Ohio Labor Laws

Ohio’s state minimum wage rate is $8.70 per hour

The tipped minimum wage is $4.35 an hour.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($8.70 per hour) by 1½ (1.5), subtract the tip credit ($4.35 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

The State of Ohio does not have any laws involving the requirement of breaks and or meal periods. Breaks are a mutually agreed upon arrangement between the employer and employee.

In general, yes, it is legal.

An employer can deduct the cost of processing the gratuity portion of the bill from the server’s tip.
An employer cannot deduct the cost of processing the entire bill from the server’s tip.

This is clearly stated in the Department of Labor’s website in a section concerning tipped employees under the Fair Labor Standards Act (FLSA.) The relevant section states:

“Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, the employer may pay the employee the tip, less that percentage.”

This sets the circumstances in which an employer can deduct processing fees from an employee’s tips. If the tip is paid by credit card and the employer pays a processing company a percentage of the transaction to process the sale, the employer can deduct the processing percentage from the employee’s tip.

Ohio does not have a statewide paid sick days law.

Employment Law Firms

Cohen Rosenthal & Kramer

We represent victims of corporate and institutional wrongdoing, from employees to investors to entrepreneurs to those harmed by legal malpractice. The firm also regularly represents individuals and businesses accused of violating contractual, common law or statutory duties. A substantial portion of CRK’s practice involves class actions and other complex litigation.

Coffman Legal

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Coffman Legal is a Columbus law firm serving workers in Ohio statewide who have been mistreated by their employer through wage and hour violations, employment discrimination and harassment, or other abuses. If your wages or overtime have gone unpaid, or if you were discriminated on the basis of disability, pregnancy or other protected factors, Columbus employment & overtime attorneys Matthew Coffman and Adam Gedling will fight to protect you, uphold your rights and make sure you are fully compensated for the harm done to you. You will find our firm to be very responsive to your needs and guide you throughout the process of recovering money damages for wage and hour violations, discrimination and other employment injuries.