Increase the state minimum wage

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 34

2025-2026

Representatives Jarrells, Mohamed

Cosponsors: Representatives Rader,
Thomas, C., Sweeney, Brent, Synenberg, Cockley, Denson, Lett,
Upchurch, Brennan, Grim, Isaacsohn, Sims, Brewer, Somani, White, E.,
Humphrey, Lawson-Rowe, Abdullahi, Troy, Hall, D., McNally, Robinson,
Brownlee, Miller, J.

A
BILL

To
amend sections 4111.02
,
4111.05
,
4111.09, and 4111.14 and to repeal section 4111.07 of the Revised
Code to
increase
the state minimum wage.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4111.02
,
4111.05
,
4111.09, and 4111.14 of the Revised Code be amended to read as
follows:

Sec.
4111.02.
(A)

Every
employer, as defined in Section 34a of Article II, Ohio Constitution,
shall pay each of the employer's employees at a wage rate of not less
than the
wage
rate specified in Section 34a of Article II, Ohio
Constitution
following
wage rates:

(1)
During the period beginning January 1, 2026, and ending December 31,
2026, eleven dollars per hour or the wage rate calculated under
Section 34a of Article II, Ohio Constitution, whichever is greater;

(2)
During the period beginning January 1, 2027, and ending December 31,
2027, twelve dollars per hour;

(3)
During the period beginning January 1, 2028, and ending December 31,
2028, thirteen dollars per hour;

(4)
During the period beginning January 1, 2029, and ending December 31,
2029, fourteen dollars per hour;

(5)
Beginning January 1, 2030, fifteen dollars per hour
.

The

(B)
On September 30, 2030, and every thirtieth day of September
thereafter, the
director
of commerce
annually

shall
adjust the wage rate
as

specified
in
division
(A)(5) of this section in accordance with
Section
34a of Article II, Ohio Constitution.

The adjusted wage rate takes effect on the first day of January
immediately following the date of the adjustment.

(C)

No
political subdivision shall establish a minimum wage rate different
from the wage rate required under this section.

(D)

As
used in this section, "employee" has the same meaning as in
section 4111.14 of the Revised Code.

Sec.
4111.05.
The
director of commerce shall adopt rules in accordance with Chapter
119. of the Revised Code as the director considers appropriate to
carry out the purposes of sections 4111.01 to 4111.17 of the Revised
Code. The rules may be amended from time to time and may include, but
are not limited to, rules defining and governing
apprentices,
their number, proportion, and length of service;
bonuses
and special pay for special or extra work; permitted deductions or
charges to employees for board, lodging, apparel, or other facilities
or services customarily furnished by employers to employees;
inclusion of ascertainable gratuities in wages paid; allowances for
unascertainable gratuities or for other special conditions or
circumstances which may be usual in particular employer-employee
relationships; and the method of computation or the period of time
over which wages may be averaged to determine whether the minimum
wage or overtime rate has been paid.

Sec.
4111.09.
Every
employer subject to sections 4111.01 to 4111.17 of the Revised Code,
or to any rules issued thereunder, shall keep a summary of the
sections, approved by the director of commerce, and copies of any
applicable rules issued thereunder, or a summary of the rules, posted
in a conspicuous and accessible place in or about the premises
wherein any person subject thereto is employed. The director of
commerce shall make the summary described in this section available
on the web site of the department of commerce. The director shall
update this summary as necessary, but not less than annually, in
order to reflect changes in the minimum wage rate as required under
Section 34a of Article II, Ohio Constitution
,
and section 4111.02 of the Revised Code
.
Employees and employers shall be furnished copies of the summaries
and rules by the state, on request, without charge.

Sec.
4111.14.
(A)
Pursuant to the general assembly's authority to establish a minimum
wage under Section 34 of Article II, Ohio Constitution, this section
is in implementation of Section 34a of Article II, Ohio Constitution.
In implementing Section 34a of Article II, Ohio Constitution, the
general assembly hereby finds that the purpose of Section 34a of
Article II, Ohio Constitution, is to:

(1)
Ensure that Ohio employees, as defined in division (B)(1) of this
section, are paid the wage rate required by
section
4111.02 of the Revised Code in accordance with
Section
34a of Article II, Ohio Constitution;

(2)
Ensure that covered Ohio employers maintain certain records that are
directly related to the enforcement of the wage rate requirements

in

of

Section 34a of Article II, Ohio Constitution

and section 4111.02 of the Revised Code
;

(3)
Ensure that Ohio employees who are paid the wage rate required by

Section 34a of Article II, Ohio Constitution

section 4111.02 of the Revised Code
,
may enforce their right to receive that wage rate in the manner set
forth in Section 34a of Article II, Ohio Constitution; and

(4)
Protect the privacy of Ohio employees' pay and personal information
specified in Section 34a of Article II, Ohio Constitution, by
restricting an employee's access, and access by a person acting on
behalf of that employee, to the employee's own pay and personal
information.

(B)
In accordance with Section 34a of Article II, Ohio Constitution, the
terms "employer," "employee," "employ,"
"person," and "independent contractor" have the
same meanings as in the "Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29 U.S.C. 203, as amended. In construing the meaning
of these terms, due consideration and great weight shall be given to
the United States department of labor's and federal courts'
interpretations of those terms under the Fair Labor Standards Act and
its regulations. As used in division (B) of this section:

(1)
"Employee" means individuals employed in Ohio, but does not
mean individuals who are excluded from the definition of "employee"
under 29 U.S.C. 203(e) or individuals who are exempted from the
minimum wage requirements in 29 U.S.C. 213 and from the definition of
"employee" in this chapter.

(2)
"Employ" and "employee" do not include any person
acting as a volunteer. In construing who is a volunteer, "volunteer"
shall have the same meaning as in sections 553.101 to 553.106 of
Title 29 of the Code of Federal Regulations, as amended, and due
consideration and great weight shall be given to the United States
department of labor's and federal courts' interpretations of the term
"volunteer" under the Fair Labor Standards Act and its
regulations.

(3)
"Employer" does not include a franchisor with respect to
the franchisor's relationship with a franchisee or an employee of a
franchisee, unless the franchisor agrees to assume that role in
writing or a court of competent jurisdiction determines that the
franchisor exercises a type or degree of control over the franchisee
or the franchisee's employees that is not customarily exercised by a
franchisor for the purpose of protecting the franchisor's trademark,
brand, or both. For purposes of this division, "franchisor"
and "franchisee" have the same meanings as in 16 C.F.R.
436.1.

(4)
Subject to division (B)(5) of this section, "employee" does
not include an individual 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:

(a)
The individual owns 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.

(b)
The individual is responsible for supplying the necessary personal
services to operate the vehicle or vessel used to provide the
service.

(c)
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.

(d)
The individual substantially controls the means and manner of
performing the services, in conformance with regulatory requirements
and specifications of the shipper.

(e)
The individual enters 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.

(f)
The individual is 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.

(g)
The individual is responsible for any economic loss or economic gain
from the arrangement with the carrier.

(5)
A motor carrier may elect to consider an individual described in
division (B)(4) of this section as an employee for purposes of this
section.

(6)
"Motor carrier" has the same meaning as in section 4923.01
of the Revised Code.

(C)
In accordance with Section 34a of Article II, Ohio Constitution, the
state may issue licenses to employers authorizing payment of a wage
below that required by Section 34a of Article II, Ohio Constitution,

or
section 4111.02 of the Revised Code

to individuals with mental or physical disabilities that may
otherwise adversely affect their opportunity for employment. In
issuing such licenses, the state shall abide by the rules adopted
pursuant to section 4111.06 of the Revised Code.

(D)(1)
In accordance with Section 34a of Article II, Ohio Constitution,
individuals employed in or about the property of an employer or an
individual's residence on a casual basis are not included within the
coverage of Section 34a of Article II, Ohio Constitution. As used in
division (D) of this section:

(a)
"Casual basis" means employment that is irregular or
intermittent and that is not performed by an individual whose
vocation is to be employed in or about the property of the employer
or individual's residence. In construing who is employed on a "casual
basis," due consideration and great weight shall be given to the
United States department of labor's and federal courts'
interpretations of the term "casual basis" under the Fair
Labor Standards Act and its regulations.

(b)
"An individual employed in or about the property of an employer
or individual's residence" means an individual employed on a
casual basis or an individual employed in or about a residence on a
casual basis, respectively.

(2)
In accordance with Section 34a of Article II, Ohio Constitution,
employees of a solely family-owned and operated business who are
family members of an owner are not included within the coverage of
Section 34a of Article II, Ohio Constitution. As used in division
(D)(2) of this section, "family member" means a parent,
spouse, child, stepchild, sibling, grandparent, grandchild, or other
member of an owner's immediate family.

(E)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall at the time of hire provide an employee with the
employer's name, address, telephone number, and other contact
information and update such information when it changes. As used in
division (E) of this section:

(1)
"Other contact information" may include, where applicable,
the address of the employer's internet site on the world wide web,
the employer's electronic mail address, fax number, or the name,
address, and telephone number of the employer's statutory agent.
"Other contact information" does not include the name,
address, telephone number, fax number, internet site address, or
electronic mail address of any employee, shareholder, officer,
director, supervisor, manager, or other individual employed by or
associated with an employer.

(2)
"When it changes" means that the employer shall provide its
employees with the change in its name, address, telephone number, or
other contact information within sixty business days after the change
occurs. The employer shall provide the changed information by using
any of its usual methods of communicating with its employees,
including, but not limited to, listing the change on the employer's
internet site on the world wide web, internal computer network, or a
bulletin board where it commonly posts employee communications or by
insertion or inclusion with employees' paychecks or pay stubs.

(F)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall maintain a record of the name, address, occupation,
pay rate, hours worked for each day worked, and each amount paid an
employee for a period of not less than three years following the last
date the employee was employed by that employer. As used in division
(F) of this section:

(1)
"Address" means an employee's home address as maintained in
the employer's personnel file or personnel database for that
employee.

(2)(a)
With respect to employees who are not exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay
rate" means an employee's base rate of pay.

(b)
With respect to employees who are exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay
rate" means an employee's annual base salary or other rate of
pay by which the particular employee qualifies for that exemption
under the Fair Labor Standards Act or this chapter, but does not
include bonuses, stock options, incentives, deferred compensation, or
any other similar form of compensation.

(3)
"Record" means the name, address, occupation, pay rate,
hours worked for each day worked, and each amount paid an employee in
one or more documents, databases, or other paper or electronic forms
of record-keeping maintained by an employer. No one particular method
or form of maintaining such a record or records is required under
this division. An employer is not required to create or maintain a
single record containing only the employee's name, address,
occupation, pay rate, hours worked for each day worked, and each
amount paid an employee. An employer shall maintain a record or
records from which the employee or person acting on behalf of that
employee could reasonably review the information requested by the
employee or person.

An
employer is not required to maintain the records specified in
division (F)(3) of this section for any period before January 1,
2007. On and after January 1, 2007, the employer shall maintain the
records required by division (F)(3) of this section for three years
from the date the hours were worked by the employee and for three
years after the date the employee's employment ends.

(4)(a)
Except for individuals specified in division (F)(4)(b) of this
section, "hours worked for each day worked" means the total
amount of time worked by an employee in whatever increments the
employer uses for its payroll purposes during a day worked by the
employee. An employer is not required to keep a record of the time of
day an employee begins and ends work on any given day. As used in
division (F)(4) of this section, "day" means a fixed period
of twenty-four consecutive hours during which an employee performs
work for an employer.

(b)
An employer is not required to keep records of "hours worked for
each day worked" for individuals for whom the employer is not
required to keep those records under the Fair Labor Standards Act and
its regulations or individuals who are not subject to the overtime
pay requirements specified in section 4111.03 of the Revised Code.

(5)
"Each amount paid an employee" means the total gross wages
paid to an employee for each pay period. As used in division (F)(5)
of this section, "pay period" means the period of time
designated by an employer to pay an employee the employee's gross
wages in accordance with the employer's payroll practices under
section 4113.15 of the Revised Code.

(G)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer must provide such information without charge to an employee
or person acting on behalf of an employee upon request. As used in
division (G) of this section:

(1)
"Such information" means the name, address, occupation, pay
rate, hours worked for each day worked, and each amount paid for the
specific employee who has requested that specific employee's own
information and does not include the name, address, occupation, pay
rate, hours worked for each day worked, or each amount paid of any
other employee of the employer. "Such information" does not
include hours worked for each day worked by individuals for whom an
employer is not required to keep that information under the Fair
Labor Standards Act and its regulations or individuals who are not
subject to the overtime pay requirements specified in section 4111.03
of the Revised Code.

(2)
"Acting on behalf of an employee" means a person acting on
behalf of an employee as any of the following:

(a)
The certified or legally recognized collective bargaining
representative for that employee under the applicable federal law or
Chapter 4117. of the Revised Code;

(b)
The employee's attorney;

(c)
The employee's parent, guardian, or legal custodian.

A
person "acting on behalf of an employee" must be
specifically authorized by an employee in order to make a request for
that employee's own name, address, occupation, pay rate, hours worked
for each day worked, and each amount paid to that employee.

(3)
"Provide" means that an employer shall provide the
requested information within thirty business days after the date the
employer receives the request, unless either of the following occurs:

(a)
The employer and the employee or person acting on behalf of the
employee agree to some alternative time period for providing the
information.

(b)
The thirty-day period would cause a hardship on the employer under
the circumstances, in which case the employer must provide the
requested information as soon as practicable.

(4)
A "request" made by an employee or a person acting on
behalf of an employee means a request by an employee or a person
acting on behalf of an employee for the employee's own information.
The employer may require that the employee provide the employer with
a written request that has been signed by the employee and notarized
and that reasonably specifies the particular information being
requested. The employer may require that the person acting on behalf
of an employee provide the employer with a written request that has
been signed by the employee whose information is being requested and
notarized and that reasonably specifies the particular information
being requested.

(H)
In accordance with Section 34a of Article II, Ohio Constitution, an
employee, person acting on behalf of one or more employees, and any
other interested party may file a complaint with the state for a
violation of any provision of Section 34a of Article II, Ohio
Constitution, or any law or regulation implementing its provisions.
Such complaint shall be promptly investigated and resolved by the
state. The employee's name shall be kept confidential unless
disclosure is necessary to resolution of a complaint and the employee
consents to disclosure. As used in division (H) of this section:

(1)
"Complaint" means a complaint of an alleged violation
pertaining to harm suffered by the employee filing the complaint, by
a person acting on behalf of one or more employees, or by an
interested party.

(2)
"Acting on behalf of one or more employees" has the same
meaning as "acting on behalf of an employee" in division
(G)(2) of this section. Each employee must provide a separate written
and notarized authorization before the person acting on that
employee's or those employees' behalf may request the name, address,
occupation, pay rate, hours worked for each day worked, and each
amount paid for the particular employee.

(3)
"Interested party" means a party who alleges to be injured
by the alleged violation and who has standing to file a complaint
under common law principles of standing.

(4)
"Resolved by the state" means that the complaint has been
resolved to the satisfaction of the state.

(5)
"Shall be kept confidential" means that the state shall
keep the name of the employee confidential as required by division
(H) of this section.

(I)
In accordance with Section 34a of Article II, Ohio Constitution, the
state may on its own initiative investigate an employer's compliance
with Section 34a of Article II, Ohio Constitution, and any law or
regulation implementing Section 34a of Article II, Ohio Constitution.
The employer shall make available to the state any records related to
such investigation and other information required for enforcement of
Section 34a of Article II, Ohio Constitution or any law or regulation
implementing Section 34a of Article II, Ohio Constitution. The state
shall investigate an employer's compliance with this section in
accordance with the procedures described in section 4111.04 of the
Revised Code. All records and information related to investigations
by the state are confidential and are not a public record subject to
section 149.43 of the Revised Code. This division does not prevent
the state from releasing to or exchanging with other state and
federal wage and hour regulatory authorities information related to
investigations.

(J)
In accordance with Section 34a of Article II, Ohio Constitution,
damages shall be calculated as an additional two times the amount of
the back wages and in the case of a violation of an anti-retaliation
provision an amount set by the state or court sufficient to
compensate the employee and deter future violations, but not less
than one hundred fifty dollars for each day that the violation
continued. The "not less than one hundred fifty dollar"
penalty specified in division (J) of this section shall be imposed
only for violations of the anti-retaliation provision in Section 34a
of Article II, Ohio Constitution.

(K)
In accordance with Section 34a of Article II, Ohio Constitution, an
action for equitable and monetary relief may be brought against an
employer by the attorney general and/or an employee or person acting
on behalf of an employee or all similarly situated employees in any
court of competent jurisdiction, including the court of common pleas
of an employee's county of residence, for any violation of Section
34a of Article II, Ohio Constitution, or any law or regulation
implementing its provisions within three years of the violation or of
when the violation ceased if it was of a continuing nature, or within
one year after notification to the employee of final disposition by
the state of a complaint for the same violation, whichever is later.

(1)
As used in division (K) of this section, "notification"
means the date on which the notice was sent to the employee by the
state.

(2)
No employee shall join as a party plaintiff in any civil action that
is brought under division (K) of this section by an employee, person
acting on behalf of an employee, or person acting on behalf of all
similarly situated employees unless that employee first gives written
consent to become such a party plaintiff and that consent is filed
with the court in which the action is brought.

(3)
A civil action regarding an alleged violation of this section shall
be maintained only under division (K) of this section. This division
does not preclude the joinder in a single civil action of an action
under this division and an action under section 4111.10 of the
Revised Code.

(4)
Any agreement between an employee and employer to work for less than
the wage rate specified in

Section 34a of Article II, Ohio Constitution

section 4111.02 of the Revised Code
,
is no defense to an action under this section.

(L)
In accordance with Section 34a of Article II, Ohio Constitution,
there shall be no exhaustion requirement, no procedural, pleading, or
burden of proof requirements beyond those that apply generally to
civil suits in order to maintain such action and no liability for
costs or attorney's fees on an employee except upon a finding that
such action was frivolous in accordance with the same standards that
apply generally in civil suits. Nothing in division (L) of this
section affects the right of an employer and employee to agree to
submit a dispute under this section to alternative dispute
resolution, including, but not limited to, arbitration, in lieu of
maintaining the civil suit specified in division (K) of this section.
Nothing in this division limits the state's ability to investigate or
enforce this section.

(M)
An employer who provides such information specified in Section 34a of
Article II, Ohio Constitution, shall be immune from any civil
liability for injury, death, or loss to person or property that
otherwise might be incurred or imposed as a result of providing that
information to an employee or person acting on behalf of an employee
in response to a request by the employee or person, and the employer
shall not be subject to the provisions of Chapters 1347. and 1349. of
the Revised Code to the extent that such provisions would otherwise
apply. As used in division (M) of this section, "such
information," "acting on behalf of an employee," and
"request" have the same meanings as in division (G) of this
section.

(N)
As used in this section, "the state" means the director of
commerce.

Section
2.
That
existing sections 4111.02
,
4111.05
,
4111.09, and 4111.14 of the Revised Code are hereby repealed.

Section
3.
That
section 4111.07 of the Revised Code is hereby repealed.