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Women are
60%
more likely to
live in poverty
than white men in
Ohio
Single-woman led households are at the
highest risk
of poverty in
Ohio
In
Ohio
, women earn
$0.75
for every dollar a white man makes
Women in
Ohio
are
60%
more likely to earn
minimum wage
than white men
Women in
Ohio
are
67%
more likely to earn a
tipped wage
than white men
In
Ohio
, at least
71%
of women are essential to the financial security of their household
Ohio law requires equal pay for equal work on the basis of race, color, religion, sex, age, national origin, and ancestry on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that the disparity was based on seniority system; merit system; system which measures earnings by the quantity or quality of production; or any factor other than protected class status.[2]
· Retaliation: Ohio does not have an anti-retaliation provision for equal pay violations.
[1] Ohio Rev. Code Ann. § 4111.17 (West 2023).
[2] Id.
Yes. While federal law only prohibits wage discrimination based on sex, Ohio includes the protected classes of race, color, religion, age, national origin, and ancestry. Ohio law is similar to federal law in that it requires equal pay only for equal work and includes the broadest affirmative defense: any factor other than race, color, religion, sex, age, national origin, or ancestry.
No. There is no statewide law mandating employer pay disclosure, but Cincinnati and Toledo have their own pay disclosure requirements. Employers in Cincinnati and Toledo with at least 15 employees within their respective cities are required to provide an applicant, upon reasonable request, the pay scale for a position after the applicant has been given a conditional offer of employment.[1]
[1] Cincinnati Muni. Code § 804-03 (2019); Toledo Muni. Code § 768.02 (2019).
No. There is no statewide law in Ohio prohibiting salary history inquiry in hiring and setting pay, but Cincinnati and Toledo do have their own salary history bans. In Cincinnati and Toledo, employers of at least 15 employees within their respective cities are prohibited from inquiring into an applicant’s salary history, screening an applicant based on current or prior compensation, and relying on an applicant’s salary history when determining whether to hire the applicant and what salary, benefits, or other compensation the applicant should receive.[1] A similar law went into effect in Columbus in March 2024.[2]
[1] Cincinnati Muni. Code § 804-01 (2019); Toledo Muni. Code § 768.01 (2019).
[2] See Columbus City Code § 2335.01.; see also https://ogletree.com/insights-resources/blog-posts/columbus-ohios-salary-history-ban-goes-live-on-march-1-2024-are-you-ready/.
No. Ohio law does not include protection for employees’ pay discussions. Under federal law, private sector employers generally cannot prohibit employees from discussing wages, with some exceptions.[1]
[1] Your Right to Discuss Wages, NLRB, https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,for%20mutual%20aid%20or%20protection (last visited June 21, 2023); 29 U.S.C. §§ 151–169.
No. There is no requirement under Ohio law that employers collect, report, or assess gender-based pay.
Yes. The state minimum wage is higher than the federal minimum wage and is adjusted to inflation annually.[1] Ohio law prohibits localities from adopting a minimum wage different than the state minimum wage.[2]
[1] Oh. Const. art. II, § 34a; Ohio Rev. Code Ann. § 4111.02 (West 2017); see also https://dam.assets.ohio.gov/image/upload/com.ohio.gov/documents/2024_MW_Poster.pdf.
[2] Ohio Rev. Code § 4111.02.
No. Employers can pay a lower tipped wage to certain categories of workers in Ohio.[1]
[1] Oh. Const. art. II, § 34a. https://dam.assets.ohio.gov/image/upload/com.ohio.gov/documents/2024_MW_Poster.pdf.
Yes. Workers in Ohio must be paid twice monthly.[1] Employers are permitted to pay workers less frequently if permitted by contract, trade custom, or law.[2] Employers can elect to pay workers more frequently.[3]
[1] Ohio Rev. Code Ann. § 4113.15 (West 2019).
[2] Id.
[3] Id.
No. Employers in Ohio are not required to provide written notice of pay, but they must keep a record of all employees’ personal information, pay rate, and wages worked each day.[1] That information must be provided by the employer if requested by an employee.[2]
[1] Ohio. Const. art. II, § 34a.
[2] Id.
Yes. Ohio generally follows federal overtime laws and requires employers to pay over time for every hour worked over 40 hours in a workweek.[1] There is no cap on overtime in Ohio, meaning that employers can require workers to work well beyond 40 hours in a week subject to punishment or termination upon refusal.
[1] Ohio Rev. Code Ann. § 4111.03(A)(West 2022).
Yes. In the event of wage theft, 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. If the court finds a violation occurred, the employer must pay back wages, damages, costs, and attorney’s fees. If the employer retaliates against the employee, the employer must also pay not less than $150/day for each day the violation occurred.[1]
[1] Ohio Rev. Code Ann. § 4111.10 (2022); Ohio Rev. Code Ann. § 4111.13 (2023); Ohio Rev. Code Ann. § 4111.99 (2023).
