As Reported by the Senate Insurance, Commerce and Labor Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 690

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

Senator Cates 

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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 further amend section 4111.08 of

5

the Revised Code on January 1, 2010, to apply

6

certain record-keeping provisions only to

7

employers subject to Ohio's overtime law.

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

As used in this section, "employee" has the same meaning as	111
in section 4111.14 of the Revised Code.	112

Sec. 4111.03.  (A) An employer shall pay an employee for	113
overtime at a wage rate of one and one-half times the employee's	114
wage rate for hours worked in excess of forty hours in one	115
workweek, in the manner and methods provided in and subject to the	116
exemptions of section 7 and section 13 of the "Fair Labor	117
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as	118
amended.	119

Any employee employed in agriculture shall not be covered by	120
the overtime provision of this section.	121

(B) For the purposes of this section, the number of hours	122
worked by a county employee in any one workweek shall be deemed to	123
include, in addition to hours actually worked, all periods in an	124
active pay status.	125

(C) If a county employee elects to take compensatory time off	126
in lieu of overtime pay, for any overtime worked, such	127
compensatory time may be granted by the employee's administrative	128
superior, on a time and one-half basis, at a time mutually	129
convenient to the employee and the administrative superior within	130
one hundred eighty days after the overtime is worked.	131

(D) A county appointing authority with the exception of the	132
county department of job and family services may, by rule or	133
resolution as is appropriate, indicate the authority's intention	134
not to be bound by division (B) or (C) of this section, and to	135
adopt a different policy for the calculation and payment of	136
overtime that is embodied in those divisions. Upon adoption, the	137
alternative policy prevails. Prior to the adoption of an	138
alternative overtime policy, the county appointing authority with	139
the exception of the county department of job and family services	140
shall give a written notice of the alternative policy to each	141
employee at least ten days prior to the effective date of the	142
policy.	143

(E) As used in this section:

144

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

145

(2) "Employer" means the state of Ohio, its	146
instrumentalities, and its political subdivisions and their	147
instrumentalities, any individual, partnership, association,	148
corporation, business trust, or any person or group of persons,	149
acting in the interest of an employer in relation to an employee,	150
but does not include an employer whose annual gross volume of	151
sales made for business done is less than one hundred fifty	152
thousand dollars, exclusive of excise taxes at the retail level	153
which are separately stated.	154

(3) "Employee" means any individual employed by an employer	155
but does not include:	156

(a) Any individual employed by the United States;

157

(b) Any individual employed as a baby-sitter in the	158
employer's home, or a live-in companion to a sick, convalescing,	159
or elderly person whose principal duties do not include	160
housekeeping;	161

(c) Any individual engaged in the delivery of newspapers to	162
the consumer;	163

(d) Any individual employed as an outside salesperson	164
compensated by commissions or employed in a bona fide executive,	165
administrative, or professional capacity as such terms are defined	166
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	167
U.S.C.A. 201, as amended;	168

(e) Any individual who works or provides personal services of	169
a charitable nature in a hospital or health institution for which	170
compensation is not sought or contemplated;	171

(f) A member of a police or fire protection agency or student	172
employed on a part-time or seasonal basis by a political	173
subdivision of this state;	174

(g) Any individual in the employ of a camp or recreational	175
area for children under eighteen years of age and owned and	176
operated by a nonprofit organization or group of organizations	177
described in Section 501 (c)(3) of the "Internal Revenue Code of	178
1954," and exempt from income tax under Section 501 (a) of that	179
code;	180

(h) Any individual employed directly by the house of	181
representatives or directly by the senate.	182

Sec. 4111.04.  The director of commerce may:

183

(A) Investigate and ascertain the wages of persons employed	184
in any occupation in the state;	185

(B) Enter and inspect the place of business or employment of	186
any employer for the purpose of inspecting any books, registers,	187
payrolls, or other records of the employer that in any way relate	188
to the question of wages, hours, and other conditions of	189
employment of any employees, and may question the employees for	190
the purpose of ascertaining whether sections 4111.01 to 4111.17 of	191
the Revised Code, and the rules adopted thereunder, have been and	192
are being obeyed. In conducting an inspection of the records of an	193
employer, the director shall make every effort to coordinate the	194
inspection with those conducted by the federal agency responsible	195
for enforcement of the "Fair Labor Standards Act of 1938," 52	196
Stat. 1060, 29 U.S.C.A. 201, as amended. If the federal agency has	197
completed an audit or examination of the employer's records within	198
the sixty days prior to the date the director notifies the	199
employer of the director's intent to examine the employer's	200
records, the director shall accept in lieu of the director's own	201
inspection, a report from the federal agency that the employer is	202
in compliance with the federal act, unless the director has	203
reasonable grounds for believing that the report is inaccurate or	204
incomplete for the purposes of sections 4111.01 to 4111.13 of the	205
Revised Code, or that events occurring since the audit give the	206
director reasonable grounds for believing that a violation of	207
sections 4111.01 to 4111.13 of the Revised Code has occurred.	208

(C) In the event the director is prohibited by any employer	209
from carrying out the intent of this section, the director may	210
apply to any court of common pleas having jurisdiction of that	211
employer or the place of employment underissue subpoenas and	212
compel attendance of witnesses and production of papers, books,	213
accounts, payrolls, documents, records, and testimony relating and	214
relevant to the director's investigation, for an order directing	215
compliance with this section. Failure of the employer to obey the	216
order of the court may be punished by said court as a contempt	217
thereof.	218

Sec. 4111.08.  Every employer subject to sections 4111.01 to	219
4111.17 of the Revised Code, or to any rule adopted thereunder,	220
shall make and keep for a period of not less than three years a	221
record of the name, address, and occupation of each of the	222
employer's employees, the rate of pay and the amount paid each pay	223
period to each employee, the hours worked each day and each work	224
week by the employee, and other information as the director of	225
commerce prescribes by rule as necessary or appropriate for the	226
enforcement of sections 4111.01 to 4111.17 of the Revised Code, or	227
of the rules thereunder. Records may be opened for inspection or	228
copying by the director at any reasonable time. Any records an	229
employer creates on or before December 31, 2006, shall be created	230
and maintained in accordance with this section.	231

Sec. 4111.09.  Every employer subject to sections 4111.01 to	232
4111.17 of the Revised Code, or to any rules issued thereunder,	233
shall keep a summary of the sections, approved by the director of	234
commerce, and copies of any applicable rules issued thereunder, or	235
a summary of the rules, posted in a conspicuous and accessible	236
place in or about the premises wherein any person subject thereto	237
is employed. The director of commerce shall make the summary	238
described in this section available on the web site of the	239
department of commerce. The director shall update this summary as	240
necessary, but not less than annually, in order to reflect changes	241
in the minimum wage rate as required under Section 34a of Article	242
II, Ohio Constitution. Employees and employers shall be furnished	243
copies of the summaries and rules by the state, on request,	244
without charge.	245

Sec. 4111.10.  (A) Any employer who pays any employee less	246
than wages to which the employee is entitled under sections	247
4111.01 to 4111.17section 4111.03 of the Revised Code, is liable	248
to the employee affected for the full amount of the overtime wage	249
rate, less any amount actually paid to the employee by the	250
employer, and for costs and reasonable attorney's fees as may be	251
allowed by the court. Any agreement between the employee and the	252
employer to work for less than the overtime wage rate is no	253
defense to an action.	254

(B) At the written request of any employee paid less than the	255
wages to which the employee is entitled under sections 4111.01 to	256
4111.17section 4111.03 of the Revised Code, the director of	257
commerce may take an assignment of a wage claim in trust for the	258
assigning employee and may bring any legal action necessary to	259
collect the claim. The employer shall pay the costs and reasonable	260
attorney's fees allowed by the court.	261

Sec. 4111.14. (A) Pursuant to the general assembly's	262
authority to establish a minimum wage under Section 34 of Article	263
II, Ohio Constitution, this section is in implementation of	264
Section 34a of Article II, Ohio Constitution. In implementing	265
Section 34a of Article II, Ohio Constitution, the general assembly	266
hereby finds that the purpose of Section 34a of Article II, Ohio	267
Constitution is to:	268

(1) Ensure that Ohio employees, as defined in division (B)(1)	269
of this section, are paid the wage rate required by Section 34a of	270
Article II, Ohio Constitution;	271

(2) Ensure that covered Ohio employers maintain certain	272
records that are directly related to the enforcement of the wage	273
rate requirements in Section 34a of Article II, Ohio Constitution;	274

(3) Ensure that Ohio employees who are paid the wage rate	275
required by Section 34a of Article II, Ohio Constitution may	276
enforce their right to receive that wage rate in the manner set	277
forth in Section 34a of Article II, Ohio Constitution; and	278

(4) Protect the privacy of Ohio employees' pay and personal	279
information specified in Section 34a of Article II, Ohio	280
Constitution by restricting an employee's access, and access by a	281
person acting on behalf of that employee, to the employee's own	282
pay and personal information.	283

(B) In accordance with Section 34a of Article II, Ohio	284
Constitution, the terms "employer," "employee," "employ,"	285
"person," and "independent contractor" have the same meanings as	286
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	287
U.S.C. 203, as amended. In construing the meaning of these terms,	288
due consideration and great weight shall be given to the United	289
States department of labor's and federal courts' interpretations	290
of those terms under the Fair Labor Standards Act and its	291
regulations. As used in division (B) of this section:	292

(1) "Employee" means individuals employed in Ohio, but does	293
not mean individuals who are excluded from the definition of	294
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	295
from the minimum wage requirements in 29 U.S.C. 213 and from the	296
definition of "employee" in this chapter.	297

(2) "Employ" and "employee" do not include any person acting	298
as a volunteer. In construing who is a volunteer, "volunteer"	299
shall have the same meaning as in sections 553.101 to 553.106 of	300
Title 29 of the Code of Federal Regulations, as amended, and due	301
consideration and great weight shall be given to the United States	302
department of labor's and federal courts' interpretations of the	303
term "volunteer" under the Fair Labor Standards Act and its	304
regulations.	305

(C) In accordance with Section 34a of Article II, Ohio	306
Constitution, the state may issue licenses to employers	307
authorizing payment of a wage below that required by Section 34a	308
of Article II, Ohio Constitution to individuals with mental or	309
physical disabilities that may otherwise adversely affect their	310
opportunity for employment. In issuing such licenses, the state	311
shall abide by the rules adopted pursuant to section 4111.06 of	312
the Revised Code.	313

(D)(1) In accordance with Section 34a of Article II, Ohio	314
Constitution, individuals employed in or about the property of an	315
employer or an individual's residence on a casual basis are not	316
included within the coverage of Section 34a of Article II, Ohio	317
Constitution. As used in division (D) of this section:	318

(a) "Casual basis" means employment that is irregular or	319
intermittent and that is not performed by an individual whose	320
vocation is to be employed in or about the property of the	321
employer or individual's residence. In construing who is employed	322
on a "casual basis," due consideration and great weight shall be	323
given to the United States department of labor's and federal	324
courts' interpretations of the term "casual basis" under the Fair	325
Labor Standards Act and its regulations.	326

(b) "An individual employed in or about the property of an	327
employer or individual's residence" means an individual employed	328
on a casual basis or an individual employed in or about a	329
residence on a casual basis, respectively.	330

(2) In accordance with Section 34a of Article II, Ohio	331
Constitution, employees of a solely family-owned and operated	332
business who are family members of an owner are not included	333
within the coverage of Section 34a of Article II, Ohio	334
Constitution. As used in division (D)(2) of this section, "family	335
member" means a parent, spouse, child, stepchild, sibling,	336
grandparent, grandchild, or other member of an owner's immediate	337
family.	338

(E) In accordance with Section 34a of Article II, Ohio	339
Constitution, an employer shall at the time of hire provide an	340
employee with the employer's name, address, telephone number, and	341
other contact information and update such information when it	342
changes. As used in division (E) of this section:	343

(1) "Other contact information" may include, where	344
applicable, the address of the employer's internet site on the	345
world wide web, the employer's electronic mail address, fax	346
number, or the name, address, and telephone number of the	347
employer's statutory agent. "Other contact information" does not	348
include the name, address, telephone number, fax number, internet	349
site address, or electronic mail address of any employee,	350
shareholder, officer, director, supervisor, manager, or other	351
individual employed by or associated with an employer.	352

(2) "When it changes" means that the employer shall provide	353
its employees with the change in its name, address, telephone	354
number, or other contact information within sixty business days	355
after the change occurs. The employer shall provide the changed	356
information by using any of its usual methods of communicating	357
with its employees, including, but not limited to, listing the	358
change on the employer's internet site on the world wide web,	359
internal computer network, or a bulletin board where it commonly	360
posts employee communications or by insertion or inclusion with	361
employees' paychecks or pay stubs.	362

(F) In accordance with Section 34a of Article II, Ohio	363
Constitution, an employer shall maintain a record of the name,	364
address, occupation, pay rate, hours worked for each day worked,	365
and each amount paid an employee for a period of not less than	366
three years following the last date the employee was employed by	367
that employer. As used in division (F) of this section:	368

(1) "Address" means an employee's home address as maintained	369
in the employer's personnel file or personnel database for that	370
employee.	371

(2)(a) With respect to employees who are not exempt from the	372
overtime pay requirements of the Fair Labor Standards Act or this	373
chapter, "pay rate" means an employee's base rate of pay.	374

(b) With respect to employees who are exempt from the	375
overtime pay requirements of the Fair Labor Standards Act or this	376
chapter, "pay rate" means an employee's annual base salary or	377
other rate of pay by which the particular employee qualifies for	378
that exemption under the Fair Labor Standards Act or this chapter,	379
but does not include bonuses, stock options, incentives, deferred	380
compensation, or any other similar form of compensation.	381

(3) "Record" means the name, address, occupation, pay rate,	382
hours worked for each day worked, and each amount paid an employee	383
in one or more documents, databases, or other paper or electronic	384
forms of record-keeping maintained by an employer. No one	385
particular method or form of maintaining such a record or records	386
is required under this division. An employer is not required to	387
create or maintain a single record containing only the employee's	388
name, address, occupation, pay rate, hours worked for each day	389
worked, and each amount paid an employee. An employer shall	390
maintain a record or records from which the employee or person	391
acting on behalf of that employee could reasonably review the	392
information requested by the employee or person.	393

An employer is not required to maintain the records specified	394
in division (F)(3) of this section for any period before January	395
1, 2007. On and after January 1, 2007, the employer shall maintain	396
the records required by division (F)(3) of this section for three	397
years from the date the hours were worked by the employee and for	398
three years after the date the employee's employment ends.	399

(4)(a) Except for individuals specified in division (F)(4)(b)	400
of this section, "hours worked for each day worked" means the	401
total amount of time worked by an employee in whatever increments	402
the employer uses for its payroll purposes during a day worked by	403
the employee. An employer is not required to keep a record of the	404
time of day an employee begins and ends work on any given day. As	405
used in division (F)(4) of this section, "day" means a fixed	406
period of twenty-four consecutive hours during which an employee	407
performs work for an employer.	408

(b) An employer is not required to keep records of "hours	409
worked for each day worked" for individuals for whom the employer	410
is not required to keep those records under the Fair Labor	411
Standards Act and its regulations or individuals who are not	412
subject to the overtime pay requirements specified in section	413
4111.03 of the Revised Code.	414

(5) "Each amount paid an employee" means the total gross	415
wages paid to an employee for each pay period. As used in division	416
(F)(5) of this section, "pay period" means the period of time	417
designated by an employer to pay an employee the employee's gross	418
wages in accordance with the employer's payroll practices under	419
section 4113.15 of the Revised Code.	420

(G) In accordance with Section 34a of Article II, Ohio	421
Constitution, an employer must provide such information without	422
charge to an employee or person acting on behalf of an employee	423
upon request. As used in division (G) of this section:	424

(1) "Such information" means the name, address, occupation,	425
pay rate, hours worked for each day worked, and each amount paid	426
for the specific employee who has requested that specific	427
employee's own information and does not include the name, address,	428
occupation, pay rate, hours worked for each day worked, or each	429
amount paid of any other employee of the employer. "Such	430
information" does not include hours worked for each day worked by	431
employees employed as outside salespersons compensated by	432
commissions or employed in a bona fide executive, administrative,	433
or professional capacity as such terms are defined in the Fair	434
Labor Standards Act and its regulations.	435

(2) "Acting on behalf of an employee" means a person acting	436
on behalf of an employee as any of the following:	437

(a) The certified or legally recognized collective bargaining	438
representative for that employee under the applicable federal law	439
or Chapter 4117. of the Revised Code;	440

(b) The employee's attorney;

441

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

442

A person "acting on behalf of an employee" must be	443
specifically authorized by an employee in order to make a request	444
for that employee's own name, address, occupation, pay rate, hours	445
worked for each day worked, and each amount paid to that employee.	446

(3) "Provide" means that an employer shall provide the	447
requested information within thirty business days after the date	448
the employer receives the request, unless either of the following	449
occurs:	450

(a) The employer and the employee or person acting on behalf	451
of the employee agree to some alternative time period for	452
providing the information.	453

(b) The thirty-day period would cause a hardship on the	454
employer under the circumstances, in which case the employer must	455
provide the requested information as soon as practicable.	456

(4) A "request" made by an employee or a person acting on	457
behalf of an employee means a request by an employee or a person	458
acting on behalf of an employee for the employee's own	459
information. The employer may require that the employee provide	460
the employer with a written request that has been signed by the	461
employee and notarized and that reasonably specifies the	462
particular information being requested. The employer may require	463
that the person acting on behalf of an employee provide the	464
employer with a written request that has been signed by the	465
employee whose information is being requested and notarized and	466
that reasonably specifies the particular information being	467
requested.	468

(H) In accordance with Section 34a of Article II, Ohio	469
Constitution, an employee, person acting on behalf of one or more	470
employees, and any other interested party may file a complaint	471
with the state for a violation of any provision of Section 34a of	472
Article II, Ohio Constitution or any law or regulation	473
implementing its provisions. Such complaint shall be promptly	474
investigated and resolved by the state. The employee's name shall	475
be kept confidential unless disclosure is necessary to resolution	476
of a complaint and the employee consents to disclosure. As used in	477
division (H) of this section:	478

(1) "Complaint" means a complaint of an alleged violation	479
pertaining to harm suffered by the employee filing the complaint,	480
by a person acting on behalf of one or more employees, or by an	481
interested party.	482

(2) "Acting on behalf of one or more employees" has the same	483
meaning as "acting on behalf of an employee" in division (G)(2) of	484
this section. Each employee must provide a separate written and	485
notarized authorization before the person acting on that	486
employee's or those employees' behalf may request the name,	487
address, occupation, pay rate, hours worked for each day worked,	488
and each amount paid for the particular employee.	489

(3) "Interested party" means a party who alleges to be	490
injured by the alleged violation and who has standing to file a	491
complaint under common law principles of standing.	492

(4) "Resolved by the state" means that the complaint has been	493
resolved to the satisfaction of the state.	494

(5) "Shall be kept confidential" means that the state shall	495
keep the name of the employee confidential as required by division	496
(H) of this section.	497

(I) In accordance with Section 34a of Article II, Ohio	498
Constitution, the state may on its own initiative investigate an	499
employer's compliance with Section 34a of Article II, Ohio	500
Constitution and any law or regulation implementing Section 34a of	501
Article II, Ohio Constitution. The employer shall make available	502
to the state any records related to such investigation and other	503
information required for enforcement of Section 34a of Article II,	504
Ohio Constitution or any law or regulation implementing Section	505
34a of Article II, Ohio Constitution. The state shall investigate	506
an employer's compliance with this section in accordance with the	507
procedures described in section 4111.04 of the Revised Code. All	508
records and information related to investigations by the state are	509
confidential and are not a public record subject to section 149.43	510
of the Revised Code. This division does not prevent the state from	511
releasing to or exchanging with other state and federal wage and	512
hour regulatory authorities information related to investigations.	513

(J) In accordance with Section 34a of Article II, Ohio	514
Constitution, damages shall be calculated as an additional two	515
times the amount of the back wages and in the case of a violation	516
of an anti-retaliation provision an amount set by the state or	517
court sufficient to compensate the employee and deter future	518
violations, but not less than one hundred fifty dollars for each	519
day that the violation continued. The "not less than one hundred	520
fifty dollar" penalty specified in division (J) of this section	521
shall be imposed only for violations of the anti-retaliation	522
provision in Section 34a of Article II, Ohio Constitution.	523

(K) In accordance with Section 34a of Article II, Ohio	524
Constitution, an action for equitable and monetary relief may be	525
brought against an employer by the attorney general and/or an	526
employee or person acting on behalf of an employee or all	527
similarly situated employees in any court of competent	528
jurisdiction, including the court of common pleas of an employee's	529
county of residence, for any violation of Section 34a of Article	530
II, Ohio Constitution or any law or regulation implementing its	531
provisions within three years of the violation or of when the	532
violation ceased if it was of a continuing nature, or within one	533
year after notification to the employee of final disposition by	534
the state of a complaint for the same violation, whichever is	535
later.	536

(1) As used in division (K) of this section, "notification"	537
means the date on which the notice was sent to the employee by the	538
state.	539

(2) No employee shall join as a party plaintiff in any civil	540
action that is brought under division (K) of this section by an	541
employee, person acting on behalf of an employee, or person acting	542
on behalf of all similarly situated employees unless that employee	543
first gives written consent to become such a party plaintiff and	544
that consent is filed with the court in which the action is	545
brought.	546

(3) A civil action regarding an alleged violation of this	547
section shall be maintained only under division (K) of this	548
section. This division does not preclude the joinder in a single	549
civil action of an action under this division and an action under	550
section 4111.10 of the Revised Code.	551

(4) Any agreement between an employee and employer to work	552
for less than the wage rate specified in Section 34a of Article	553
II, Ohio Constitution, is no defense to an action under this	554
section.	555

(L) In accordance with Section 34a of Article II, Ohio	556
Constitution, there shall be no exhaustion requirement, no	557
procedural, pleading, or burden of proof requirements beyond those	558
that apply generally to civil suits in order to maintain such	559
action and no liability for costs or attorney's fees on an	560
employee except upon a finding that such action was frivolous in	561
accordance with the same standards that apply generally in civil	562
suits. Nothing in division (L) of this section affects the right	563
of an employer and employee to agree to submit a dispute under	564
this section to alternative dispute resolution, including, but not	565
limited to, arbitration, in lieu of maintaining the civil suit	566
specified in division (K) of this section. Nothing in this	567
division limits the state's ability to investigate or enforce this	568
section.	569

(M) An employer who provides such information specified in	570
Section 34a of Article II, Ohio Constitution, shall be immune from	571
any civil liability for injury, death, or loss to person or	572
property that otherwise might be incurred or imposed as a result	573
of providing that information to an employee or person acting on	574
behalf of an employee in response to a request by the employee or	575
person, and the employer shall not be subject to the provisions of	576
Chapters 1347. and 1349. of the Revised Code to the extent that	577
such provisions would otherwise apply. As used in division (M) of	578
this section, "such information," "acting on behalf of an	579
employee," and "request" have the same meanings as in division (G)	580
of this section.	581

(N) As used in this section, "the state" means the director	582
of commerce.	583

Section 2.  That existing sections 4111.01, 4111.02, 4111.03,	584
4111.04, 4111.08, 4111.09, and 4111.10 of the Revised Code are	585
hereby repealed.	586

Section 3. That section 4111.08 of the Revised Code be	587
amended to read as follows:	588

Sec. 4111.08.  Every employer subject to sections 4111.01 to	589
4111.17section 4111.03 of the Revised Code, or to any rule	590
adopted thereunder, shall make and keep for a period of not less	591
than three years a record of the name, address, and occupation of	592
each of the employer's employees, the rate of pay and the amount	593
paid each pay period to each employee, the hours worked each day	594
and each work week by the employee, and other information as the	595
director of commerce prescribes by rule as necessary or	596
appropriate for the enforcement of sections 4111.01 to 4111.17	597
section 4111.03 of the Revised Code, or of the rules thereunder.	598
Records may be opened for inspection or copying by the director at	599
any reasonable time. Any records an employer creates on or before	600
December 31, 2006, shall be created and maintained in accordance	601
with this section.	602

Section 4. That existing section 4111.08 of the Revised Code,	603
as it results from Sections 1 and 2 of this act, is hereby	604
repealed.	605

Section 5. Sections 3 and 4 of this act take effect January	606
1, 2010.	607

Section 6. (A) The General Assembly, by enacting this act,	608
intends to implement the Ohio Fair Minimum Wage Amendment in the	609
manner in which the proponents of the Amendment described it to	610
Ohio voters during the campaigns for the General Election on	611
November 7, 2006.	612

(B) The proponents of the Ohio Fair Minimum Wage Amendment	613
issued campaign materials, one of which was entitled "Fact vs.	614
Fiction: Minimum Wage Opponents Shamelessly Distort Facts to Deny	615
Low-Wage Workers a Raise," published by Ohioans for a Fair Minimum	616
Wage, that stated all of the following upon which Ohio voters	617
relied to be honest and accurate:	618

(1) The Amendment defines "employer," "employee," and	619
"employ" as having the same meanings as under the federal Fair	620
Labor Standards Act. Clear definitions for terms such as "employ"	621
and "casual basis" will not necessitate litigation to clarify	622
their meanings because those terms have been established by	623
federal regulations, well settled case law, or both.	624

(2) By referencing the federal minimum wage law directly, the	625
Amendment ensures that the Ohio law tracks the federal minimum	626
wage requirements with respect to individuals who volunteer their	627
time.	628

(3) The Amendment does not threaten employees' privacy	629
because employees may seek access only to their own payroll	630
records.	631

(4) The Amendment allows an employer to take reasonable steps	632
to verify that a person does in fact represent the employee.	633

(5) Employment law experts explain that state authorities in	634
Ohio will undoubtedly interpret the parallel language in the	635
Amendment in the same manner as the federal Department of Labor,	636
clarifying that employers need not keep irrelevant records for	637
non-hourly employees.	638

(C) The General Assembly enacts this act according to the	639
proponents' campaign materials and pursuant to the authority	640
vested in the General Assembly by the following constitutional	641
provisions:	642

(1) Section 34a of Article II, Ohio Constitution, which	643
states that "laws may be passed to implement its provisions. . .."	644

(2) Section 34 of Article II, Ohio Constitution, which states	645
that "laws may be passed fixing and regulating the hours of labor,	646
establishing a minimum wage, and providing for the comfort,	647
health, safety and general welfare of all employees; and no other	648
provision of the constitution shall impair or limit this power,"	649
which Section 34a of Article II, Ohio Constitution, made no	650
attempt to amend, repeal, or otherwise modify.	651

Section 7.  If any item of law that constitutes the whole or	652
part of a codified or uncodified section of law contained in this	653
act, or if any application of any item of law that constitutes the	654
whole or part of a codified or uncodified section of law contained	655
in this act, is held invalid, the invalidity does not affect other	656
items of law or applications of items of law that can be given	657
effect without the invalid item of law or application. To this	658
end, the items of law of which the codified and uncodified	659
sections of law contained in this act are composed, and their	660
applications, are independent and severable.	661

Section 8. The amendment by this act of the section of law	662
listed in this section is subject to the referendum. Therefore,	663
under Ohio Constitution, Article II, Section 1c and section 1.471	664
of the Revised Code, the amendment, and the items of law of which	665
the amendment is composed, take effect as specified in this	666
section. If, however, a referendum petition is filed against any	667
such amendment, or against any item of law of which any such	668
amendment is composed, the amendment, unless rejected at the	669
referendum, goes into effect at the earliest time permitted by law	670
that is on or after the effective date specified in this section.	671

Section 4111.08 of the Revised Code, as amended in Sections 3	672
and 4 of this act, takes effect January 1, 2010.	673