State andFederalPostingRequirements
The following reference guide has been developed by The Ohio Manufacturers’ Association, in conjunction with the law firm of Bricker and Eckler LLP, to assist Ohio manufacturers in meeting state and federal posting requirements.
This guide lists all major federal and state posting requirements related to employment law, with short description of each posting, and contact information to obtain the appropriate posting materials. These posters are available free of charge from each agency and must be conspicuously displayed where other similar notices are made available to employees. Each description is accompanied by a reproduction of the appropriate poster. Source information for all posters is listed on the final page.
It is recommended that employers review their postings for accuracy on an annual basis.
www.ohiomfg.com • 1-800-662-4463 33 N. High St., Columbus, Ohio 43215-3005
State of Ohio
Ohio Fair Employment Practices LawMust be posted by all employers of four or more employees in a conspicuous place. Ohio law prohibits discrimination in employment practices relative to race, color, religion, sex, national origin, disability, ancestry, military status or age (40 and over).
Source: A
OHIO DEPARTMENT OF COMMERCEDIVISION OF INDUSTRIAL COMPLIANCE
NON-TIPPED EMPLOYEES
TIPPED EMPLOYEES A Minimum Wage of $4.05 per hour PLUS TIPS
“Tipped Employees” includes any employee who engages in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips. Employers electing to use the tip credit provision must be able to show that tipped employees receive at least the minimum wage when direct or cash wages and the tip credit amount are combined.
OVERTIME
1. An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours in excess of forty hours in one work week, except for employers grossing less than $150,000 per year.
HANDICAPPED RATE
To prevent the curtailment of opportunities for employment and avoid undue hardship to individuals whose earning capacity is affected or impaired by physical or mental deficiencies or injuries, a sub-minimum wage may be paid, as provided in the rules and regulations set forth by the Director of the Ohio Department of Commerce.
STATE OF OHIO
2015 MINIMUM WAGEANDRE T. PORTER
Director
“Non-Tipped Employees” includes any employee who does not engage in an occupation in which he/she customarily and regularly receives more than thirty dollars ($30.00) per month in tips.
“Employers” who gross under $297,000.00 shall pay their employees no less than the current federal minimum wage rate.
“Employees” under the age of 16 shall be paid no less than the current federal minimum wage rate.
“Current Federal Minimum Wage” is $7.25 per hour.
A Minimum Wage of $8.10 per hour
RECORDS TO BE KEPT BY THE EMPLOYER
1. Each employer shall keep records for at least three years, available for copying and inspection by the Director of the Ohio Department of Commerce, showing the following information concerning each employee:
A. Name B. Address C. Occupation D. Rate of Pay E. Amount paid each pay period F. Hours worked each day and each work week
2. The records may be opened for inspection or copying at any reasonable time and no employer shall hinder or delay the Director of the Ohio Department of Commerce in the performance of these duties.
INDIVIDUALS EXEMPT FROM MINIMUM WAGE
1. Any individual employed by the United States;2. Any individual employed as a baby-sitter in the employer’s home, or a live-in companion to a sick, convalescing, or elderly person whose principal duties do not include housekeeping;3. Any individual employed as an outside salesman compensated by commissions or in a bona fide executive, administrative, or professional capacity, or computer professionals;4. Any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate government agency, if (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency;5. Any individual who works or provides personal services of a charitable nature in a hospital or health institution for which compensation is not sought or contemplated;6. Any individual in the employ of a camp or recreational area for children under eighteen years of age and owned and operated by a non-profit organization or group of organizations.7. Employees of a solely family owned and operated business who are family members of an owner.
For further information about minimum wage issues, please contact: The Ohio Department of Commerce, Division of Industrial Compliance, 6606 Tussing Road, Reynoldsburg, Ohio 43068. Phone: (614) 644-2239. TTY/TDD: 1-800-750-0750.
POST IN A CONSPICUOUS PLACE
An Equal Opportunity Employer and Service Provider
JOHN R. KASICHGovernor
www.com.ohio.gov
(REV. 09/30/14)
Ohio Minimum Wage LawMust be posted by all Ohio Employers.Note: Ohio minimum wage increase to $8.10 per hour effective 1/1/15.
Source: A
NO SMOKING
To report violations call1-866-559-OHIO (6446)in accordance with Chapter 3794
of the Ohio Revised Code.
Ohio No-Smoking LawPost “No Smoking” signs in public places and places of employment at each entrance to same where smoking is prohibited. Posters are available at the Ohio Department of Health, www.odh.ohio.gov/smokefree/sfenf/sfsigns.aspx
Source: A
www.com.ohio.gov/
OHIO DEPARTMENT OF COMMERCEDIVISION OF INDUSTRIAL COMPLIANCE & LABOR
PROHIBITED OCCUPATIONS FOR MINORS 14 through 17 YEARS OF AGE1. Occupations involving slaughtering, meat-packing, processing or rendering2. Power-driven bakery machines3. Occupations involved in the manufacture of brick, tile and kindred products4. Occupations involved in the manufacture of chemicals5. Manufacturing or storage occupations involving explosives6. Occupations involving exposure to radioactive substances and to
ionizing radiations7. Power-driven paper products machines8. Power-driven metal forming, punching and shearing machines9. Occupations involved in the operation of power-driven circular saws,
band saws and guillotine shears
10. Power-driven woodworking machines11. Coal mines12. Occupations in connection with mining, other than coal13. Logging and sawmilling14. Motor vehicle occupations15. Maritime and longshoreman occupations16. Railroads17. Excavation operations18. Power-driven and hoisting apparatus19. Roofing operations20. Wrecking, demolition, and shipbreaking.
POST IN A CONSPICUOUS PLACE
*For Exceptions to Coverage See Chapter 4109.06
The for-profit employer is REGISTERED with the Ohio Department of Commerce. DOOR-TO-DOOR SALES EMPLOYERS SHALL:1. Be in compliance with all applicable Ohio and Federal laws relating to the employment of minors2. Provide at least one supervisor who is over the age of eighteen, for each six minor employees3. Have been and be in compliance with Ohio's Motor Vehicle Financial Responsibility, Workers' Compensation, Unemployment Compensation, and all other applicable laws4. Require all minors to work at least in pairs5. Not employ any minor who does not have an appropriate Age and Schooling Certificate6. Provide each minor employee with a photo identification card7. Not employ any minor in any door-to-door sales activity during school hours except where specifically permitted8. Not employ minors under 16 in door-to-door sales activity before 7 a.m. or after 7 p.m.9. Not employ minors 16 and 17 years of age in door-to-door sales activity before 7 a.m. or after 8 p.m.
MINORS UNDER 16 YEARS OF AGE MAY NOT ENGAGE IN DOOR-TO-DOOREMPLOYMENT UNLESS
This is a summary of ORC 4109. This summary does not include all of the requirements for minor labor laws. Personsshould refer to 4109 for specific requirements applicable to them. This information can be accessed through the OhioDepartment of Commerce Web site at www.com.state.oh.us.
No person 16 or 17 who is required to attend school shall be employed:1. Before 7 a.m. on any day that school is in session or 6 a.m. if the person was not employed after 8 p.m. the previous night2. After 11 p.m. on any night preceding a day that school is in session.
PROHIBITED OCCUPATIONS FOR MINORS UNDER 16 YEARS OF AGE1. All manufacturing; mining; processing; public messenger service2. Work in freezers and meat coolers and all preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing and stocking)3. Transportation; storage; communications; public utilities; construction; repair4. Work in boiler or engine rooms; maintenance or repair of machinery5. Outside window washing from window sills or scaffolding and/or ladders6. Cooking and baking; operating, setting up, adjusting, cleaning, oiling or repairing power-driven food slicers, grinders, food choppers, cutters, bakery type mixers7. Loading or unloading goods to and from trucks8. All warehouse work except office and clerical9. Work in connection with cars and trucks involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.
JOHN KASICHGovernor
WORKING PERMITS: Every minor 14 through 17 years of age must have a working permit unless otherwise stated in Chapter 4109.WAGE AGREEMENT: No employer shall give employment to a minor without agreeing with him/her as to the wages or compensation he/she shall receive for each day, week, month,year or per piece for work performed.REST PERIOD: No employer shall employ a minor more than 5 consecutive hours without a rest period of at least 30 minutes.LIST OF MINORS EMPLOYED: Employer shall keep a list of minors employed at each establishment and a list must be posted in a conspicuous place to which all minor employeeshave access.TIME RECORDS: Every employer shall keep a time book or other written record showing actual starting and stopping time of each work and rest period. These records must be keptfor two (2) years.
OHIO REVISED CODE CHAPTER 4109*"MINOR" MEANS ANY PERSON LESS THAN 18 YEARS OF AGE
RESTRICTIONS ON WORKING HOURS FOR MINORS 16 and 17 YEARS OF AGE
STATE OF OHIO
MINOR LABOR LAWSDAVID GOODMAN
Director
No person under 16 shall be employed:1. During school hours except where specifically permitted by Chapter 41092. Before 7 a.m. or after 9 p.m. from June 1st to September 1st or during any school holiday of 5 school days or more; or after 7 p.m. at any other time3. For more than 3 hours a day in any school day4. For more than 18 hours in any school week5. For more than 8 hours in any day when school is not in session6. For more than 40 hours in any week that school is not in session nor during school hours, unless employment is incidental to bona fide programs of vocational cooperative training,work-study, or other work-oriented programs with the purpose of educating students, and the program meets standards established by the state board of education.
RESTRICTIONS ON WORKING HOURS FOR MINORS 14 and 15 YEARS OF AGE
For further information about Minor Labor issues, please contact: The Ohio Department of Commerce, Division of Industrial Compliance & Labor, 6606Tussing Road, Reynoldsburg, OH 43068 phone: (614) 644-2239. TTY/TDD: 1-800-750-0750. An Equal Opportunity Employer and Service Provider (REV. 1/14/11)
Ohio Minor Labor LawMust be posted in plain view in a conspicuous place which is frequented by the largest number of minor employees and to which all minor employees have access. The poster must be in every factory, workshop, or office where employees under eighteen years of age are permitted to work. Employers of minors must also post the names of employees under 18, including working hours, meal time, and time starting and ending work day.
Source: A
Ohio Workers’ Compensation Certificate of Premium PaymentMust be posted by every employer subject to Ohio’s Workers’ Compensation Law. Certificate is furnished by the Ohio Bureau of Workers’ Compensation to employer upon payment of premium or approval of self-insured status every six (6) months. Employers may photocopy these certificates for posting at multiple locations.
Source: B
DP-29 BWC-1629 1/14/2011
01/01/2014 Thru 08/31/20141900000
XYZ123 CorporationABC Hair Design30 W Spring Street Columbus OH 43215-2241
HP
Sample
Federal
Equal Employment Opportunity Is The LawMust be posted in English by employers of 15 or more employees, and all government contractors and subcontractors. The latest version of this poster includes paragraphs on the appropriate entities to contact in the event of discrimination.
Source: D
The Fair Labor Standards ActCovers minimum wage, overtime and child labor requirements. Must be posted by all employers engaged in interstate commerce with gross annual sales of at least $500,000.
Source: A
Employee Polygraph Protection ActProhibits most employers from using lie detector tests either for pre-employment screening or during the course of employment
Source: A
v
Job Safety & Health RequirementsEmployers must post this notice in a conspicuous place. Employers must post all OSHA citations at or near the worksite involved until the violation is abated or for three working days, whichever is longer.
Source: A
Log & Summary of Occupational Injuries & IllnessesIf your business is subject to OSHA’s record keeping requirements, then OSHA Form 300A must be posted annually from February 1st through April 30th by employers of 10 or more employees, summarizing the preceding year’s illnesses and injuries.
Source: C
v
Source Key
AOhio Department of Job and Family ServicesOffice of Employee and Business Services30 E. Broad St. 30th floorColumbus, OH 43215(614) 466-2455 Online at www.odjfs.state.oh.us JFS Forms Central, form # JFS 02745
Ohio Department of CommerceDivision of Industrial Compliance6606 Tussing Rd.Reynoldsburg, OH 43068(614) 644-2223
http://www.com.ohio.gov/dicoemail: [email protected]
BOhio Bureau of Workers’ Compensation30 W. Spring St.Columbus, OH 43215(800) 644-6292www.ohiobwc.com
CU.S. Department of LaborOccupational Safety & Health Administrationwww.osha.gov
Ohio offices:• 36 Triangle Park Dr.
Cincinnati, OH 45246 (513) 841-4132
• 200 N. High St., Rm. 620 Columbus, OH 43215 (614) 469-5582
• Essex Place 6393 Oak Tree Blvd., Ste. 203 Independence, OH 44131 (216) 447-4194
• 420 Madison Ave., Ste. 600 Toledo, OH 43604 (419) 259-7542
DU.S. Department of LaborEmployment Standards AdministrationWage and Hour Divisionwww.dol.gov
Ohio offices:• 550 Main St., Rm. 10-409
Cincinnati, OH 45202 (513) 684-2908
• 1240 E. Ninth St., Rm. 817 Cleveland, OH 44199 (216) 357-5400
• 200 N. High St., Rm. 646 Columbus, OH 43215 (614) 469-5678
EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT
fOR LABORERS AND MECHANICS EMPLOYED ON fEDERAL OR fEDERALLY ASSISTED CONSTRUCTION PROjECTS
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
PREVAILING WAGES
OVERTIME
ENFORCEMENT
APPRENTICES
PROPER PAY
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.
You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
1-866-4-USWAGE(1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOVU.S. Department of Labor Employment Standards Administration Wage and Hour Division
WH 1321(Revised April 2009)
For additional information:
Notice to All Employees Working on Federal or Federally Financed Construction ProjectsMust be posted by employers at the job site if company is engaged in work covered by the Davis-Bacon Act.
The UniformedServices Employmentand ReemploymentRights ActThe Veteran’s BenefitsImprovement Act of 2004requires employers to post a notice informing employees of their USERRA rights. Source: www.dol.gov/vets
v
Notice to EmployeesWorking onGovernmentContractsMust be posted for Walsh-Healy Public Contracts which exceed $10,000 in materials, supplies, articles, and equipment or services in excess of $2,500.
Source: D
Family and Medical Leave Act of 1993Must be posted by employers of 50 or more employees that are required to provide unpaid job protected leave to “eligible” employees for certain family, medical and military reasons.
Source: A