As Reported by the House State Government Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 690

Representative Seitz 

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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, 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, and to declare an

8

emergency.

9

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

Section 1.  That sections 4111.01, 4111.02, 4111.03, 4111.04,	10
4111.08, 4111.09, and 4111.10 be amended and section 4111.14 of	11
the Revised Code be enacted to read as follows:	12

Sec. 4111.01.  As used in sections 4111.01 to 4111.17 of the	13
Revised Codethis chapter:	14

(A) "Wage" means compensation due to an employee by reason of	15
employment, payable in legal tender of the United States or checks	16
on banks convertible into cash on demand at full face value,	17
subject to the deductions, charges, or allowances permitted by	18
rules of the director of commerce under section 4111.05 of the	19
Revised Code. "Wage" includes an employee's commissions of which	20
the employee's employer keeps a record, but does not include	21
gratuities, except as provided by rules issued under section	22
4111.05 of the Revised Code.	23

"Wage" also includes the reasonable cost to the employer of	24
furnishing to an employee board, lodging, or other facilities, if	25
the board, lodging, or other facilities are customarily furnished	26
by the employer to the employer's employees. The cost of board,	27
lodging, or other facilities shall not be included as part of wage	28
to the extent excluded therefrom under the terms of a bona fide	29
collective bargaining agreement applicable to the employee.	30

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

31

(C) "Employer" means the state of Ohio, its	32
instrumentalities, and its political subdivisions and their	33
instrumentalities, any individual, partnership, association,	34
corporation, business trust, or any person or group of persons,	35
acting in the interest of an employer in relation to an employee,	36
but does not include an employer whose annual gross volume of	37
sales made for business done is less than one hundred fifty	38
thousand dollars, exclusive of excise taxes at the retail level	39
which are separately stated.	40

(D) "Employee" means any individual employed by an employer	41
but does not include:	42

(1) Any individual employed by the United States;

43

(2) Any individual employed as a baby-sitter in the	44
employer's home, or a live-in companion to a sick, convalescing,	45
or elderly person whose principal duties do not include	46
housekeeping;	47

(3) Any individual engaged in the delivery of newspapers to	48
the consumer;	49

(4) Any individual employed as an outside salesperson	50
compensated by commissions or in a bona fide executive,	51
administrative, or professional capacity as such terms are defined	52
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	53
U.S.C.A. 201, as amended;	54

(5) Any employee employed in agriculture if the employee is	55
employed by an employer who did not, during any calendar quarter	56
during the preceding calendar year, use more than five hundred	57
worker-days of agricultural labor, or if the employee is the	58
parent, spouse, child, or other member of the employer's immediate	59
family;	60

(6) Any individual who works or provides personal services of	61
a charitable nature in a hospital or health institution for which	62
compensation is not sought or contemplated;	63

(7) A member of a police or fire protection agency or student	64
employed on a part-time or seasonal basis by a political	65
subdivision of this state;	66

(8) Any individual in the employ of a camp or recreational	67
area for children under eighteen years of age and owned and	68
operated by a nonprofit organization or group of organizations	69
described in Section 501 (c)(3) of the "Internal Revenue Code of	70
1954," and exempt from income tax under Section 501 (a) of that	71
code;	72

(9) Any individual employed directly by the house of	73
representatives or directly by the senate.	74

(E) "Occupation" means any occupation, service, trade,	75
business, industry, or branch or group of industries or employment	76
or class of employment in which individuals are employed.	77

Sec. 4111.02. (A) Every employer and employers with less	78
than one hundred fifty thousand dollars gross annual sales, as	79
defined in Section 34a of Article II, Ohio Constitution, shall pay	80
each of the employer's employees at a wage rate of not less than	81
the wage rate specified in the "Fair Labor Standards Act," 29	82
U.S.C. 206, as now or hereafter amended, beginning on the	83
effective date of this amendment, except as otherwise provided in	84
this sectionSection 34a of Article II, Ohio Constitution.	85

(B) Every employer shall pay each employee in agriculture at	86
a wage rate not less than the wage rate described in division (A)	87
of this section. This provision does not apply to any employee	88
employed in agriculture if the employee: (1)(a) is employed as a	89
hand harvest laborer and is paid on a piece rate basis in an	90
operation which has been, and is customarily and generally	91
recognized as having been, paid on a piece rate basis in the	92
region of employment, (b) commutes daily from the employee's	93
permanent residence to the farm on which the employee is so	94
employed, and (c) has been employed in agriculture less than	95
thirteen weeks during the preceding calendar year, or (2)(a) is	96
sixteen years of age or under, is employed as a hand harvest	97
laborer, and is paid on a piece rate basis in an operation which	98
has been, and is customarily and generally recognized as having	99
been paid on a piece rate basis in the region of employment, (b)	100
is employed on the same farm as the employee's parent or person	101
standing in the place of the employee's parent, and (c) is paid at	102
the same piece rate as employees over age sixteen are paid on the	103
same farm. Such employees shall be paid no less than two dollars	104
and eighty cents per hour.	105

(C) For any employee engaged in an occupation in which the	106
employee customarily and regularly receives tips from patrons or	107
others, the employer shall payThe director of commerce annually	108
shall adjust the wage rate as specified for tipped employees in	109
the "Fair Labor Standards Act," 29 U.S.C. 203, as now or hereafter	110
amendedin Section 34a of Article II, Ohio Constitution.	111

Sec. 4111.03.  (A) An employer shall pay an employee for	112
overtime at a wage rate of one and one-half times the employee's	113
wage rate for hours worked in excess of forty hours in one	114
workweek, in the manner and methods provided in and subject to the	115
exemptions of section 7 and section 13 of the "Fair Labor	116
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as	117
amended.	118

Any employee employed in agriculture shall not be covered by	119
the overtime provision of this section.	120

(B) For the purposes of this section, the number of hours	121
worked by a county employee in any one workweek shall be deemed to	122
include, in addition to hours actually worked, all periods in an	123
active pay status.	124

(C) If a county employee elects to take compensatory time off	125
in lieu of overtime pay, for any overtime worked, such	126
compensatory time may be granted by the employee's administrative	127
superior, on a time and one-half basis, at a time mutually	128
convenient to the employee and the administrative superior within	129
one hundred eighty days after the overtime is worked.	130

(D) A county appointing authority with the exception of the	131
county department of job and family services may, by rule or	132
resolution as is appropriate, indicate the authority's intention	133
not to be bound by division (B) or (C) of this section, and to	134
adopt a different policy for the calculation and payment of	135
overtime that is embodied in those divisions. Upon adoption, the	136
alternative policy prevails. Prior to the adoption of an	137
alternative overtime policy, the county appointing authority with	138
the exception of the county department of job and family services	139
shall give a written notice of the alternative policy to each	140
employee at least ten days prior to the effective date of the	141
policy.	142

(E) As used in section:

143

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

144

(2) "Employer" means the state of Ohio, its	145
instrumentalities, and its political subdivisions and their	146
instrumentalities, any individual, partnership, association,	147
corporation, business trust, or any person or group of persons,	148
acting in the interest of an employer in relation to an employee,	149
but does not include an employer whose annual gross volume of	150
sales made for business done is less than one hundred fifty	151
thousand dollars, exclusive of excise taxes at the retail level	152
which are separately stated.	153

(3) "Employee" means any individual employed by an employer	154
but does not include:	155

(a) Any individual employed by the United States;

156

(b) Any individual employed as a baby-sitter in the	157
employer's home, or a live-in companion to a sick, convalescing,	158
or elderly person whose principal duties do not include	159
housekeeping;	160

(c) Any individual engaged in the delivery of newspapers to	161
the consumer;	162

(d) Any individual employed as an outside salesperson	163
compensated by commissions or employed in a bona fide executive,	164
administrative, or professional capacity as such terms are defined	165
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	166
U.S.C.A. 201, as amended;	167

(e) Any individual who works or provides personal services of	168
a charitable nature in a hospital or health institution for which	169
compensation is not sought or contemplated;	170

(f) A member of a police or fire protection agency or student	171
employed on a part-time or seasonal basis by a political	172
subdivision of this state;	173

(g) Any individual in the employ of a camp or recreational	174
area for children under eighteen years of age and owned and	175
operated by a nonprofit organization or group of organizations	176
described in Section 501 (c)(3) of the "Internal Revenue Code of	177
1954," and exempt from income tax under Section 501 (a) of that	178
code;	179

(h) Any individual employed directly by the house of	180
representatives or directly by the senate.	181

Sec. 4111.04.  The director of commerce may:

182

(A) Investigate and ascertain the wages of persons employed	183
in any occupation in the state;	184

(B) Enter and inspect the place of business or employment of	185
any employer for the purpose of inspecting any books, registers,	186
payrolls, or other records of the employer that in any way relate	187
to the question of wages, hours, and other conditions of	188
employment of any employees, and may question the employees for	189
the purpose of ascertaining whether sections 4111.01 to 4111.17 of	190
the Revised Code, and the rules adopted thereunder, have been and	191
are being obeyed. In conducting an inspection of the records of an	192
employer, the director shall make every effort to coordinate the	193
inspection with those conducted by the federal agency responsible	194
for enforcement of the "Fair Labor Standards Act of 1938," 52	195
Stat. 1060, 29 U.S.C.A. 201, as amended. If the federal agency has	196
completed an audit or examination of the employer's records within	197
the sixty days prior to the date the director notifies the	198
employer of the director's intent to examine the employer's	199
records, the director shall accept in lieu of the director's own	200
inspection, a report from the federal agency that the employer is	201
in compliance with the federal act, unless the director has	202
reasonable grounds for believing that the report is inaccurate or	203
incomplete for the purposes of sections 4111.01 to 4111.13 of the	204
Revised Code, or that events occurring since the audit give the	205
director reasonable grounds for believing that a violation of	206
sections 4111.01 to 4111.13 of the Revised Code has occurred.	207

(C) In the event the director is prohibited by any employer	208
from carrying out the intent of this section, the director may	209
apply to any court of common pleas having jurisdiction of that	210
employer or the place of employment underissue subpoenas and	211
compel attendance of witnesses and production of papers, books,	212
accounts, payrolls, documents, records, and testimony relating and	213
relevant to the director's investigation, for an order directing	214
compliance with this section. Failure of the employer to obey the	215
order of the court may be punished by said court as a contempt	216
thereof.	217

Sec. 4111.08.  Every employer subject to sections 4111.01 to	218
4111.17 of the Revised Code, or to any rule adopted thereunder,	219
shall make and keep for a period of not less than three years a	220
record of the name, address, and occupation of each of the	221
employer's employees, the rate of pay and the amount paid each pay	222
period to each employee, the hours worked each day and each work	223
week by the employee, and other information as the director of	224
commerce prescribes by rule as necessary or appropriate for the	225
enforcement of sections 4111.01 to 4111.17 of the Revised Code, or	226
of the rules thereunder. Records may be opened for inspection or	227
copying by the director at any reasonable time. Any records an	228
employer creates on or before December 31, 2006, shall be created	229
and maintained in accordance with this section.	230

Sec. 4111.09.  Every employer subject to sections 4111.01 to	231
4111.17 of the Revised Code, or to any rules issued thereunder,	232
shall keep a summary of the sections, approved by the director of	233
commerce, and copies of any applicable rules issued thereunder, or	234
a summary of the rules, posted in a conspicuous and accessible	235
place in or about the premises wherein any person subject thereto	236
is employed. The director of commerce shall make the summary	237
described in this section available on the web site of the	238
department of commerce. The director shall update this summary as	239
necessary, but not less than annually, in order to reflect changes	240
in the minimum wage rate as required under Section 34a of Article	241
II, Ohio Constitution. Employees and employers shall be furnished	242
copies of the summaries and rules by the state, on request,	243
without charge.	244

Sec. 4111.10.  (A) Any employer who pays any employee less	245
than wages to which the employee is entitled under sections	246
4111.01 to 4111.17section 4111.03 of the Revised Code, is liable	247
to the employee affected for the full amount of the overtime wage	248
rate, less any amount actually paid to the employee by the	249
employer, and for costs and reasonable attorney's fees as may be	250
allowed by the court. Any agreement between the employee and the	251
employer to work for less than the overtime wage rate is no	252
defense to an action.	253

(B) At the written request of any employee paid less than the	254
wages to which the employee is entitled under sections 4111.01 to	255
4111.17section 4111.03 of the Revised Code, the director of	256
commerce may take an assignment of a wage claim in trust for the	257
assigning employee and may bring any legal action necessary to	258
collect the claim. The employer shall pay the costs and reasonable	259
attorney's fees allowed by the court.	260

Sec. 4111.14. (A) Pursuant to the general assembly's	261
authority to establish a minimum wage under Section 34 of Article	262
II, Ohio Constitution, this section is in implementation of	263
Section 34a of Article II, Ohio Constitution. In implementing	264
Section 34a of Article II, Ohio Constitution, the general assembly	265
hereby finds that the purpose of Section 34a of Article II, Ohio	266
Constitution is to:	267

(1) Ensure that Ohio employees, as defined in division (B)(1)	268
of this section, are paid the wage rate required by Section 34a of	269
Article II, Ohio Constitution;	270

(2) Ensure that covered Ohio employers maintain certain	271
records that are directly related to the enforcement of the wage	272
rate requirements in Section 34a of Article II, Ohio Constitution;	273

(3) Ensure that Ohio employees who are paid the wage rate	274
required by Section 34a of Article II, Ohio Constitution may	275
enforce their right to receive that wage rate in the manner set	276
forth in Section 34a of Article II, Ohio Constitution; and	277

(4) Protect the privacy of Ohio employees' pay and personal	278
information specified in Section 34a of Article II, Ohio	279
Constitution by restricting an employee's access, and access by a	280
person acting on behalf of that employee, to the employee's own	281
pay and personal information.	282

(B) In accordance with Section 34a of Article II, Ohio	283
Constitution, the terms "employer," "employee," "employ,"	284
"person," and "independent contractor" have the same meanings as	285
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	286
U.S.C. 203, as amended. In construing the meaning of these terms,	287
due consideration and great weight shall be given to the United	288
States department of labor's and federal courts' interpretations	289
of those terms under the Fair Labor Standards Act and its	290
regulations. As used in division (B) of this section:	291

(1) "Employee" means individuals employed in Ohio, but does	292
not mean individuals who are excluded from the definition of	293
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	294
from the minimum wage requirements in 29 U.S.C. 213 and from the	295
definition of "employee" in this chapter.	296

(2) "Employ" and "employee" do not include any person acting	297
as a volunteer. In construing who is a volunteer, "volunteer"	298
shall have the same meaning as in sections 553.101 to 553.106 of	299
Title 29 of the Code of Federal Regulations, as amended, and due	300
consideration and great weight shall be given to the United States	301
department of labor's and federal courts' interpretations of the	302
term "volunteer" under the Fair Labor Standards Act and its	303
regulations.	304

(C) In accordance with Section 34a of Article II, Ohio	305
Constitution, the state may issue licenses to employers who are	306
not subject to the Fair Labor Standards Act authorizing payment of	307
a wage below that required by Section 34a of Article II, Ohio	308
Constitution to individuals with mental or physical disabilities	309
that may otherwise adversely affect their opportunity for	310
employment. In issuing such licenses, the state shall abide by the	311
rules adopted pursuant to section 4111.06 of the Revised Code.	312

(D) In accordance with Section 34a of Article II, Ohio	313
Constitution, individuals employed in or about the property of an	314
employer or an individual's residence on a casual basis are not	315
included within the coverage of Section 34a of Article II, Ohio	316
Constitution. As used in division (D) of this section:	317

(1) "Casual basis" means employment that is irregular or	318
intermittent and that is not performed by an individual whose	319
vocation is to be employed in or about the property of the	320
employer or individual's residence. In construing who is employed	321
on a "casual basis," due consideration and great weight shall be	322
given to the United States department of labor's and federal	323
courts' interpretations of the term "casual basis" under the Fair	324
Labor Standards Act and its regulations.	325

(2) "An individual employed in or about the property of an	326
employer or individual's residence" means an individual employed	327
on a casual basis or an individual employed in or about a	328
residence on a casual basis, respectively.	329

(E) In accordance with Section 34a of Article II, Ohio	330
Constitution, an employer shall at the time of hire provide an	331
employee with the employer's name, address, telephone number, and	332
other contact information and update such information when it	333
changes. As used in division (E) of this section:	334

(1) "Other contact information" may include, where	335
applicable, the address of the employer's internet site on the	336
world wide web, the employer's electronic mail address, fax	337
number, or the name, address, and telephone number of the	338
employer's statutory agent. "Other contact information" does not	339
include the name, address, telephone number, fax number, internet	340
site address, or electronic mail address of any employee,	341
shareholder, officer, director, supervisor, manager, or other	342
individual employed by or associated with an employer.	343

(2) "When it changes" means that the employer shall provide	344
its employees with the change in its name, address, telephone	345
number, or other contact information within sixty business days	346
after the change occurs. The employer shall provide the changed	347
information by using any of its usual methods of communicating	348
with its employees, including, but not limited to, listing the	349
change on the employer's internet site on the world wide web,	350
internal computer network, or a bulletin board where it commonly	351
posts employee communications or by insertion or inclusion with	352
employees' paychecks or pay stubs.	353

(F) In accordance with Section 34a of Article II, Ohio	354
Constitution, an employer shall maintain a record of the name,	355
address, occupation, pay rate, hours worked for each day worked,	356
and each amount paid an employee for a period of not less than	357
three years following the last date the employee was employed by	358
that employer. As used in division (F) of this section:	359

(1) "Address" means an employee's home address as maintained	360
in the employer's personnel file or personnel database for that	361
employee.	362

(2)(a) With respect to employees who are not exempt from the	363
overtime pay requirements of the Fair Labor Standards Act or this	364
chapter, "pay rate" means an employee's base rate of pay.	365

(b) With respect to employees who are exempt from the	366
overtime pay requirements of the Fair Labor Standards Act or this	367
chapter, "pay rate" means an employee's annual base salary or	368
other rate of pay by which the particular employee qualifies for	369
that exemption under the Fair Labor Standards Act or this chapter,	370
but does not include bonuses, stock options, incentives, deferred	371
compensation, or any other similar form of compensation.	372

(3) "Record" means the name, address, occupation, pay rate,	373
hours worked for each day worked, and each amount paid an employee	374
in one or more documents, databases, or other paper or electronic	375
forms of record-keeping maintained by an employer. No one	376
particular method or form of maintaining such a record or records	377
is required under this division. An employer is not required to	378
create or maintain a single record containing only the employee's	379
name, address, occupation, pay rate, hours worked for each day	380
worked, and each amount paid an employee. An employer shall	381
maintain a record or records from which the employee or person	382
acting on behalf of that employee could reasonably review the	383
information requested by the employee or person.	384

An employer is not required to maintain the records specified	385
in division (F)(3) of this section for any period before January	386
1, 2007. On and after January 1, 2007, the employer shall maintain	387
the records required by division (F)(3) of this section for three	388
years from the date the hours were worked by the employee.	389

(4)(a) With respect to employees who are not employed as	390
outside salespersons compensated by commissions or employed in a	391
bona fide executive, administrative, or professional capacity as	392
such terms are defined in the Fair Labor Standards Act or its	393
regulations, "hours worked for each day worked" means the total	394
amount of time worked by an employee in whatever increments the	395
employer uses for its payroll purposes during a day worked by the	396
employee. An employer is not required to keep a record of the time	397
of day an employee begins and ends work on any given day. As used	398
in division (F)(4) of this section, "day" means a fixed period of	399
twenty-four consecutive hours during which an employee performs	400
work for an employer.	401

(b) An employer is not required to keep records of "hours	402
worked for each day worked" for employees who are employed as	403
outside salespersons compensated by commissions or employed in a	404
bona fide executive, administrative, or professional capacity as	405
such terms are defined in the Fair Labor Standards Act or its	406
regulations.	407

(5) "Each amount paid an employee" means the total gross	408
wages paid to an employee for each pay period. As used in division	409
(F)(5) of this section, "pay period" means the period of time	410
designated by an employer to pay an employee the employee's gross	411
wages in accordance with the employer's payroll practices under	412
section 4113.15 of the Revised Code.	413

(G) In accordance with Section 34a of Article II, Ohio	414
Constitution, an employer must provide such information without	415
charge to an employee or person acting on behalf of an employee	416
upon request. As used in division (G) of this section:	417

(1) "Such information" means the name, address, occupation,	418
pay rate, hours worked for each day worked, and each amount paid	419
for the specific employee who has requested that specific	420
employee's own information and does not include the name, address,	421
occupation, pay rate, hours worked for each day worked, or each	422
amount paid of any other employee of the employer. "Such	423
information" does not include hours worked for each day worked by	424
employees employed as outside salespersons compensated by	425
commissions or employed in a bona fide executive, administrative,	426
or professional capacity as such terms are defined in the Fair	427
Labor Standards Act and its regulations.	428

(2) "Acting on behalf of an employee" means a person acting	429
on behalf of an employee as any of the following:	430

(a) The certified or legally recognized collective bargaining	431
representative for that employee under the applicable federal law	432
or Chapter 4117. of the Revised Code;	433

(b) The employee's attorney;

434

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

435

A person "acting on behalf of an employee" must be	436
specifically authorized by an employee in order to make a request	437
for that employee's own name, address, occupation, pay rate, hours	438
worked for each day worked, and each amount paid to that employee.	439

(3) "Provide" means that an employer shall provide the	440
requested information within thirty business days after the date	441
the employer receives the request, unless either of the following	442
occurs:	443

(a) The employer and the employee or person acting on behalf	444
of the employee agree to some alternative time period for	445
providing the information.	446

(b) The thirty-day period would cause a hardship on the	447
employer under the circumstances, in which case the employer must	448
provide the requested information as soon as practicable.	449

(4) A "request" made by an employee or a person acting on	450
behalf of an employee means a request by an employee or a person	451
acting on behalf of an employee for the employee's own	452
information. The employer may require that the employee provide	453
the employer with a written request that has been signed by the	454
employee and notarized and that reasonably specifies the	455
particular information being requested. The employer may require	456
that the person acting on behalf of an employee provide the	457
employer with a written request that has been signed by the	458
employee whose information is being requested and notarized and	459
that reasonably specifies the particular information being	460
requested.	461

(H) In accordance with Section 34a of Article II, Ohio	462
Constitution, an employee, person acting on behalf of one or more	463
employees, and any other interested party may file a complaint	464
with the state for a violation of any provision of Section 34a of	465
Article II, Ohio Constitution or any law or regulation	466
implementing its provisions. Such complaint shall be promptly	467
investigated and resolved by the state. The employee's name shall	468
be kept confidential unless disclosure is necessary to resolution	469
of a complaint and the employee consents to disclosure. As used in	470
division (H) of this section:	471

(1) "Complaint" means a complaint of an alleged violation	472
pertaining to harm suffered by the employee filing the complaint,	473
by a person acting on behalf of one or more employees, or by an	474
interested party.	475

(2) "Acting on behalf of one or more employees" has the same	476
meaning as "acting on behalf of an employee" in division (G)(2) of	477
this section. Each employee must provide a separate written and	478
notarized authorization before the person acting on that	479
employee's or those employees' behalf may request the name,	480
address, occupation, pay rate, hours worked for each day worked,	481
and each amount paid for the particular employee.	482

(3) "Interested party" means a party who alleges to be	483
injured by the alleged violation and who has standing to file a	484
complaint under common law principles of standing.	485

(4) "Resolved by the state" means that the complaint has been	486
resolved to the satisfaction of the state.	487

(5) "Shall be kept confidential" means that the state shall	488
keep the name of the employee confidential as required by division	489
(H) of this section.	490

(I) In accordance with Section 34a of Article II, Ohio	491
Constitution, the state may on its own initiative investigate an	492
employer's compliance with Section 34a of Article II, Ohio	493
Constitution and any law or regulation implementing Section 34a of	494
Article II, Ohio Constitution. The employer shall make available	495
to the state any records related to such investigation and other	496
information required for enforcement of Section 34a of Article II,	497
Ohio Constitution or any law or regulation implementing Section	498
34a of Article II, Ohio Constitution. The state shall investigate	499
an employer's compliance with this section in accordance with the	500
procedures described in section 4111.04 of the Revised Code. All	501
records and information related to investigations by the state are	502
confidential and are not a public record subject to section 149.43	503
of the Revised Code. This division does not prevent the state from	504
releasing to or exchanging with other state and federal wage and	505
hour regulatory authorities information related to investigations.	506

(J) In accordance with Section 34a of Article II, Ohio	507
Constitution, damages shall be calculated as an additional two	508
times the amount of the back wages and in the case of a violation	509
of an anti-retaliation provision an amount set by the state or	510
court sufficient to compensate the employee and deter future	511
violations, but not less than one hundred fifty dollars for each	512
day that the violation continued. The "not less than one hundred	513
fifty dollar" penalty specified in division (J) of this section	514
shall be imposed only for violations of the anti-retaliation	515
provision in Section 34a of Article II, Ohio Constitution.	516

(K) In accordance with Section 34a of Article II, Ohio	517
Constitution, an action for equitable and monetary relief may be	518
brought against an employer by the attorney general and/or an	519
employee or person acting on behalf of an employee or all	520
similarly situated employees in any court of competent	521
jurisdiction, including the court of common pleas of an employee's	522
county of residence, for any violation of Section 34a of Article	523
II, Ohio Constitution or any law or regulation implementing its	524
provisions within three years of the violation or of when the	525
violation ceased if it was of a continuing nature, or within one	526
year after notification to the employee of final disposition by	527
the state of a complaint for the same violation, whichever is	528
later.	529

(1) As used in division (K) of this section, "notification"	530
means the date on which the notice was sent to the employee by the	531
state.	532

(2) No employee shall join as a party plaintiff in any civil	533
action that is brought under division (K) of this section by an	534
employee, person acting on behalf of an employee, or person acting	535
on behalf of all similarly situated employees unless that employee	536
first gives written consent to become such a party plaintiff and	537
that consent is filed with the court in which the action is	538
brought.	539

(3) A civil action regarding an alleged violation of this	540
section shall be maintained only under division (K) of this	541
section. This division does not preclude the joinder in a single	542
civil action of an action under this division and an action under	543
section 4111.10 of the Revised Code.	544

(L) In accordance with Section 34a of Article II, Ohio	545
Constitution, there shall be no exhaustion requirement, no	546
procedural, pleading, or burden of proof requirements beyond those	547
that apply generally to civil suits in order to maintain such	548
action and no liability for costs or attorney's fees on an	549
employee except upon a finding that such action was frivolous in	550
accordance with the same standards that apply generally in civil	551
suits. Nothing in division (L) of this section affects the right	552
of an employer and employee to agree to submit a dispute under	553
this section to alternative dispute resolution, including, but not	554
limited to, arbitration, in lieu of maintaining the civil suit	555
specified in division (K) of this section. Nothing in this	556
division limits the state's ability to investigate or enforce this	557
section.	558

(M) An employer who provides such information specified in	559
Section 34a of Article II, Ohio Constitution, shall be immune from	560
any civil liability for injury, death, or loss to person or	561
property that otherwise might be incurred or imposed as a result	562
of providing that information to an employee or person acting on	563
behalf of an employee in response to a request by the employee or	564
person, and the employer shall not be subject to the provisions of	565
Chapters 1347. and 1349. of the Revised Code to the extent that	566
such provisions would otherwise apply. As used in division (M) of	567
this section, "such information," "acting on behalf of an	568
employee," and "request" have the same meanings as in division (G)	569
of this section.	570

(N) As used in this section, "the state" means the director	571
of commerce.	572

Section 2.  That existing sections 4111.01, 4111.02, 4111.03,	573
4111.04, 4111.08, 4111.09, and 4111.10 of the Revised Code are	574
hereby repealed.	575

Section 3. Section 4111.08 of the Revised Code is hereby	576
repealed, effective January 1, 2010.	577

Section 4. (A) The General Assembly, by enacting this act,	578
intends to implement the Ohio Fair Minimum Wage Amendment in the	579
manner in which the proponents of the Amendment described it to	580
Ohio voters during the campaigns for the General Election on	581
November 7, 2006. (B) The proponents of the Ohio Fair Minimum Wage	582
Amendment issued campaign materials, one of which was entitled	583
"Fact vs. Fiction: Minimum Wage Opponents Shamelessly Distort	584
Facts to Deny Low-Wage Workers a Raise," published by Ohioans for	585
a Fair Minimum Wage, that stated all of the following upon which	586
Ohio voters relied to be honest and accurate:	587

(1) The Amendment defines "employer," "employee," and	588
"employ" as having the same meanings as under the federal Fair	589
Labor Standards Act. Clear definitions for terms such as "employ"	590
and "casual basis" will not necessitate litigation to clarify	591
their meanings because those terms have been established by	592
federal regulations, well settled case law, or both.	593

(2) By referencing the federal minimum wage law directly, the	594
Amendment ensures that the Ohio law tracks the federal minimum	595
wage requirements with respect to individuals who volunteer their	596
time.	597

(3) The Amendment does not threaten employees' privacy	598
because employees may seek access only to their own payroll	599
records.	600

(4) The Amendment allows an employer to take reasonable steps	601
to verify that a person does in fact represent the employee.	602

(5) Employment law experts explain that state authorities in	603
Ohio will undoubtedly interpret the parallel language in the	604
Amendment in the same manner as the federal Department of Labor,	605
clarifying that employers need not keep irrelevant records for	606
non-hourly employees.	607

(C) The General Assembly enacts this act according to the	608
proponents' campaign materials and pursuant to the authority	609
vested in the General Assembly by the following constitutional	610
provisions:	611

(1) Section 34a of Article II, Ohio Constitution, which	612
states that "laws may be passed to implement its provisions. . .."	613

(2) Section 34 of Article II, Ohio Constitution, which states	614
that "laws may be passed fixing and regulating the hours of labor,	615
establishing a minimum wage, and providing for the comfort,	616
health, safety and general welfare of all employees; and no other	617
provision of the constitution shall impair or limit this power,"	618
which Section 34a of Article II, Ohio Constitution, made no	619
attempt to amend, repeal, or otherwise modify.	620

Section 5.  This act is hereby declared to be an emergency	621
measure necessary for the immediate preservation of the public	622
peace, health, and safety. The reason for the necessity is that	623
immediate action is necessary to ensure the timely and proper	624
implementation of Section 34a of Article II, Ohio Constitution,	625
described in Section 1 of this act. Therefore, this act shall go	626
into immediate effect.	627

Section 6.  If any item of law that constitutes the whole or	628
part of a codified or uncodified section of law contained in this	629
act, or if any application of any item of law that constitutes the	630
whole or part of a codified or uncodified section of law contained	631
in this act, is held invalid, the invalidity does not affect other	632
items of law or applications of items of law that can be given	633
effect without the invalid item of law or application. To this	634
end, the items of law of which the codified and uncodified	635
sections of law contained in this act are composed, and their	636
applications, are independent and severable.	637