auditor. The county auditor
shall examine the amount and, if necessary, correct it. The county
auditor shall issue a warrant on the county treasurer in favor of the
persons to whom the costs are due.
(F)
Fines
(F)(1)
Except as provided in division (F)(2) of this section, fines
collected
for violations of this chapter and section 3321.38 of the Revised
Code shall be paid into the funds of the school district in which the
offense was committed.
(2)
The minor labor law enforcement fund is created in the state
treasury. Fines collected pursuant to division (G) of section 4109.99
of the Revised Code shall be deposited to the credit of the fund. The
director of commerce shall use the fund to administer and enforce
this chapter.
Sec.
4109.99.
(A)
Whoever violates section 4109.04, division (C) of section 4109.07,
division (A), (B), or (D) of section 4109.08, section 4109.11, or
division (B) of section 4109.12 of the Revised Code is guilty of a
minor misdemeanor.
(B)
Whoever violates section 4109.05 of the Revised Code is guilty of a
misdemeanor of the third degree.
(C)
Whoever violates section 4109.03, division (A), (B), or (D) of
section 4109.07, or section 4109.10 of the Revised Code is guilty of
a minor misdemeanor on a first offense and a misdemeanor of the third
degree on each subsequent offense.
(D)
Whoever violates division (A) of section 4109.12 of the Revised Code
is guilty of a minor misdemeanor for each day the violation
continues.
(E)
Whoever violates division (A) of section 4109.21 of the Revised Code
is guilty of a misdemeanor of the fourth degree on a first offense
and a first degree misdemeanor on each subsequent offense. If,
however, the violation on a first offense contains aggravating
circumstances, including, but not limited to, threats to a minor,
reckless operation of a motor vehicle, or abandonment of or
endangerment to a minor but not including circumstances that are the
basis of a felony violation of section 2919.22 of the Revised Code,
then the person is guilty of a misdemeanor of the first degree. If
the offender previously has been convicted under this section and if
the subsequent offense contains aggravating circumstances other than
circumstances that are the basis of a felony violation of section
2919.22 of the Revised Code, then the person is guilty of a felony of
the fourth degree.
(F)
Whoever violates division (F) of section 4109.22 of the Revised Code
shall be assessed a civil penalty of up to one thousand seven hundred
thirty dollars for each violation.
(G)(1)
An employer that knowingly violates section 4109.07 of the Revised
Code shall be fined fifty thousand dollars.
(2)
An employer who employs more than one person in violation of division
(G)(1)of this section shall be fined separately for each person so
employed. A fine under division (G)(1) of this section is in addition
to any other penalty described in this section.
Section
2.
That
existing sections 4109.08, 4109.13, and 4109.99 of the Revised Code
are hereby repealed.
Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
4.
1
2
3
4
5
A
COM
DEPARTMENT OF COMMERCE
B
Dedicated
Purpose Fund Group
C
5AL1
800658
Minor
Labor Law Enforcement
$150,000
$150,000
D
TOTAL
DPF Dedicated Purpose Fund Group
$150,000
$150,000
E
TOTAL
ALL BUDGET FUND GROUPS
$150,000
$150,000
MINOR
LABOR LAW ENFORCEMENT
The
foregoing appropriation item 800658, Minor Labor Law Enforcement,
shall be used by the Department of Commerce to hire staff necessary
to enforce Chapter 4109. of the Revised Code pertaining to state law
governing the employment of minors.
On
the effective date of this act, or as soon as possible thereafter,
the Director of Budget and Management shall transfer $300,000 cash
from the General Revenue Fund to the Minor Labor Law Enforcement Fund
(Fund 5AL1).
Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of the main operating appropriations act of the
136th General Assembly.
Section
6.
This
act shall be known as the Clock Out Kids Act.