As Passed by the House

(CORRECTED VERSION)

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 690

Representatives Seitz, Brinkman, Combs, Evans, D., Flowers, Gibbs, Hood, Martin, Reidelbach, Schneider, Setzer, Webster 

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A BILL

To amend sections 4111.01, 4111.02, 4111.03, 4111.04,

1

4111.08, 4111.09, and 4111.10 and to enact section

2

4111.14 of the Revised Code to implement Section

3

34a, Article II, of the Constitution of the State

4

of Ohio and to terminate the provisions of section

5

4111.08 of the Revised Code, as amended by this

6

act, on January 1, 2010 by repealing section

7

4111.08 of the Revised Code.

8

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

Section 1.  That sections 4111.01, 4111.02, 4111.03, 4111.04,	9
4111.08, 4111.09, and 4111.10 be amended and section 4111.14 of	10
the Revised Code be enacted to read as follows:	11

Sec. 4111.01.  As used in sections 4111.01 to 4111.17 of the	12
Revised Codethis chapter:	13

(A) "Wage" means compensation due to an employee by reason of	14
employment, payable in legal tender of the United States or checks	15
on banks convertible into cash on demand at full face value,	16
subject to the deductions, charges, or allowances permitted by	17
rules of the director of commerce under section 4111.05 of the	18
Revised Code. "Wage" includes an employee's commissions of which	19
the employee's employer keeps a record, but does not include	20
gratuities, except as provided by rules issued under section	21
4111.05 of the Revised Code.	22

"Wage" also includes the reasonable cost to the employer of	23
furnishing to an employee board, lodging, or other facilities, if	24
the board, lodging, or other facilities are customarily furnished	25
by the employer to the employer's employees. The cost of board,	26
lodging, or other facilities shall not be included as part of wage	27
to the extent excluded therefrom under the terms of a bona fide	28
collective bargaining agreement applicable to the employee.	29

(B) "Employ" means to suffer or to permit to work.

30

(C) "Employer" means the state of Ohio, its	31
instrumentalities, and its political subdivisions and their	32
instrumentalities, any individual, partnership, association,	33
corporation, business trust, or any person or group of persons,	34
acting in the interest of an employer in relation to an employee,	35
but does not include an employer whose annual gross volume of	36
sales made for business done is less than one hundred fifty	37
thousand dollars, exclusive of excise taxes at the retail level	38
which are separately stated.	39

(D) "Employee" means any individual employed by an employer	40
but does not include:	41

(1) Any individual employed by the United States;

42

(2) Any individual employed as a baby-sitter in the	43
employer's home, or a live-in companion to a sick, convalescing,	44
or elderly person whose principal duties do not include	45
housekeeping;	46

(3) Any individual engaged in the delivery of newspapers to	47
the consumer;	48

(4) Any individual employed as an outside salesperson	49
compensated by commissions or in a bona fide executive,	50
administrative, or professional capacity as such terms are defined	51
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	52
U.S.C.A. 201, as amended;	53

(5) Any employee employed in agriculture if the employee is	54
employed by an employer who did not, during any calendar quarter	55
during the preceding calendar year, use more than five hundred	56
worker-days of agricultural labor, or if the employee is the	57
parent, spouse, child, or other member of the employer's immediate	58
family;	59

(6) Any individual who works or provides personal services of	60
a charitable nature in a hospital or health institution for which	61
compensation is not sought or contemplated;	62

(7) A member of a police or fire protection agency or student	63
employed on a part-time or seasonal basis by a political	64
subdivision of this state;	65

(8) Any individual in the employ of a camp or recreational	66
area for children under eighteen years of age and owned and	67
operated by a nonprofit organization or group of organizations	68
described in Section 501 (c)(3) of the "Internal Revenue Code of	69
1954," and exempt from income tax under Section 501 (a) of that	70
code;	71

(9) Any individual employed directly by the house of	72
representatives or directly by the senate.	73

(E) "Occupation" means any occupation, service, trade,	74
business, industry, or branch or group of industries or employment	75
or class of employment in which individuals are employed.	76

Sec. 4111.02. (A) Every employer and employers with less	77
than one hundred fifty thousand dollars gross annual sales, as	78
defined in Section 34a of Article II, Ohio Constitution, shall pay	79
each of the employer's employees at a wage rate of not less than	80
the wage rate specified in the "Fair Labor Standards Act," 29	81
U.S.C. 206, as now or hereafter amended, beginning on the	82
effective date of this amendment, except as otherwise provided in	83
this sectionSection 34a of Article II, Ohio Constitution.	84

(B) Every employer shall pay each employee in agriculture at	85
a wage rate not less than the wage rate described in division (A)	86
of this section. This provision does not apply to any employee	87
employed in agriculture if the employee: (1)(a) is employed as a	88
hand harvest laborer and is paid on a piece rate basis in an	89
operation which has been, and is customarily and generally	90
recognized as having been, paid on a piece rate basis in the	91
region of employment, (b) commutes daily from the employee's	92
permanent residence to the farm on which the employee is so	93
employed, and (c) has been employed in agriculture less than	94
thirteen weeks during the preceding calendar year, or (2)(a) is	95
sixteen years of age or under, is employed as a hand harvest	96
laborer, and is paid on a piece rate basis in an operation which	97
has been, and is customarily and generally recognized as having	98
been paid on a piece rate basis in the region of employment, (b)	99
is employed on the same farm as the employee's parent or person	100
standing in the place of the employee's parent, and (c) is paid at	101
the same piece rate as employees over age sixteen are paid on the	102
same farm. Such employees shall be paid no less than two dollars	103
and eighty cents per hour.	104

(C) For any employee engaged in an occupation in which the	105
employee customarily and regularly receives tips from patrons or	106
others, the employer shall payThe director of commerce annually	107
shall adjust the wage rate as specified for tipped employees in	108
the "Fair Labor Standards Act," 29 U.S.C. 203, as now or hereafter	109
amendedin Section 34a of Article II, Ohio Constitution.	110

Sec. 4111.03.  (A) An employer shall pay an employee for	111
overtime at a wage rate of one and one-half times the employee's	112
wage rate for hours worked in excess of forty hours in one	113
workweek, in the manner and methods provided in and subject to the	114
exemptions of section 7 and section 13 of the "Fair Labor	115
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as	116
amended.	117

Any employee employed in agriculture shall not be covered by	118
the overtime provision of this section.	119

(B) For the purposes of this section, the number of hours	120
worked by a county employee in any one workweek shall be deemed to	121
include, in addition to hours actually worked, all periods in an	122
active pay status.	123

(C) If a county employee elects to take compensatory time off	124
in lieu of overtime pay, for any overtime worked, such	125
compensatory time may be granted by the employee's administrative	126
superior, on a time and one-half basis, at a time mutually	127
convenient to the employee and the administrative superior within	128
one hundred eighty days after the overtime is worked.	129

(D) A county appointing authority with the exception of the	130
county department of job and family services may, by rule or	131
resolution as is appropriate, indicate the authority's intention	132
not to be bound by division (B) or (C) of this section, and to	133
adopt a different policy for the calculation and payment of	134
overtime that is embodied in those divisions. Upon adoption, the	135
alternative policy prevails. Prior to the adoption of an	136
alternative overtime policy, the county appointing authority with	137
the exception of the county department of job and family services	138
shall give a written notice of the alternative policy to each	139
employee at least ten days prior to the effective date of the	140
policy.	141

(E) As used in section:

142

(1) "Employ" means to suffer or to permit to work.

143

(2) "Employer" means the state of Ohio, its	144
instrumentalities, and its political subdivisions and their	145
instrumentalities, any individual, partnership, association,	146
corporation, business trust, or any person or group of persons,	147
acting in the interest of an employer in relation to an employee,	148
but does not include an employer whose annual gross volume of	149
sales made for business done is less than one hundred fifty	150
thousand dollars, exclusive of excise taxes at the retail level	151
which are separately stated.	152

(3) "Employee" means any individual employed by an employer	153
but does not include:	154

(a) Any individual employed by the United States;

155

(b) Any individual employed as a baby-sitter in the	156
employer's home, or a live-in companion to a sick, convalescing,	157
or elderly person whose principal duties do not include	158
housekeeping;	159

(c) Any individual engaged in the delivery of newspapers to	160
the consumer;	161

(d) Any individual employed as an outside salesperson	162
compensated by commissions or employed in a bona fide executive,	163
administrative, or professional capacity as such terms are defined	164
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	165
U.S.C.A. 201, as amended;	166

(e) Any individual who works or provides personal services of	167
a charitable nature in a hospital or health institution for which	168
compensation is not sought or contemplated;	169

(f) A member of a police or fire protection agency or student	170
employed on a part-time or seasonal basis by a political	171
subdivision of this state;	172

(g) Any individual in the employ of a camp or recreational	173
area for children under eighteen years of age and owned and	174
operated by a nonprofit organization or group of organizations	175
described in Section 501 (c)(3) of the "Internal Revenue Code of	176
1954," and exempt from income tax under Section 501 (a) of that	177
code;	178

(h) Any individual employed directly by the house of	179
representatives or directly by the senate.	180

Sec. 4111.04.  The director of commerce may:

181

(A) Investigate and ascertain the wages of persons employed	182
in any occupation in the state;	183

(B) Enter and inspect the place of business or employment of	184
any employer for the purpose of inspecting any books, registers,	185
payrolls, or other records of the employer that in any way relate	186
to the question of wages, hours, and other conditions of	187
employment of any employees, and may question the employees for	188
the purpose of ascertaining whether sections 4111.01 to 4111.17 of	189
the Revised Code, and the rules adopted thereunder, have been and	190
are being obeyed. In conducting an inspection of the records of an	191
employer, the director shall make every effort to coordinate the	192
inspection with those conducted by the federal agency responsible	193
for enforcement of the "Fair Labor Standards Act of 1938," 52	194
Stat. 1060, 29 U.S.C.A. 201, as amended. If the federal agency has	195
completed an audit or examination of the employer's records within	196
the sixty days prior to the date the director notifies the	197
employer of the director's intent to examine the employer's	198
records, the director shall accept in lieu of the director's own	199
inspection, a report from the federal agency that the employer is	200
in compliance with the federal act, unless the director has	201
reasonable grounds for believing that the report is inaccurate or	202
incomplete for the purposes of sections 4111.01 to 4111.13 of the	203
Revised Code, or that events occurring since the audit give the	204
director reasonable grounds for believing that a violation of	205
sections 4111.01 to 4111.13 of the Revised Code has occurred.	206

(C) In the event the director is prohibited by any employer	207
from carrying out the intent of this section, the director may	208
apply to any court of common pleas having jurisdiction of that	209
employer or the place of employment underissue subpoenas and	210
compel attendance of witnesses and production of papers, books,	211
accounts, payrolls, documents, records, and testimony relating and	212
relevant to the director's investigation, for an order directing	213
compliance with this section. Failure of the employer to obey the	214
order of the court may be punished by said court as a contempt	215
thereof.	216

Sec. 4111.08.  Every employer subject to sections 4111.01 to	217
4111.17 of the Revised Code, or to any rule adopted thereunder,	218
shall make and keep for a period of not less than three years a	219
record of the name, address, and occupation of each of the	220
employer's employees, the rate of pay and the amount paid each pay	221
period to each employee, the hours worked each day and each work	222
week by the employee, and other information as the director of	223
commerce prescribes by rule as necessary or appropriate for the	224
enforcement of sections 4111.01 to 4111.17 of the Revised Code, or	225
of the rules thereunder. Records may be opened for inspection or	226
copying by the director at any reasonable time. Any records an	227
employer creates on or before December 31, 2006, shall be created	228
and maintained in accordance with this section.	229

Sec. 4111.09.  Every employer subject to sections 4111.01 to	230
4111.17 of the Revised Code, or to any rules issued thereunder,	231
shall keep a summary of the sections, approved by the director of	232
commerce, and copies of any applicable rules issued thereunder, or	233
a summary of the rules, posted in a conspicuous and accessible	234
place in or about the premises wherein any person subject thereto	235
is employed. The director of commerce shall make the summary	236
described in this section available on the web site of the	237
department of commerce. The director shall update this summary as	238
necessary, but not less than annually, in order to reflect changes	239
in the minimum wage rate as required under Section 34a of Article	240
II, Ohio Constitution. Employees and employers shall be furnished	241
copies of the summaries and rules by the state, on request,	242
without charge.	243

Sec. 4111.10.  (A) Any employer who pays any employee less	244
than wages to which the employee is entitled under sections	245
4111.01 to 4111.17section 4111.03 of the Revised Code, is liable	246
to the employee affected for the full amount of the overtime wage	247
rate, less any amount actually paid to the employee by the	248
employer, and for costs and reasonable attorney's fees as may be	249
allowed by the court. Any agreement between the employee and the	250
employer to work for less than the overtime wage rate is no	251
defense to an action.	252

(B) At the written request of any employee paid less than the	253
wages to which the employee is entitled under sections 4111.01 to	254
4111.17section 4111.03 of the Revised Code, the director of	255
commerce may take an assignment of a wage claim in trust for the	256
assigning employee and may bring any legal action necessary to	257
collect the claim. The employer shall pay the costs and reasonable	258
attorney's fees allowed by the court.	259

Sec. 4111.14. (A) Pursuant to the general assembly's	260
authority to establish a minimum wage under Section 34 of Article	261
II, Ohio Constitution, this section is in implementation of	262
Section 34a of Article II, Ohio Constitution. In implementing	263
Section 34a of Article II, Ohio Constitution, the general assembly	264
hereby finds that the purpose of Section 34a of Article II, Ohio	265
Constitution is to:	266

(1) Ensure that Ohio employees, as defined in division (B)(1)	267
of this section, are paid the wage rate required by Section 34a of	268
Article II, Ohio Constitution;	269

(2) Ensure that covered Ohio employers maintain certain	270
records that are directly related to the enforcement of the wage	271
rate requirements in Section 34a of Article II, Ohio Constitution;	272

(3) Ensure that Ohio employees who are paid the wage rate	273
required by Section 34a of Article II, Ohio Constitution may	274
enforce their right to receive that wage rate in the manner set	275
forth in Section 34a of Article II, Ohio Constitution; and	276

(4) Protect the privacy of Ohio employees' pay and personal	277
information specified in Section 34a of Article II, Ohio	278
Constitution by restricting an employee's access, and access by a	279
person acting on behalf of that employee, to the employee's own	280
pay and personal information.	281

(B) In accordance with Section 34a of Article II, Ohio	282
Constitution, the terms "employer," "employee," "employ,"	283
"person," and "independent contractor" have the same meanings as	284
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	285
U.S.C. 203, as amended. In construing the meaning of these terms,	286
due consideration and great weight shall be given to the United	287
States department of labor's and federal courts' interpretations	288
of those terms under the Fair Labor Standards Act and its	289
regulations. As used in division (B) of this section:	290

(1) "Employee" means individuals employed in Ohio, but does	291
not mean individuals who are excluded from the definition of	292
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	293
from the minimum wage requirements in 29 U.S.C. 213 and from the	294
definition of "employee" in this chapter.	295

(2) "Employ" and "employee" do not include any person acting	296
as a volunteer. In construing who is a volunteer, "volunteer"	297
shall have the same meaning as in sections 553.101 to 553.106 of	298
Title 29 of the Code of Federal Regulations, as amended, and due	299
consideration and great weight shall be given to the United States	300
department of labor's and federal courts' interpretations of the	301
term "volunteer" under the Fair Labor Standards Act and its	302
regulations.	303

(C) In accordance with Section 34a of Article II, Ohio	304
Constitution, the state may issue licenses to employers who are	305
not subject to the Fair Labor Standards Act authorizing payment of	306
a wage below that required by Section 34a of Article II, Ohio	307
Constitution to individuals with mental or physical disabilities	308
that may otherwise adversely affect their opportunity for	309
employment. In issuing such licenses, the state shall abide by the	310
rules adopted pursuant to section 4111.06 of the Revised Code.	311

(D) In accordance with Section 34a of Article II, Ohio	312
Constitution, individuals employed in or about the property of an	313
employer or an individual's residence on a casual basis are not	314
included within the coverage of Section 34a of Article II, Ohio	315
Constitution. As used in division (D) of this section:	316

(1) "Casual basis" means employment that is irregular or	317
intermittent and that is not performed by an individual whose	318
vocation is to be employed in or about the property of the	319
employer or individual's residence. In construing who is employed	320
on a "casual basis," due consideration and great weight shall be	321
given to the United States department of labor's and federal	322
courts' interpretations of the term "casual basis" under the Fair	323
Labor Standards Act and its regulations.	324

(2) "An individual employed in or about the property of an	325
employer or individual's residence" means an individual employed	326
on a casual basis or an individual employed in or about a	327
residence on a casual basis, respectively.	328

(E) In accordance with Section 34a of Article II, Ohio	329
Constitution, an employer shall at the time of hire provide an	330
employee with the employer's name, address, telephone number, and	331
other contact information and update such information when it	332
changes. As used in division (E) of this section:	333

(1) "Other contact information" may include, where	334
applicable, the address of the employer's internet site on the	335
world wide web, the employer's electronic mail address, fax	336
number, or the name, address, and telephone number of the	337
employer's statutory agent. "Other contact information" does not	338
include the name, address, telephone number, fax number, internet	339
site address, or electronic mail address of any employee,	340
shareholder, officer, director, supervisor, manager, or other	341
individual employed by or associated with an employer.	342

(2) "When it changes" means that the employer shall provide	343
its employees with the change in its name, address, telephone	344
number, or other contact information within sixty business days	345
after the change occurs. The employer shall provide the changed	346
information by using any of its usual methods of communicating	347
with its employees, including, but not limited to, listing the	348
change on the employer's internet site on the world wide web,	349
internal computer network, or a bulletin board where it commonly	350
posts employee communications or by insertion or inclusion with	351
employees' paychecks or pay stubs.	352

(F) In accordance with Section 34a of Article II, Ohio	353
Constitution, an employer shall maintain a record of the name,	354
address, occupation, pay rate, hours worked for each day worked,	355
and each amount paid an employee for a period of not less than	356
three years following the last date the employee was employed by	357
that employer. As used in division (F) of this section:	358

(1) "Address" means an employee's home address as maintained	359
in the employer's personnel file or personnel database for that	360
employee.	361

(2)(a) With respect to employees who are not exempt from the	362
overtime pay requirements of the Fair Labor Standards Act or this	363
chapter, "pay rate" means an employee's base rate of pay.	364

(b) With respect to employees who are exempt from the	365
overtime pay requirements of the Fair Labor Standards Act or this	366
chapter, "pay rate" means an employee's annual base salary or	367
other rate of pay by which the particular employee qualifies for	368
that exemption under the Fair Labor Standards Act or this chapter,	369
but does not include bonuses, stock options, incentives, deferred	370
compensation, or any other similar form of compensation.	371

(3) "Record" means the name, address, occupation, pay rate,	372
hours worked for each day worked, and each amount paid an employee	373
in one or more documents, databases, or other paper or electronic	374
forms of record-keeping maintained by an employer. No one	375
particular method or form of maintaining such a record or records	376
is required under this division. An employer is not required to	377
create or maintain a single record containing only the employee's	378
name, address, occupation, pay rate, hours worked for each day	379
worked, and each amount paid an employee. An employer shall	380
maintain a record or records from which the employee or person	381
acting on behalf of that employee could reasonably review the	382
information requested by the employee or person.	383

An employer is not required to maintain the records specified	384
in division (F)(3) of this section for any period before January	385
1, 2007. On and after January 1, 2007, the employer shall maintain	386
the records required by division (F)(3) of this section for three	387
years from the date the hours were worked by the employee.	388

(4)(a) With respect to employees who are not employed as	389
outside salespersons compensated by commissions or employed in a	390
bona fide executive, administrative, or professional capacity as	391
such terms are defined in the Fair Labor Standards Act or its	392
regulations, "hours worked for each day worked" means the total	393
amount of time worked by an employee in whatever increments the	394
employer uses for its payroll purposes during a day worked by the	395
employee. An employer is not required to keep a record of the time	396
of day an employee begins and ends work on any given day. As used	397
in division (F)(4) of this section, "day" means a fixed period of	398
twenty-four consecutive hours during which an employee performs	399
work for an employer.	400

(b) An employer is not required to keep records of "hours	401
worked for each day worked" for employees who are employed as	402
outside salespersons compensated by commissions or employed in a	403
bona fide executive, administrative, or professional capacity as	404
such terms are defined in the Fair Labor Standards Act or its	405
regulations.	406

(5) "Each amount paid an employee" means the total gross	407
wages paid to an employee for each pay period. As used in division	408
(F)(5) of this section, "pay period" means the period of time	409
designated by an employer to pay an employee the employee's gross	410
wages in accordance with the employer's payroll practices under	411
section 4113.15 of the Revised Code.	412

(G) In accordance with Section 34a of Article II, Ohio	413
Constitution, an employer must provide such information without	414
charge to an employee or person acting on behalf of an employee	415
upon request. As used in division (G) of this section:	416

(1) "Such information" means the name, address, occupation,	417
pay rate, hours worked for each day worked, and each amount paid	418
for the specific employee who has requested that specific	419
employee's own information and does not include the name, address,	420
occupation, pay rate, hours worked for each day worked, or each	421
amount paid of any other employee of the employer. "Such	422
information" does not include hours worked for each day worked by	423
employees employed as outside salespersons compensated by	424
commissions or employed in a bona fide executive, administrative,	425
or professional capacity as such terms are defined in the Fair	426
Labor Standards Act and its regulations.	427

(2) "Acting on behalf of an employee" means a person acting	428
on behalf of an employee as any of the following:	429

(a) The certified or legally recognized collective bargaining	430
representative for that employee under the applicable federal law	431
or Chapter 4117. of the Revised Code;	432

(b) The employee's attorney;

433

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

434

A person "acting on behalf of an employee" must be	435
specifically authorized by an employee in order to make a request	436
for that employee's own name, address, occupation, pay rate, hours	437
worked for each day worked, and each amount paid to that employee.	438

(3) "Provide" means that an employer shall provide the	439
requested information within thirty business days after the date	440
the employer receives the request, unless either of the following	441
occurs:	442

(a) The employer and the employee or person acting on behalf	443
of the employee agree to some alternative time period for	444
providing the information.	445

(b) The thirty-day period would cause a hardship on the	446
employer under the circumstances, in which case the employer must	447
provide the requested information as soon as practicable.	448

(4) A "request" made by an employee or a person acting on	449
behalf of an employee means a request by an employee or a person	450
acting on behalf of an employee for the employee's own	451
information. The employer may require that the employee provide	452
the employer with a written request that has been signed by the	453
employee and notarized and that reasonably specifies the	454
particular information being requested. The employer may require	455
that the person acting on behalf of an employee provide the	456
employer with a written request that has been signed by the	457
employee whose information is being requested and notarized and	458
that reasonably specifies the particular information being	459
requested.	460

(H) In accordance with Section 34a of Article II, Ohio	461
Constitution, an employee, person acting on behalf of one or more	462
employees, and any other interested party may file a complaint	463
with the state for a violation of any provision of Section 34a of	464
Article II, Ohio Constitution or any law or regulation	465
implementing its provisions. Such complaint shall be promptly	466
investigated and resolved by the state. The employee's name shall	467
be kept confidential unless disclosure is necessary to resolution	468
of a complaint and the employee consents to disclosure. As used in	469
division (H) of this section:	470

(1) "Complaint" means a complaint of an alleged violation	471
pertaining to harm suffered by the employee filing the complaint,	472
by a person acting on behalf of one or more employees, or by an	473
interested party.	474

(2) "Acting on behalf of one or more employees" has the same	475
meaning as "acting on behalf of an employee" in division (G)(2) of	476
this section. Each employee must provide a separate written and	477
notarized authorization before the person acting on that	478
employee's or those employees' behalf may request the name,	479
address, occupation, pay rate, hours worked for each day worked,	480
and each amount paid for the particular employee.	481

(3) "Interested party" means a party who alleges to be	482
injured by the alleged violation and who has standing to file a	483
complaint under common law principles of standing.	484

(4) "Resolved by the state" means that the complaint has been	485
resolved to the satisfaction of the state.	486

(5) "Shall be kept confidential" means that the state shall	487
keep the name of the employee confidential as required by division	488
(H) of this section.	489

(I) In accordance with Section 34a of Article II, Ohio	490
Constitution, the state may on its own initiative investigate an	491
employer's compliance with Section 34a of Article II, Ohio	492
Constitution and any law or regulation implementing Section 34a of	493
Article II, Ohio Constitution. The employer shall make available	494
to the state any records related to such investigation and other	495
information required for enforcement of Section 34a of Article II,	496
Ohio Constitution or any law or regulation implementing Section	497
34a of Article II, Ohio Constitution. The state shall investigate	498
an employer's compliance with this section in accordance with the	499
procedures described in section 4111.04 of the Revised Code. All	500
records and information related to investigations by the state are	501
confidential and are not a public record subject to section 149.43	502
of the Revised Code. This division does not prevent the state from	503
releasing to or exchanging with other state and federal wage and	504
hour regulatory authorities information related to investigations.	505

(J) In accordance with Section 34a of Article II, Ohio	506
Constitution, damages shall be calculated as an additional two	507
times the amount of the back wages and in the case of a violation	508
of an anti-retaliation provision an amount set by the state or	509
court sufficient to compensate the employee and deter future	510
violations, but not less than one hundred fifty dollars for each	511
day that the violation continued. The "not less than one hundred	512
fifty dollar" penalty specified in division (J) of this section	513
shall be imposed only for violations of the anti-retaliation	514
provision in Section 34a of Article II, Ohio Constitution.	515

(K) In accordance with Section 34a of Article II, Ohio	516
Constitution, an action for equitable and monetary relief may be	517
brought against an employer by the attorney general and/or an	518
employee or person acting on behalf of an employee or all	519
similarly situated employees in any court of competent	520
jurisdiction, including the court of common pleas of an employee's	521
county of residence, for any violation of Section 34a of Article	522
II, Ohio Constitution or any law or regulation implementing its	523
provisions within three years of the violation or of when the	524
violation ceased if it was of a continuing nature, or within one	525
year after notification to the employee of final disposition by	526
the state of a complaint for the same violation, whichever is	527
later.	528

(1) As used in division (K) of this section, "notification"	529
means the date on which the notice was sent to the employee by the	530
state.	531

(2) No employee shall join as a party plaintiff in any civil	532
action that is brought under division (K) of this section by an	533
employee, person acting on behalf of an employee, or person acting	534
on behalf of all similarly situated employees unless that employee	535
first gives written consent to become such a party plaintiff and	536
that consent is filed with the court in which the action is	537
brought.	538

(3) A civil action regarding an alleged violation of this	539
section shall be maintained only under division (K) of this	540
section. This division does not preclude the joinder in a single	541
civil action of an action under this division and an action under	542
section 4111.10 of the Revised Code.	543

(4) Any agreement between an employee and employer to work	544
for less than the wage rate specified in Section 34a of Article	545
II, Ohio Constitution, is no defense to an action under this	546
section.	547

(L) In accordance with Section 34a of Article II, Ohio	548
Constitution, there shall be no exhaustion requirement, no	549
procedural, pleading, or burden of proof requirements beyond those	550
that apply generally to civil suits in order to maintain such	551
action and no liability for costs or attorney's fees on an	552
employee except upon a finding that such action was frivolous in	553
accordance with the same standards that apply generally in civil	554
suits. Nothing in division (L) of this section affects the right	555
of an employer and employee to agree to submit a dispute under	556
this section to alternative dispute resolution, including, but not	557
limited to, arbitration, in lieu of maintaining the civil suit	558
specified in division (K) of this section. Nothing in this	559
division limits the state's ability to investigate or enforce this	560
section.	561

(M) An employer who provides such information specified in	562
Section 34a of Article II, Ohio Constitution, shall be immune from	563
any civil liability for injury, death, or loss to person or	564
property that otherwise might be incurred or imposed as a result	565
of providing that information to an employee or person acting on	566
behalf of an employee in response to a request by the employee or	567
person, and the employer shall not be subject to the provisions of	568
Chapters 1347. and 1349. of the Revised Code to the extent that	569
such provisions would otherwise apply. As used in division (M) of	570
this section, "such information," "acting on behalf of an	571
employee," and "request" have the same meanings as in division (G)	572
of this section.	573

(N) As used in this section, "the state" means the director	574
of commerce.	575

Section 2.  That existing sections 4111.01, 4111.02, 4111.03,	576
4111.04, 4111.08, 4111.09, and 4111.10 of the Revised Code are	577
hereby repealed.	578

Section 3. Section 4111.08 of the Revised Code is hereby	579
repealed, effective January 1, 2010.	580

Section 4. (A) The General Assembly, by enacting this act,	581
intends to implement the Ohio Fair Minimum Wage Amendment in the	582
manner in which the proponents of the Amendment described it to	583
Ohio voters during the campaigns for the General Election on	584
November 7, 2006.	585

(B) The proponents of the Ohio Fair Minimum Wage Amendment	586
issued campaign materials, one of which was entitled "Fact vs.	587
Fiction: Minimum Wage Opponents Shamelessly Distort Facts to Deny	588
Low-Wage Workers a Raise," published by Ohioans for a Fair Minimum	589
Wage, that stated all of the following upon which Ohio voters	590
relied to be honest and accurate:	591

(1) The Amendment defines "employer," "employee," and	592
"employ" as having the same meanings as under the federal Fair	593
Labor Standards Act. Clear definitions for terms such as "employ"	594
and "casual basis" will not necessitate litigation to clarify	595
their meanings because those terms have been established by	596
federal regulations, well settled case law, or both.	597

(2) By referencing the federal minimum wage law directly, the	598
Amendment ensures that the Ohio law tracks the federal minimum	599
wage requirements with respect to individuals who volunteer their	600
time.	601

(3) The Amendment does not threaten employees' privacy	602
because employees may seek access only to their own payroll	603
records.	604

(4) The Amendment allows an employer to take reasonable steps	605
to verify that a person does in fact represent the employee.	606

(5) Employment law experts explain that state authorities in	607
Ohio will undoubtedly interpret the parallel language in the	608
Amendment in the same manner as the federal Department of Labor,	609
clarifying that employers need not keep irrelevant records for	610
non-hourly employees.	611

(C) The General Assembly enacts this act according to the	612
proponents' campaign materials and pursuant to the authority	613
vested in the General Assembly by the following constitutional	614
provisions:	615

(1) Section 34a of Article II, Ohio Constitution, which	616
states that "laws may be passed to implement its provisions. . .."	617

(2) Section 34 of Article II, Ohio Constitution, which states	618
that "laws may be passed fixing and regulating the hours of labor,	619
establishing a minimum wage, and providing for the comfort,	620
health, safety and general welfare of all employees; and no other	621
provision of the constitution shall impair or limit this power,"	622
which Section 34a of Article II, Ohio Constitution, made no	623
attempt to amend, repeal, or otherwise modify.	624

Section 5.  If any item of law that constitutes the whole or	625
part of a codified or uncodified section of law contained in this	626
act, or if any application of any item of law that constitutes the	627
whole or part of a codified or uncodified section of law contained	628
in this act, is held invalid, the invalidity does not affect other	629
items of law or applications of items of law that can be given	630
effect without the invalid item of law or application. To this	631
end, the items of law of which the codified and uncodified	632
sections of law contained in this act are composed, and their	633
applications, are independent and severable.	634