Create the fair paycheck workplace certificate

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 74

2025-2026

Senators Hicks-Hudson, Smith

Cosponsors: Senators Weinstein,
Liston, Craig, DeMora

A
BILL

To
enact sections 4145.01, 4145.02, 4145.03, 4145.04, 4145.05, and
4145.06 of the Revised Code
to
create the fair paycheck workplace certificate.

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

Section
1.
That
sections 4145.01, 4145.02, 4145.03, 4145.04, 4145.05, and 4145.06 of
the Revised Code be enacted to read as follows:

Sec.
4145.01.
As
used in this chapter:

(A)
"Compensation" means all money paid to an employee for
services performed by the employee, including commissions, bonuses,
and tips. "Compensation" does not include the value of
health, welfare, or retirement benefits, paid leave, separation or
holiday pay, or other fringe benefits.

(B)
"Employee" means any individual who performs a service for
wages or other remuneration for an employer.

(C)
"Employer" means any person who has two or more employees.

Sec.
4145.02.
No
employer shall claim to possess a fair paycheck workplace certificate
or otherwise indicate that the employer has a certificate unless the
employer possesses an unexpired certificate obtained from the
director of commerce in accordance with section 4145.03 of the
Revised Code.

Sec.
4145.03.
(A)
An employer seeking a fair paycheck workplace certificate shall
submit an application to the director of commerce on a form
prescribed by the director with the fee established by the director
in rules adopted under section 4145.06 of the Revised Code. If the
employer is a business entity, the application shall be signed by the
individual responsible for making decisions on behalf of the
employer. The employer shall include all of the following information
in the application:

(1)
The name and address of the employer;

(2)
The total number of employees employed by the employer;

(3)
The number of female employees employed by the employer;

(4)
The number of male employees employed by the employer;

(5)
Payroll records showing the gross amount of compensation paid to each
female employee and the gross amount of compensation paid to each
male employee during the calendar year preceding the year in which
the employer applies;

(6)
Any other information the director determines is necessary to
determine whether to issue a certificate.

(B)(1)
The director shall issue a certificate if the director determines,
based on the information provided in the application, that less than
a five per cent difference exists between the average gross
compensation paid to male employees and the average gross
compensation paid to female employees during the calendar year
preceding the year in which the employer applied for the certificate.

(2)
The director shall reject an application only if one of the following
applies:

(a)
The employer does not include the information required under division
(A) of this section in the application;

(b)
The employer fails to pay the required fee;

(c)
The director determines that the requirement specified in division
(B)(1) of this section is not satisfied.

(C)
The director shall issue a certificate or, if the director rejects an
application, a statement explaining the reason for the rejection, to
the employer within fifteen days after receiving an application
submitted under this section.

(D)
An initial certificate issued under this section is valid for a
period of six months. An employer may renew the certificate by
submitting an application described in division (A) of this section
and paying the required fee. A certificate renewed under this section
expires one year after the date it was renewed and may be renewed in
the manner prescribed in this division.

(E)
An employer who is denied a certificate under this section may appeal
the director's decision in accordance with Chapter 119. of the
Revised Code.

Sec.
4145.04.
The
director of commerce shall establish and operate on the internet a
database of employers who have been granted a fair paycheck workplace
certificate under section 4145.03 of the Revised Code. The director
shall include for each employer the employer's name and address and
whether the employer's certificate is current or expired. The
database is a public record open for inspection under section 149.43
of the Revised Code, and it shall be searchable by the public.

Sec.
4145.05.
Any
data on individuals submitted to the director of commerce under
division (A) of section 4145.03 of the Revised Code is confidential
and is not a public record under section 149.43 of the Revised Code.

The
director's decision to issue or not issue a fair paycheck workplace
certificate is a public record.

Sec.
4145.06.
The
director of commerce shall adopt rules in accordance with Chapter
119. of the Revised Code establishing the application fee that an
employer must pay when filing an application for a fair paycheck
workplace certificate under section 4145.03 of the Revised Code. The
fee shall be no more than the amount the director determines
necessary to administer this chapter.

The
director may adopt additional rules in accordance with Chapter 119.
of the Revised Code that the director considers appropriate to
implement this chapter.

Notwithstanding
any provision of section 121.95 of the Revised Code to the contrary,
a regulatory restriction contained in a rule adopted under this
section is not subject to sections 121.95 to 121.953 of the Revised
Code.