As of January 1, 2022, Ohio’s state minimum wage rate is $9.30 per hour.
As of January 1, 2022, the tipped minimum wage is $4.65 an hour.
In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($9.30 per hour) by 1½ (1.5), subtract the tip credit ($4.65 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.