Employment Law in Ohio

If you have suffered treatment from an employer in Ohio that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.

What Is Employment Law?

Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.

Understanding Employment Law Labor Rights in Ohio

Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.

Wage and Hour Laws

Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.

Ohio, like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.

The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.

Under Ohio law, an employer may not legally fire or threaten to fire an employee summoned to serve jury duty. However, the Ohio employer is not required to pay an employee for time spent serving on a jury. As well, Ohio law prohibits employers from firing or threatening to fire an employee for taking a reasonable amount of time off to vote. However, the Ohio employer is only required to pay salaried employees for voting leave.

Workers’ Compensation

If you’ve been injured on the job in Ohio, you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.

In order to be eligible for workers’ compensation, you must meet these requirements:

  • You must be an employee.
  • You must have a work-related illness or injury.
  • Your employer must carry workers’ comp insurance.
  • You must meet the deadline for filing workers’ comp claims.

There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced Ohio attorney for assistance with your case.

Termination Rights under Ohio Employment Law

If you live in an at-will state, or your employment is “at-will,” you can be terminated from your job without notice and without cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be a wrongful termination.

Here are some reasons your termination might be wrongful even if you are an at-will employee:

  • Written promises or contracts
  • Implied promises
  • Violations of public policy
  • Breaches of good faith and fair dealing
  • Workplace retaliation
  • Discrimination
  • Defamation
  • Fraud
  • Whistleblowing violations

Ohio is not currently a right-to-work state. This means union membership and dues payment can be a condition of employment in the state. On the other hand, Ohio is an at-will employment state. This means that either the employer or the employee can terminate employment at any time, for any reason, and without consequence. However, an employee cannot be fired for illegal reasons. Illegal reasons can include breach of contract, or discrimination under the law.

If you believe your termination was wrongful due to the above circumstances, then contact a qualified Ohio employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.

Unemployment Benefits

If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. Then, after approval, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for a number of reasons, including:

  • If you were fired for misconduct.
  • You voluntarily quit your job.
  • You do not have enough earnings during the work period.

If your claim is denied, then you can appeal the decision if you think it’s the wrong choice. Working with an experienced Ohio attorney during the appeal process can improve your chances of winning the case.

Paid and Unpaid Time Off

Additionally, some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary state-to-state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.

Some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.

Ohio does not currently have state laws requiring employers to provide employees with sick leave benefits, either paid or unpaid. However, Ohio employers may be required to provide employees with unpaid sick leave in accordance with the federal Family and Medical Leave Act.

Similarly, Ohio law does not require private employers to provide employees with either paid or unpaid holiday leave. As well, a private-sector Ohio employer does not have to pay an employee premium pay for working normal hours on holidays.

Child Labor Laws

Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its own child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.

Ohio’s Minor Labor Laws poster must be conspicuously displayed in a workplace that is employing minors. Some of the legal requirements for employing minors include:

  • Every 14 to 17-year-old must have a Work Permit
  • The employer must keep a list of minors employed at each establishment
  • Minors under 16 cannot work during school hours
  • Minors must have at least 30 minutes of rest after 5 consecutive hours of work

Be aware that Ohio law does not regulate the employment of minors in the entertainment industry. Additionally, minors only require parental consent to work in the entertainment industry.

Ohio Employment Anti-Discrimination Laws

A collection of federal anti-discrimination laws protect workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:

  • Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
  • Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
  • Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
  • Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
  • Equal Pay Act: Requires employers to give men and women equal pay for equal work.

Sexual Harassment

If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is facing sexual harassment in the workplace, report it to your HR department.

According to the Ohio State Bar Association, the Supreme Court of Ohio considers sexual harassment to be a form of sex discrimination. Under federal and Ohio law, sex discrimination is considered illegal. Consequently, employers have a legal duty to provide a working environment that is free from sexual harassment.

Of note, Insurance Journal recently reported that Cincinnati-based Total Maintenance Solutions is paying $22,500 to settle a federal harassment and retaliation suit. The company was sued for firing an employee after they complained about sexual harassment.

Work With an Experienced Ohio Employment Lawyer

If you have employment law concerns, or you’re currently preparing for a case in Ohio, then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Ohio state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

Are you curious to learn about other areas of Ohio law? We can help.

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.