Effective January 1, 2011, Ohio’s minimum wage rate will increase by 10 cents per hour, from $7.30 to $7.40. Tipped employees, who are paid half the minimum wage, will see an increase from $3.65 to $3.70 per hour (excluding tips). Ohio employers with annual gross receipts exceeding $271,000 in 2010 must pay the Ohio minimum wage. Employers should adjust their pay practices accordingly, as well as update their compliance posters. Updated versions of the poster are available on the Ohio Department of Commerce website.

Exclusions from the Ohio Minimum Wage Law

Ohio employers with 2010 gross receipts of $271,000 or less are required to pay the federal minimum wage which is $7.25 per hour. Employees under the age of 16 also are not entitled to Ohio’s minimum wage and should be paid the federal wage. The federal minimum wage is unchanged since July 2009, which was the last of three increases under the Fair Minimum Wage Act of 2007.

Constitutional Amendment

An amendment to Ohio’s Constitution, passed in November 2006, allows the state to increase the minimum wage on January 1 of each year, subject to a rise in the Consumer Price Index for the 12-month period prior to September of the current year. The Department of Commerce calculates the increase based on the rate of inflation as measured by the Consumer Price Index.

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Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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