Allow certain public hospitality employees to accept gratuities

sb331_02_PS

As Passed by the Senate

136th
General Assembly

Regular
Session
Am. S. B. No. 331

2025-2026

Senators Wilson, Blackshear

Cosponsors: Senators Brenner, Cirino,
Ingram, Craig, DeMora, Gavarone, Hicks-Hudson, Huffman, Johnson,
Lang, O'Brien, Reineke, Smith, Timken, Wilkin

To
enact section 102.10 of the Revised Code
to
allow certain public hospitality employees to accept gratuities.

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

Section
1.
That
section 102.10 of the Revised Code be enacted to read as follows:

Sec.
102.10.
(A)
As used in this section, "public hospitality employee"
means a public employee who performs the employee's primary duties at
any of the following facilities:

(1)
A publicly owned combined park-camp, recreation camp, recreational
vehicle park, or temporary park-camp, as those terms are defined in
section 3729.01 of the Revised Code;

(2)
A publicly owned facility containing a public swimming pool, public
spa, or special use pool, as those terms are defined in section
3749.01 of the Revised Code;

(3)
A publicly owned golf course;

(4)
A hotel, as defined in section 3731.01 of the Revised Code, that is
publicly owned;

(5)
A publicly owned theater, concert hall, entertainment venue,
convention center, or similar space for hosting performances or
events;

(6)
A refuge harbor or marine recreational facility as described in
section 1547.72 of the Revised Code;

(7)
A retail establishment located within a publicly owned facility;

(8)
A retail food establishment or food service operation, as those terms
are defined in section 3717.01 of the Revised Code, located within a
publicly owned facility;

(9)
Any other publicly owned facility that is similar to the facilities
described under divisions (A)(1) to (8) of this section.

(B)
Notwithstanding any provision to the contrary in section 102.03 or
2921.43 of the Revised Code, in addition to
a
public hospitality
employee's
regular compensation,
and

in
recognition of services the employee performs in the course of the
employee's public employment
,
both of the following apply:

(1)
A person may give a gratuity to the employee.

(2)
The employee may accept the gratuity
.

(C)
No public agency that employs a public hospitality employee who
accepts a gratuity under this section shall
claim

the
gratuity as a credit toward the minimum wage rate required under Ohio
Constitution, Article II, Section 34a and Chapter 4111. of the
Revised Code.