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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 142
2025-2026
Senator Hicks-Hudson
Cosponsors: Senators DeMora, Ingram,
Antonio
To
amend sections 4111.06, 4111.14, 5122.28, 5123.022, 5123.023,
5123.87, 5747.98, and 5751.98 and to enact sections 3304.45,
4111.061,
5747.87
,
and 5751.56 of the Revised Code
to
phase out the subminimum wage for individuals with physical or mental
disabilities, to authorize a tax credit for purchases made from
nonprofit corporations that hire such individuals, and to name this
act the Ohio Employment First and Greater Opportunities for Persons
with Disabilities Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4111.06, 4111.14, 5122.28, 5123.022, 5123.023, 5123.87,
5747.98, and 5751.98 be amended and sections 3304.45, 4111.061,
5747.87
,
and 5751.56 of the Revised Code be enacted to read as follows:
Sec.
3304.45.
(A)
As used in this section:
(1)
"Qualified vendor" means a nonprofit corporation that is
certified under division (D) of this section as meeting all of the
following requirements:
(a)
The nonprofit corporation is exempt from federal income taxation
pursuant to section 501(a) as an organization described in section
501(c)(3) of the Internal Revenue Code.
(b)
At least twenty per cent of the individuals employed by the nonprofit
corporation are individuals with disabilities, and those individuals
are employed in an integrated setting, as defined in section 5123.022
of the Revised Code.
(c)
One or more of the following applies:
(i)
The nonprofit corporation offers to contribute at least seventy-five
per cent of the premium cost for individual health insurance coverage
for each eligible employee.
(ii)
The nonprofit corporation offers an eligible employer-sponsored
insurance plan under the Affordable Care Act for each eligible
employee.
(iii)
The nonprofit corporation does not offer an employer-sponsored
insurance plan, but pays the penalty required by 26 U.S.C. 4980H for
each eligible employee who purchases health insurance through an
exchange, as defined in section 3905.01 of the Revised Code.
(iv)
The nonprofit corporation is not subject to the employer mandate
under 26 U.S.C. 4980H, but offers assistance to eligible employees to
cover at least seventy-five per cent of the employees' health
insurance costs through a health savings account or other similar
method.
(d)
The nonprofit corporation does not employ individuals under a
certificate issued by the United States secretary of labor under 29
U.S.C. 214(c).
(2)
"Individuals with disabilities" means individuals having a
physical or mental impairment that constitutes a substantial
impediment to employment, as certified by a health care provider who
is qualified to make such a determination or by a state or federal
agency having the function of making such a determination.
(3)
"Physical or mental impairment" and "substantial
impediment to employment" have the same meanings as in section
3304.11 of the Revised Code.
(4)
"Affordable Care Act" means the "Patient Protection
and Affordable Care Act," 42 U.S.C. 18031 (2011).
(5)
"Internal Revenue Code" has the same meaning as in section
5747.01 of the Revised Code.
(6)
"Eligible employer-sponsored health plan" has the same
meaning as in section 5166.40 of the Revised Code.
(7)
"Eligible employee" has the same meaning as in section
3924.01 of the Revised Code.
(8)
"Price" has the same meaning as in section 5739.01 of the
Revised Code.
(B)
A person may apply to the executive director of the opportunities for
Ohioans with disabilities agency for a nonrefundable credit against
the tax levied under section 5747.02 or 5751.02 of the Revised Code
for purchases made by the person from a qualified vendor.
A
person may submit an application after the first day and before the
twenty-first day of January of the year following the year in which
the purchases are made. The executive director shall prescribe the
form and manner of filing such applications. In the application, the
person shall specify the tax against which the person proposes to
claim the credit.
The
executive director shall review applications in the order in which
they are received. Subject to the limits described in division (C) of
this section, the executive director shall issue a tax credit
certificate authorizing the applicant to claim a credit if the
executive director determines that the applicant made one or more
purchases from a qualified vendor. The certificate shall include a
unique identifying number and state the amount of credit for which
the executive director determines the applicant is eligible and the
tax against which the person may claim the credit.
Subject
to division (C) of this section, the amount of the credit shall equal
fifteen per cent of the price of purchases made by the applicant from
the qualified vendor.
(C)
The executive director of the opportunities for Ohioans with
disabilities agency shall not issue tax credit certificates that
would authorize more than eight million dollars of tax credits to be
claimed in any calendar year and shall not issue a certificate
authorizing more than five hundred thousand dollars of tax credits to
be claimed in any calendar year on the basis of purchases from the
same qualified vendor.
(D)
The executive director of the opportunities for Ohioans with
disabilities agency shall certify nonprofit corporations as qualified
vendors. An entity may apply to the executive director for
certification, and the executive director shall provide the
certification if the executive director determines that the nonprofit
corporation meets all of the requirements described in divisions
(A)(1)(a) to (d) of this section. A nonprofit corporation shall
notify the executive director if the nonprofit corporation no longer
meets all of those requirements. The executive director shall revoke
a certification upon receiving such notice or if the executive
director otherwise determines that a nonprofit corporation no longer
meets those requirements.
(E)
The executive director of the opportunities for Ohioans with
disabilities agency shall annually submit to the general assembly a
report in accordance with division (B) of section 101.68 of the
Revised Code that includes the number of tax credit certificates
issued in the preceding year, the amount of credits awarded with
respect to those certificates, and any other information the
executive director considers relevant for the review of the
effectiveness of the credit authorized under this section.
Sec.
4111.06.
(A)
As used in this section and section 4111.061 of the Revised Code,
"employer" and "employee" have the same meanings
as in section 4111.02 of the Revised Code.
(B)
In
order to prevent curtailment of opportunities for employment, to
avoid undue hardship, and to safeguard the minimum wage rates under
sections 4111.01 to 4111.17 of the Revised Code, the director of
commerce
,
subject to divisions (C) to (E) of this section,
shall adopt rules under section 4111.05 of the Revised Code,
permitting employment in any occupation at wages lower than the wage
rates applicable under sections 4111.01 to 4111.17 of the Revised
Code, of individuals whose earning capacity is impaired by physical
or mental disabilities or injuries.
The
Except
as provided in divisions (C) to (E) of this section, the
rules
shall provide for licenses to be issued authorizing employment at the
wages of specific individuals or groups of employees, or by specific
employers or groups of employers, pursuant to the rules. The rules
shall not conflict with the "Americans with Disabilities Act of
1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.
(C)
Beginning ninety days after the effective date of this amendment, the
director shall not issue any new, or renew any existing, licenses
authorizing employment at wages lower than the wage rates applicable
under sections 4111.01 to 4111.17 of the Revised Code.
(D)(1)
Except as provided in division (D)(2) of this section, beginning
ninety days after the effective date of this amendment, no employer
shall pay an employee whose earning capacity is impaired by a
physical or mental disability or injury at wages lower than the wage
rates applicable under sections 4111.01 to 4111.17 of the Revised
Code.
(2)
For the time period ending on the date that is five years after the
effective date of this amendment, an employer may pay an employee
whose earning capacity is impaired by a physical or mental disability
or injury at wages lower than the wage rates applicable under
sections 4111.01 to 4111.17 of the Revised Code if both of the
following apply:
(a)
The employer employs that employee on and after the date that is
ninety days after the effective date of this amendment.
(b)
The employer, on the date that is ninety days after the effective
date of this amendment, holds an unexpired license issued in
accordance with division (B) of this section.
(3)
For purposes of division (D)(2) of this section, an unexpired license
held by an employer as described in division (D)(2)(b) of this
section is valid for the time period ending on the date that is five
years after the effective date of this amendment.
(E)
Beginning on and after the date that is five years after the
effective date of this amendment, no employer shall pay any employee
whose earning capacity is impaired by a physical or mental disability
or injury at a wage lower than the wage rates applicable under
sections 4111.01 to 4111.17 of the Revised Code.
Sec.
4111.061.
(A)
As used in this section:
(1)
"Competitive employment" has the same meaning as in section
5123.022 of the Revised Code.
(2)
"Department" has the same meaning as in section 121.01 of
the Revised Code, except that it also includes the bureau of workers'
compensation, department of higher education, department of taxation,
and public utilities commission of Ohio.
(3)
"Disability" means, with respect to an individual, a
physical or mental impairment that substantially limits one or more
of major life activities, a record of a physical or mental
impairment, being regarded as having a physical or mental impairment,
or any condition that would be considered a disability under the
"Americans with Disabilities Act of 1990," 42 U.S.C. 12101,
et seq.
(4)
"Federal certificate" means a special certificate issued in
accordance with section 14(c) of the "Fair Labor Standards Act,"
29 U.S.C. 214(c).
(5)
"State license" means a license issued pursuant to division
(B) of section 4111.06 of the Revised Code or division (C) of section
4111.14 of the Revised Code, as that division existed before the
effective date of this section.
(6)
"Subminimum wage" means a wage paid to an employee with a
disability that is lower than the wage rates applicable under
sections 4111.01 to 4111.17 of the Revised Code.
(B)
Not later than fifteen months after the effective date of this
section, each employer that holds a state license or federal
certificate shall submit to the director of developmental
disabilities a transition plan that addresses how the employer
intends to do both of the following:
(1)
Phase out subminimum wages not later than the date that is five years
after the effective date of this section;
(2)
Support individuals with disabilities in pursuing competitive,
integrated employment.
(C)
The director of developmental disabilities, in consultation with the
executive director of the opportunities for Ohioans with disabilities
agency, shall assist employers with phasing out subminimum wages not
later than the date that is five years after the effective date of
this section and shall do all of the following:
(1)
Identify and develop protections to ensure competitive, integrated
employment for employees with disabilities while phasing out
subminimum wages;
(2)
Identify and collaborate with employees, employers, organizations,
agencies, and stakeholders impacted by the phase out of subminimum
wages to assist them with implementing the transition plans submitted
under division (B) of this section and creating sustainable,
competitive employment;
(3)
Collect data on employers that hold state licenses or federal
certificates until the date that is five years after the effective
date of this section;
(4)
Propose a plan to establish and evaluate benchmarks for measuring
progress with respect to implementing the transition plans each year
until subminimum wages are eliminated beginning on the date that is
five years after the effective date of this section;
(5)
Propose a plan to monitor and track the outcomes of employees with
disabilities;
(6)
Identify initiatives, investments, training, and services designed to
improve wages, reduce unemployment rates, and provide support and
sustainable work opportunities for individuals with disabilities;
(7)
Identify and make recommendations for sustainable support, funding,
and resources to assist individuals with disabilities with respect to
phasing out subminimum wages, such as financing for the cost to
implement and provide employment services, training, and support;
(8)
Ensure that the transition plans protect the rights of individuals
with disabilities and complies with the "Americans with
Disabilities Act of 1990," 42 U.S.C. 12111, et seq. and Chapter
4112. of the Revised Code.
(D)
Not later than the first day of January that first occurs following
the effective date of this section, and not later than the first day
of January of each year thereafter until the date that is five years
after the effective date of this section, the director of
developmental disabilities shall submit to the governor and the
general assembly a report that includes the information described in
division (C) of this section.
(E)
The director of developmental disabilities, in consultation with the
executive director of the opportunities for Ohioans with disabilities
agency, shall solicit assistance from all of the following in
carrying out the director's duties under this section:
(1)
The employment first task force established under section 5123.023 of
the Revised Code;
(2)
Stakeholders who have expertise regarding the employment of
individuals with disabilities, at least twenty per cent of whom are
individuals with disabilities;
(3)
Family members of individuals with disabilities;
(4)
Organizations that advocate on behalf of individuals with
disabilities;
(5)
Providers of services to individuals with disabilities;
(6)
Local governments;
(7)
Business associations.
(F)
Each department that employs or provides employment services to
individuals with disabilities shall do both of the following:
(1)
Coordinate and collaborate with other departments to ensure that
state programs, policies, procedures, and funding contribute toward
the competitive, integrated employment of individuals with
disabilities;
(2)
Share nonconfidential data and other information with other
departments to track progress with respect to phasing out subminimum
wages not later than the date that is five years after the effective
date of this section.
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 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
Section 34a of Article II, Ohio Constitution;
(3)
Ensure that Ohio employees who are paid the wage rate required by
Section 34a of Article II, Ohio Constitution, 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,
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)
(C)(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)
(C)
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)
(C)(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)
(D)
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)
(D)
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)
(E)
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)
(E)
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)
(E)(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)
(E)(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)
(E)(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)
(E)(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)
(E)(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)
(F)
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)
(F)
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)
(G)
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)
(G)
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)
(F)(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)
(G)
of
this section.
(I)
(H)
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)
(I)
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)
(I)
of
this section shall be imposed only for violations of the
anti-retaliation provision in Section 34a of Article II, Ohio
Constitution.
(K)
(J)
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)
(J)
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)
(J)
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)
(J)
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, is no defense to an action under this section.
(L)
(K)
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)
(K)
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)
(J)
of
this section. Nothing in this division limits the state's ability to
investigate or enforce this section.
(M)
(L)
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)
(L)
of
this section, "such information," "acting on behalf of
an employee," and "request" have the same meanings as
in division
(G)
(F)
of
this section.
(N)
(M)
As
used in this section, "the state" means the director of
commerce.
Sec.
5122.28.
No
patient of a hospital for persons with mental illnesses shall be
compelled to perform labor which involves the operation, support, or
maintenance of the hospital or for which the hospital is under
contract with an outside organization. Privileges or release from the
hospital shall not be conditional upon the performance of such labor.
Patients who volunteer to perform such labor shall be compensated at
a rate derived from the value of work performed, having reference to
the prevailing wage rate for comparable work
or wage rates established under section 4111.06 of the Revised Code
.
A
patient may be required to perform therapeutic tasks which do not
involve the operation, support, or maintenance of the hospital if
those tasks are an integrated part of the patient's treatment plan
and supervised by a person qualified to oversee the therapeutic
aspects of the activity.
A
patient may be required to perform tasks of a personal housekeeping
nature.
Sec.
5123.022.
(A)
As used in this section
and in section 5123.023 of the Revised Code
:
(1)
"Community employment" means competitive employment that
takes place in an integrated setting.
(2)
"Competitive employment" means full-time or part-time work
in the competitive labor market in which payment is at or above the
minimum wage but not less than the customary wage and level of
benefits paid by the employer for the same or similar work performed
by persons who are not disabled.
(3)
"Integrated setting" means a setting typically found in the
community where individuals with developmental disabilities interact
with individuals who do not have disabilities to the same extent that
individuals in comparable positions who are not disabled interact
with other individuals, including in employment settings in which
employees interact with the community through technology.
(B)
It is hereby declared to be the policy of this state that employment
services for individuals with developmental disabilities be directed
at community employment. Every individual with a developmental
disability is presumed capable of community employment.
The
departments of developmental disabilities, education and workforce,
medicaid, job and family services, and mental health and addiction
services; the opportunities for Ohioans with disabilities agency; and
each other state agency that provides employment services to
individuals with developmental disabilities shall implement the
policy of this state and ensure that it is followed whenever
employment services are provided to individuals with developmental
disabilities.
The
department of developmental disabilities shall coordinate the actions
taken by state agencies to comply with the state's policy. Agencies
shall collaborate within their divisions and with each other to
ensure that state programs, policies, procedures, and funding support
competitive and integrated employment of individuals with
developmental disabilities. State agencies shall share information
with the department, and the department shall track progress toward
full implementation of the policy. The department, in coordination
with any task force established by the governor, shall compile data
and annually submit to the governor a report on implementation of the
policy.
The
department and state agencies may adopt rules to implement the
state's policy.
(C)
The state's policy articulated in this section is intended to promote
the right of each individual with a developmental disability to
informed choice; however, nothing in this section requires any
employer to give preference in hiring to an individual because the
individual has a disability.
(D)
Each political subdivision that provides employment services to
individuals with developmental disabilities shall implement a policy
that complies with the policy of this state and ensure that it is
followed whenever employment services are provided to individuals
with developmental disabilities.
Sec.
5123.023.
(A)
The director of developmental disabilities shall establish an
employment first task force consisting of the departments of
developmental disabilities, education and workforce, medicaid, job
and family services, and mental health and addiction services; and
the opportunities for Ohioans with disabilities agency. The purpose
of the task force shall be to improve the coordination of the state's
efforts to address the needs of individuals with developmental
disabilities who seek community employment
as defined in section 5123.022 of the Revised Code
.
(B)
The department of developmental disabilities may enter into
interagency agreements with any of the government entities on the
task force. The interagency agreements may specify either or both of
the following:
(1)
The roles and responsibilities of the government entities that are
members of the task force, including any money to be contributed by
those entities;
(2)
The projects and activities of the task force.
(C)
The
task force shall do all of the following:
(1)
Review the transition plans submitted by employers under section
4111.061 of the Revised Code and develop long-term strategies to
assist those employers in phasing out subminimum wages as defined in
that section not later than the date that is five years after the
effective date of this amendment;
(2)
Review and develop recommendations to transition individuals with
developmental disabilities from subminimum wages and to support these
individuals in seeking competitive employment;
(3)
Work with interagency partners to ensure developmental disability
services that align with national models are available for
individuals with developmental disabilities;
(4)
Use data available to the department of developmental disabilities to
identify opportunities for improving health outcomes for individuals
with developmental disabilities.
(D)
Not later than the first day of March immediately after the effective
date of this amendment, and on the first day of March of each
even-numbered year thereafter, the task force, in consultation with
the department of developmental disabilities, shall submit to the
general assembly a report that includes all of the following:
(1)
Information regarding the outcomes, best practices, and challenges
with respect to individuals with developmental disabilities;
(2)
Information regarding opportunities to support individuals with
developmental disabilities;
(3)
Legislative recommendations for creating a better system of care for
individuals with developmental disabilities.
(E)
There
is hereby created in the state treasury the employment first
taskforce fund. Any money received by the task force from its members
shall be credited to the fund. The department of developmental
disabilities shall use the fund to support the work of the task
force.
Sec.
5123.87.
(A)
No resident of an institution for persons with intellectual
disabilities shall be compelled to perform labor that involves the
operation, support, or maintenance of the institution or for which
the institution is under contract with an outside organization.
Privileges or release from the institution shall not be conditional
upon the performance of such labor. Residents who volunteer to
perform such labor shall be compensated at a rate derived from the
value of the work performed, having reference to the prevailing wage
rate for comparable work
or wage rates established under section 4111.06 of the Revised Code
.
(B)
A resident may be required to perform habilitative tasks that do not
involve the operation, support, or maintenance of the institution if
those tasks are an integrated part of the resident's habilitation
plan and supervised by a member of the institution's professional
staff who is designated by the chief program director.
(C)
A resident may be required to perform tasks of a personal
housekeeping nature.
Sec.
5747.87.
(A)
As used in this section, "qualified vendor" has the same
meaning as in section 3304.45 of the Revised Code.
(B)
There is allowed a nonrefundable credit against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a taxpayer issued a tax credit certificate under section 3304.45 of
the Revised Code for purchases made from a qualified vendor. The
credit shall equal the dollar amount indicated on the certificate and
shall be claimed for the taxable year in which the certificate is
issued.
The
credit shall be claimed in the order required under section 5747.98
of the Revised Code. If the credit exceeds the taxpayer's aggregate
tax due under section 5747.02 of the Revised Code for that taxable
year after allowing for credits that precede the credit under this
section in that order, such excess shall be allowed as a credit in
each of the ensuing four taxable years, but the amount of any excess
credit allowed in any such taxable year shall be deducted from the
balance carried forward to the ensuing taxable year.
A
taxpayer claiming a credit pursuant to this section shall submit a
copy of the certificate with the taxpayer's return. Nothing in this
section limits or disallows pass-through treatment of the credit.
Sec.
5747.98.
(A)
To provide a uniform procedure for calculating a taxpayer's aggregate
tax liability under section 5747.02 of the Revised Code, a taxpayer
shall claim any credits to which the taxpayer is entitled in the
following order:
Either
the retirement income credit under division (B) of section 5747.055
of the Revised Code or the lump sum retirement income credits under
divisions (C), (D), and (E) of that section;
Either
the senior citizen credit under division (F) of section 5747.055 of
the Revised Code or the lump sum distribution credit under division
(G) of that section;
The
dependent care credit under section 5747.054 of the Revised Code;
The
credit for displaced workers who pay for job training under section
5747.27 of the Revised Code;
The
campaign contribution credit under section 5747.29 of the Revised
Code;
The
twenty-dollar personal exemption credit under section 5747.022 of the
Revised Code;
The
joint filing credit under division (G) of section 5747.05 of the
Revised Code;
The
earned income credit under section 5747.71 of the Revised Code;
The
nonrefundable credit for education expenses under section 5747.72 of
the Revised Code;
The
nonrefundable credit for donations to scholarship granting
organizations under section 5747.73 of the Revised Code;
The
nonrefundable credit for tuition paid to a nonchartered nonpublic
school under section 5747.75 of the Revised Code;
The
nonrefundable vocational job credit under section 5747.057 of the
Revised Code;
The
nonrefundable job retention credit under division (B) of section
5747.058 of the Revised Code;
The
enterprise zone credit under section 5709.66 of the Revised Code;
The
credit for beginning farmers who participate in a financial
management program under division (B) of section 5747.77 of the
Revised Code;
The
credit for purchases made from a qualified vendor under section
5747.87 of the Revised Code;
The
credit for commercial vehicle operator training expenses under
section 5747.82 of the Revised Code;
The
nonrefundable welcome home Ohio (WHO) program credit under section
122.633 of the Revised Code;
The
credit for selling or renting agricultural assets to beginning
farmers under division (A) of section 5747.77 of the Revised Code;
The
credit for purchases of qualifying grape production property under
section 5747.28 of the Revised Code;
The
small business investment credit under section 5747.81 of the Revised
Code;
The
nonrefundable lead abatement credit under section 5747.26 of the
Revised Code;
The
opportunity zone investment credit under section 5747.86 of the
Revised Code;
The
enterprise zone credits under section 5709.65 of the Revised Code;
The
research and development credit under section 5747.331 of the Revised
Code;
The
credit for rehabilitating a historic building under section 5747.76
of the Revised Code;
The
nonrefundable Ohio low-income housing tax credit under section
5747.83 of the Revised Code;
The
nonrefundable affordable single-family home credit under section
5747.84 of the Revised Code;
The
nonresident credit under division (A) of section 5747.05 of the
Revised Code;
The
credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code;
The
refundable motion picture and broadway theatrical production credit
under section 5747.66 of the Revised Code;
The
refundable credit for film and theater capital improvement projects
under section 5747.67 of the Revised Code;
The
refundable jobs creation credit or job retention credit under
division (A) of section 5747.058 of the Revised Code;
The
refundable credit for taxes paid by a qualifying entity granted under
section 5747.059 of the Revised Code;
The
refundable credits for taxes paid by a qualifying pass-through entity
granted under division (I) of section 5747.08 of the Revised Code;
The
refundable credit under section 5747.80 of the Revised Code for
losses on loans made to the Ohio venture capital program under
sections 150.01 to 150.10 of the Revised Code;
The
refundable credit for rehabilitating a historic building under
section 5747.76 of the Revised Code;
The
refundable credit under section 5747.39 of the Revised Code for taxes
levied under section 5747.38 of the Revised Code paid by an electing
pass-through entity.
(B)
For any credit, except the refundable credits enumerated in this
section and the credit granted under division (H) of section 5747.08
of the Revised Code, the amount of the credit for a taxable year
shall not exceed the taxpayer's aggregate amount of tax due under
section 5747.02 of the Revised Code, after allowing for any other
credit that precedes it in the order required under this section. Any
excess amount of a particular credit may be carried forward if
authorized under the section creating that credit. Nothing in this
chapter shall be construed to allow a taxpayer to claim, directly or
indirectly, a credit more than once for a taxable year.
Sec.
5751.56.
(A)
As used in this section, "qualified vendor" has the same
meaning as in section 3304.45 of the Revised Code.
(B)
There is allowed a nonrefundable credit against the tax imposed by
section 5751.02 of the Revised Code for a taxpayer that is issued a
tax credit certificate under section 3304.45 of the Revised Code for
purchases made from a qualified vendor. The credit shall equal the
dollar amount indicated on the certificate and shall be claimed for
the tax period in which the certificate is issued.
The
credit shall be claimed in the order required under section 5751.98
of the Revised Code. If the credit exceeds the taxpayer's aggregate
tax due under section 5751.02 of the Revised Code for the tax period
after allowing for credits that precede the credit under this section
in that order, such excess may be carried forward for up to fifteen
tax periods, but the amount of any excess credit allowed in any such
tax period shall be deducted from the balance carried forward to the
ensuing tax period.
A
taxpayer claiming a credit pursuant to this section shall submit a
copy of the certificate with the taxpayer's return.
Sec.
5751.98.
(A)
To provide a uniform procedure for calculating the amount of tax due
under this chapter, a taxpayer shall claim any credits to which it is
entitled in the following order:
The
nonrefundable jobs retention credit under division (B) of section
5751.50 of the Revised Code;
The
nonrefundable credit for purchases made from a qualified vendor under
section 5751.56 of the Revised Code;
The
nonrefundable credit for qualified research expenses under division
(B) of section 5751.51 of the Revised Code;
The
nonrefundable credit for a borrower's qualified research and
development loan payments under division (B) of section 5751.52 of
the Revised Code;
The
nonrefundable credit for calendar years 2010 to 2029 for unused net
operating losses under division (B) of section 5751.53 of the Revised
Code;
The
refundable motion picture and broadway theatrical production credit
under section 5751.54 of the Revised Code;
The
refundable credit for film and theater capital improvement projects
under section 5751.55 of the Revised Code;
The
refundable jobs creation credit or job retention credit under
division (A) of section 5751.50 of the Revised Code;
The
refundable credit for calendar year 2030 for unused net operating
losses under division (C) of section 5751.53 of the Revised Code.
(B)
For any credit except the refundable credits enumerated in this
section, the amount of the credit for a tax period shall not exceed
the tax due after allowing for any other credit that precedes it in
the order required under this section. Any excess amount of a
particular credit may be carried forward if authorized under the
section creating the credit.
Section
2.
That
existing sections 4111.06, 4111.14, 5122.28, 5123.022, 5123.023,
5123.87, 5747.98, and 5751.98 of the Revised Code are hereby
repealed.
Section
3.
This
act shall be known as the Ohio Employment First and Greater
Opportunities for Persons with Disabilities Act.