Bill Text: OH SB212 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To allow the Director of Commerce to investigate and enforce specified claims involving unpaid wages.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2009-11-18 - To Insurance, Commerce, & Labor [SB212 Detail]

Download: Ohio-2009-SB212-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 212

Senator Morano 

Cosponsors: Senators Cafaro, Miller, D., Turner, Strahorn, Schiavoni, Miller, R., Fedor, Smith 

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A BILL

To amend sections 1321.32, 2305.11, 4111.14, 4111.17,

1

4111.99, 4113.15, 4113.16, and 4113.99; to amend,

2

for the purpose of adopting new section numbers as

3

indicated in parentheses, sections 4113.15

4

(4111.18) and 4113.16 (4111.19); and to enact

5

sections 4111.15 and 4111.20 of the Revised Code

6

to allow the Director of Commerce to investigate

7

and enforce specified claims involving unpaid

8

wages.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 1321.32, 2305.11, 4111.14, 4111.17,	10
4111.99, 4113.15, 4113.16, and 4113.99 be amended, sections	11
4113.15 (4111.18) and 4113.16 (4111.19) be amended for the purpose	12
of adopting new section numbers as indicated in parentheses, and	13
sections 4111.15 and 4111.20 of the Revised Code be enacted to	14
read as follows:	15

Sec. 1321.32.  Notwithstanding section 1321.31 of the Revised	16
Code, no assignment of, or order for wages or salary is valid	17
unless the wages assigned or ordered are to be paid for the	18
support of the employee's spouse or minor child in complying with	19
an order of a court or record for the support of the employee's	20
spouse or minor child. This section does not affect or invalidate	21
any contract or agreement between employers and their employees,	22
or as between employers, employees, and any labor union as to any	23
checkoff on the wages of such employees as may be agreed upon.	24
This section and section 4113.164111.19 of the Revised Code shall	25
not affect or invalidate any deduction from the wages or salary	26
made in accordance with a payroll deduction plan agreed upon	27
between the employer and employee provided that the same be	28
revocable at any time by the employee upon notice to the employer	29
up to the time of payment thereof.	30

Sec. 2305.11.  (A) An action for libel, slander, malicious	31
prosecution, or false imprisonment, an action for malpractice	32
other than an action upon a medical, dental, optometric, or	33
chiropractic claim, or an action upon a statute for a penalty or	34
forfeiture shall be commenced within one year after the cause of	35
action accrued, provided that an action by an employee for the	36
payment of unpaid minimum wages, unpaid overtime compensation, or	37
liquidated damages by reason of the nonpayment of minimum wages or	38
overtime compensation shall be commenced within two years after	39
the cause of action accrued.	40

(B) A civil action for unlawful abortion pursuant to section	41
2919.12 of the Revised Code, a civil action authorized by division	42
(H) of section 2317.56 of the Revised Code, a civil action	43
pursuant to division (B)(1) or (2) of section 2307.51 of the	44
Revised Code for performing a dilation and extraction procedure or	45
attempting to perform a dilation and extraction procedure in	46
violation of section 2919.15 of the Revised Code, and a civil	47
action pursuant to division (B)(1) or (2) of section 2307.52 of	48
the Revised Code for terminating or attempting to terminate a	49
human pregnancy after viability in violation of division (A) or	50
(B) of section 2919.17 of the Revised Code shall be commenced	51
within one year after the performance or inducement of the	52
abortion, within one year after the attempt to perform or induce	53
the abortion in violation of division (A) or (B) of section	54
2919.17 of the Revised Code, within one year after the performance	55
of the dilation and extraction procedure, or, in the case of a	56
civil action pursuant to division (B)(2) of section 2307.51 of the	57
Revised Code, within one year after the attempt to perform the	58
dilation and extraction procedure.	59

(C) As used in this section, "medical claim," "dental claim,"	60
"optometric claim," and "chiropractic claim" have the same	61
meanings as in section 2305.113 of the Revised Code.	62

Sec. 4111.14. (A) Pursuant to the general assembly's	63
authority to establish a minimum wage under Section 34 of Article	64
II, Ohio Constitution, this section is in implementation of	65
Section 34a of Article II, Ohio Constitution. In implementing	66
Section 34a of Article II, Ohio Constitution, the general assembly	67
hereby finds that the purpose of Section 34a of Article II, Ohio	68
Constitution, is to:	69

(1) Ensure that Ohio employees, as defined in division (B)(1)	70
of this section, are paid the wage rate required by Section 34a of	71
Article II, Ohio Constitution;	72

(2) Ensure that covered Ohio employers maintain certain	73
records that are directly related to the enforcement of the wage	74
rate requirements in Section 34a of Article II, Ohio Constitution;	75

(3) Ensure that Ohio employees who are paid the wage rate	76
required by Section 34a of Article II, Ohio Constitution, may	77
enforce their right to receive that wage rate in the manner set	78
forth in Section 34a of Article II, Ohio Constitution; and	79

(4) Protect the privacy of Ohio employees' pay and personal	80
information specified in Section 34a of Article II, Ohio	81
Constitution, by restricting an employee's access, and access by a	82
person acting on behalf of that employee, to the employee's own	83
pay and personal information.	84

(B) In accordance with Section 34a of Article II, Ohio	85
Constitution, the terms "employer," "employee," "employ,"	86
"person," and "independent contractor" have the same meanings as	87
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	88
U.S.C. 203, as amended. In construing the meaning of these terms,	89
due consideration and great weight shall be given to the United	90
States department of labor's and federal courts' interpretations	91
of those terms under the Fair Labor Standards Act and its	92
regulations. As used in division (B) of this section:	93

(1) "Employee" means individuals employed in Ohio, but does	94
not mean individuals who are excluded from the definition of	95
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	96
from the minimum wage requirements in 29 U.S.C. 213 and from the	97
definition of "employee" in this chapter.	98

(2) "Employ" and "employee" do not include any person acting	99
as a volunteer. In construing who is a volunteer, "volunteer"	100
shall have the same meaning as in sections 553.101 to 553.106 of	101
Title 29 of the Code of Federal Regulations, as amended, and due	102
consideration and great weight shall be given to the United States	103
department of labor's and federal courts' interpretations of the	104
term "volunteer" under the Fair Labor Standards Act and its	105
regulations.	106

(C) In accordance with Section 34a of Article II, Ohio	107
Constitution, the state may issue licenses to employers	108
authorizing payment of a wage below that required by Section 34a	109
of Article II, Ohio Constitution, to individuals with mental or	110
physical disabilities that may otherwise adversely affect their	111
opportunity for employment. In issuing such licenses, the state	112
shall abide by the rules adopted pursuant to section 4111.06 of	113
the Revised Code.	114

(D)(1) In accordance with Section 34a of Article II, Ohio	115
Constitution, individuals employed in or about the property of an	116
employer or an individual's residence on a casual basis are not	117
included within the coverage of Section 34a of Article II, Ohio	118
Constitution. As used in division (D) of this section:	119

(a) "Casual basis" means employment that is irregular or	120
intermittent and that is not performed by an individual whose	121
vocation is to be employed in or about the property of the	122
employer or individual's residence. In construing who is employed	123
on a "casual basis," due consideration and great weight shall be	124
given to the United States department of labor's and federal	125
courts' interpretations of the term "casual basis" under the Fair	126
Labor Standards Act and its regulations.	127

(b) "An individual employed in or about the property of an	128
employer or individual's residence" means an individual employed	129
on a casual basis or an individual employed in or about a	130
residence on a casual basis, respectively.	131

(2) In accordance with Section 34a of Article II, Ohio	132
Constitution, employees of a solely family-owned and operated	133
business who are family members of an owner are not included	134
within the coverage of Section 34a of Article II, Ohio	135
Constitution. As used in division (D)(2) of this section, "family	136
member" means a parent, spouse, child, stepchild, sibling,	137
grandparent, grandchild, or other member of an owner's immediate	138
family.	139

(E) In accordance with Section 34a of Article II, Ohio	140
Constitution, an employer shall at the time of hire provide an	141
employee with the employer's name, address, telephone number, and	142
other contact information and update such information when it	143
changes. As used in division (E) of this section:	144

(1) "Other contact information" may include, where	145
applicable, the address of the employer's internet site on the	146
world wide web, the employer's electronic mail address, fax	147
number, or the name, address, and telephone number of the	148
employer's statutory agent. "Other contact information" does not	149
include the name, address, telephone number, fax number, internet	150
site address, or electronic mail address of any employee,	151
shareholder, officer, director, supervisor, manager, or other	152
individual employed by or associated with an employer.	153

(2) "When it changes" means that the employer shall provide	154
its employees with the change in its name, address, telephone	155
number, or other contact information within sixty business days	156
after the change occurs. The employer shall provide the changed	157
information by using any of its usual methods of communicating	158
with its employees, including, but not limited to, listing the	159
change on the employer's internet site on the world wide web,	160
internal computer network, or a bulletin board where it commonly	161
posts employee communications or by insertion or inclusion with	162
employees' paychecks or pay stubs.	163

(F) In accordance with Section 34a of Article II, Ohio	164
Constitution, an employer shall maintain a record of the name,	165
address, occupation, pay rate, hours worked for each day worked,	166
and each amount paid an employee for a period of not less than	167
three years following the last date the employee was employed by	168
that employer. As used in division (F) of this section:	169

(1) "Address" means an employee's home address as maintained	170
in the employer's personnel file or personnel database for that	171
employee.	172

(2)(a) With respect to employees who are not exempt from the	173
overtime pay requirements of the Fair Labor Standards Act or this	174
chapter, "pay rate" means an employee's base rate of pay.	175

(b) With respect to employees who are exempt from the	176
overtime pay requirements of the Fair Labor Standards Act or this	177
chapter, "pay rate" means an employee's annual base salary or	178
other rate of pay by which the particular employee qualifies for	179
that exemption under the Fair Labor Standards Act or this chapter,	180
but does not include bonuses, stock options, incentives, deferred	181
compensation, or any other similar form of compensation.	182

(3) "Record" means the name, address, occupation, pay rate,	183
hours worked for each day worked, and each amount paid an employee	184
in one or more documents, databases, or other paper or electronic	185
forms of record-keeping maintained by an employer. No one	186
particular method or form of maintaining such a record or records	187
is required under this division. An employer is not required to	188
create or maintain a single record containing only the employee's	189
name, address, occupation, pay rate, hours worked for each day	190
worked, and each amount paid an employee. An employer shall	191
maintain a record or records from which the employee or person	192
acting on behalf of that employee could reasonably review the	193
information requested by the employee or person.	194

An employer is not required to maintain the records specified	195
in division (F)(3) of this section for any period before January	196
1, 2007. On and after January 1, 2007, the employer shall maintain	197
the records required by division (F)(3) of this section for three	198
years from the date the hours were worked by the employee and for	199
three years after the date the employee's employment ends.	200

(4)(a) Except for individuals specified in division (F)(4)(b)	201
of this section, "hours worked for each day worked" means the	202
total amount of time worked by an employee in whatever increments	203
the employer uses for its payroll purposes during a day worked by	204
the employee. An employer is not required to keep a record of the	205
time of day an employee begins and ends work on any given day. As	206
used in division (F)(4) of this section, "day" means a fixed	207
period of twenty-four consecutive hours during which an employee	208
performs work for an employer.	209

(b) An employer is not required to keep records of "hours	210
worked for each day worked" for individuals for whom the employer	211
is not required to keep those records under the Fair Labor	212
Standards Act and its regulations or individuals who are not	213
subject to the overtime pay requirements specified in section	214
4111.03 of the Revised Code.	215

(5) "Each amount paid an employee" means the total gross	216
wages paid to an employee for each pay period. As used in division	217
(F)(5) of this section, "pay period" means the period of time	218
designated by an employer to pay an employee the employee's gross	219
wages in accordance with the employer's payroll practices under	220
section 4113.154111.18 of the Revised Code.	221

(G) In accordance with Section 34a of Article II, Ohio	222
Constitution, an employer must provide such information without	223
charge to an employee or person acting on behalf of an employee	224
upon request. As used in division (G) of this section:	225

(1) "Such information" means the name, address, occupation,	226
pay rate, hours worked for each day worked, and each amount paid	227
for the specific employee who has requested that specific	228
employee's own information and does not include the name, address,	229
occupation, pay rate, hours worked for each day worked, or each	230
amount paid of any other employee of the employer. "Such	231
information" does not include hours worked for each day worked by	232
individuals for whom an employer is not required to keep that	233
information under the Fair Labor Standards Act and its regulations	234
or individuals who are not subject to the overtime pay	235
requirements specified in section 4111.03 of the Revised Code.	236

(2) "Acting on behalf of an employee" means a person acting	237
on behalf of an employee as any of the following:	238

(a) The certified or legally recognized collective bargaining	239
representative for that employee under the applicable federal law	240
or Chapter 4117. of the Revised Code;	241

(b) The employee's attorney;

242

(c) The employee's parent, guardian, or legal custodian.

243

A person "acting on behalf of an employee" must be	244
specifically authorized by an employee in order to make a request	245
for that employee's own name, address, occupation, pay rate, hours	246
worked for each day worked, and each amount paid to that employee.	247

(3) "Provide" means that an employer shall provide the	248
requested information within thirty business days after the date	249
the employer receives the request, unless either of the following	250
occurs:	251

(a) The employer and the employee or person acting on behalf	252
of the employee agree to some alternative time period for	253
providing the information.	254

(b) The thirty-day period would cause a hardship on the	255
employer under the circumstances, in which case the employer must	256
provide the requested information as soon as practicable.	257

(4) A "request" made by an employee or a person acting on	258
behalf of an employee means a request by an employee or a person	259
acting on behalf of an employee for the employee's own	260
information. The employer may require that the employee provide	261
the employer with a written request that has been signed by the	262
employee and notarized and that reasonably specifies the	263
particular information being requested. The employer may require	264
that the person acting on behalf of an employee provide the	265
employer with a written request that has been signed by the	266
employee whose information is being requested and notarized and	267
that reasonably specifies the particular information being	268
requested.	269

(H) In accordance with Section 34a of Article II, Ohio	270
Constitution, an employee, person acting on behalf of one or more	271
employees, and any other interested party may file a complaint	272
with the state for a violation of any provision of Section 34a of	273
Article II, Ohio Constitution or any law or regulation	274
implementing its provisions. Such complaint shall be promptly	275
investigated and resolved by the state. The employee's name shall	276
be kept confidential unless disclosure is necessary to resolution	277
of a complaint and the employee consents to disclosure. As used in	278
division (H) of this section:	279

(1) "Complaint" means a complaint of an alleged violation	280
pertaining to harm suffered by the employee filing the complaint,	281
by a person acting on behalf of one or more employees, or by an	282
interested party.	283

(2) "Acting on behalf of one or more employees" has the same	284
meaning as "acting on behalf of an employee" in division (G)(2) of	285
this section. Each employee must provide a separate written and	286
notarized authorization before the person acting on that	287
employee's or those employees' behalf may request the name,	288
address, occupation, pay rate, hours worked for each day worked,	289
and each amount paid for the particular employee.	290

(3) "Interested party" means a party who alleges to be	291
injured by the alleged violation and who has standing to file a	292
complaint under common law principles of standing.	293

(4) "Resolved by the state" means that the complaint has been	294
resolved to the satisfaction of the state.	295

(5) "Shall be kept confidential" means that the state shall	296
keep the name of the employee confidential as required by division	297
(H) of this section.	298

(I) In accordance with Section 34a of Article II, Ohio	299
Constitution, the state may on its own initiative investigate an	300
employer's compliance with Section 34a of Article II, Ohio	301
Constitution and any law or regulation implementing Section 34a of	302
Article II, Ohio Constitution. The employer shall make available	303
to the state any records related to such investigation and other	304
information required for enforcement of Section 34a of Article II,	305
Ohio Constitution or any law or regulation implementing Section	306
34a of Article II, Ohio Constitution. The state shall investigate	307
an employer's compliance with this section in accordance with the	308
procedures described in section 4111.04 of the Revised Code. All	309
records and information related to investigations by the state are	310
confidential and are not a public record subject to section 149.43	311
of the Revised Code. This division does not prevent the state from	312
releasing to or exchanging with other state and federal wage and	313
hour regulatory authorities information related to investigations.	314

(J) In accordance with Section 34a of Article II, Ohio	315
Constitution, damages shall be calculated as an additional two	316
times the amount of the back wages and in the case of a violation	317
of an anti-retaliation provision an amount set by the state or	318
court sufficient to compensate the employee and deter future	319
violations, but not less than one hundred fifty dollars for each	320
day that the violation continued. The "not less than one hundred	321
fifty dollar" penalty specified in division (J) of this section	322
shall be imposed only for violations of the anti-retaliation	323
provision in Section 34a of Article II, Ohio Constitution.	324

(K) In accordance with Section 34a of Article II, Ohio	325
Constitution, an action for equitable and monetary relief may be	326
brought against an employer by the attorney general and/or an	327
employee or person acting on behalf of an employee or all	328
similarly situated employees in any court of competent	329
jurisdiction, including the court of common pleas of an employee's	330
county of residence, for any violation of Section 34a of Article	331
II, Ohio Constitution or any law or regulation implementing its	332
provisions within three years of the violation or of when the	333
violation ceased if it was of a continuing nature, or within one	334
year after notification to the employee of final disposition by	335
the state of a complaint for the same violation, whichever is	336
later.	337

(1) As used in division (K) of this section, "notification"	338
means the date on which the notice was sent to the employee by the	339
state.	340

(2) No employee shall join as a party plaintiff in any civil	341
action that is brought under division (K) of this section by an	342
employee, person acting on behalf of an employee, or person acting	343
on behalf of all similarly situated employees unless that employee	344
first gives written consent to become such a party plaintiff and	345
that consent is filed with the court in which the action is	346
brought.	347

(3) A civil action regarding an alleged violation of this	348
section shall be maintained only under division (K) of this	349
section. This division does not preclude the joinder in a single	350
civil action of an action under this division and an action under	351
section 4111.10 of the Revised Code.	352

(4) Any agreement between an employee and employer to work	353
for less than the wage rate specified in Section 34a of Article	354
II, Ohio Constitution, is no defense to an action under this	355
section.	356

(L) In accordance with Section 34a of Article II, Ohio	357
Constitution, there shall be no exhaustion requirement, no	358
procedural, pleading, or burden of proof requirements beyond those	359
that apply generally to civil suits in order to maintain such	360
action and no liability for costs or attorney's fees on an	361
employee except upon a finding that such action was frivolous in	362
accordance with the same standards that apply generally in civil	363
suits. Nothing in division (L) of this section affects the right	364
of an employer and employee to agree to submit a dispute under	365
this section to alternative dispute resolution, including, but not	366
limited to, arbitration, in lieu of maintaining the civil suit	367
specified in division (K) of this section. Nothing in this	368
division limits the state's ability to investigate or enforce this	369
section.	370

(M) An employer who provides such information specified in	371
Section 34a of Article II, Ohio Constitution, shall be immune from	372
any civil liability for injury, death, or loss to person or	373
property that otherwise might be incurred or imposed as a result	374
of providing that information to an employee or person acting on	375
behalf of an employee in response to a request by the employee or	376
person, and the employer shall not be subject to the provisions of	377
Chapters 1347. and 1349. of the Revised Code to the extent that	378
such provisions would otherwise apply. As used in division (M) of	379
this section, "such information," "acting on behalf of an	380
employee," and "request" have the same meanings as in division (G)	381
of this section.	382

(N)(I) As used in this section, "the state" means the	383
director of commerce.	384

Sec. 4111.15.  No employer shall fail to pay wages owed to an	385
employee for services performed by that employee for that employer	386
that are equal to or in excess of the minimum wage calculated	387
pursuant to Section 34a of Article II, Ohio Constitution, and	388
section 4111.02 of the Revised Code.	389

Sec. 4111.17.  (A) No employer, including the state and	390
political subdivisions thereof, shall discriminate in the payment	391
of wages on the basis of race, color, religion, sex, age, national	392
origin, or ancestry by paying wages to any employee at a rate less	393
than the rate at which the employer pays wages to another employee	394
for equal work on jobs the performance of which requires equal	395
skill, effort, and responsibility, and which are performed under	396
similar conditions.	397

(B) Nothing in this section prohibits an employer from paying	398
wages to one employee at a rate different from that at which the	399
employer pays another employee for the performance of equal work	400
under similar conditions on jobs requiring equal skill, effort,	401
and responsibility, when the payment is made pursuant to any of	402
the following:	403

(1) A seniority system;

404

(2) A merit system;

405

(3) A system which measures earnings by the quantity or	406
quality of production;	407

(4) A wage rate differential determined by any factor other	408
than race, color, religion, sex, age, national origin, or	409
ancestry.	410

(C) No employer shall reduce the wage rate of any employee in	411
order to comply with this section.	412

(D) The director of commerce shall carry out, administer, and	413
enforce this section. Any employee discriminated against in	414
violation of this section may sue in any court of competent	415
jurisdiction to recover two times the amount of the difference	416
between the wages actually received and the wages received by a	417
person performing equal work for the employer, from the date of	418
the commencement of the violation, and for costs, including	419
attorney fees. The director may take an assignment of any such	420
wage claim in trust for such employee and sue in the employee's	421
behalf. In any civil action under this section, two or more	422
employees of the same employer may join as co-plaintiffs in one	423
action. The director may sue in one action for claims assigned to	424
the director by two or more employees of the same employer. No	425
agreement to work for a discriminatory wage constitutes a defense	426
for any civil or criminal action to enforce this section. No	427
employer shall discriminate against any employee because such	428
employee makes a complaint or institutes, or testifies in, any	429
proceeding under this section 4111.20 of the Revised Code.	430

(E) Any action arising under this section shall be initiated	431
within one year after the date of violation.	432

Sec. 4113.15.        Sec. 4111.18.  (A) Every individual, firm,	433
partnership, association, or corporation doing business in this	434
state shall, on or before the first day of each month, pay all its	435
employees the wages earned by them during the first half of the	436
preceding month ending with the fifteenth day thereof, and shall,	437
on or before the fifteenth day of each month, pay such employees	438
the wages earned by them during the last half of the preceding	439
calendar month. If at any time of payment an employee is absent	440
from histhe employee's regular place of labor and does not	441
receive hispayment of wages through an authorized representative,	442
such person shall be entitled to said payment at any time	443
thereafter upon demand upon the proper paymaster at the place	444
where such wages are usually paid and where such pay is due. This	445
section does not prohibit the daily or weekly payment of wages.	446
The use of a longer time lapse that is customary to a given trade,	447
profession or occupation, or establishment of a different time	448
lapse by written contract or by operation of law.	449

(B) Where wages remain unpaid for thirty days beyond the	450
regularly scheduled payday or, in the case where no regularly	451
scheduled payday is applicable, for sixty days beyond the filing	452
by the employee of a claim or for sixty days beyond the date of	453
the agreement, award, or other act making wages payable and no	454
contest court order or dispute of any wage claim including the	455
assertion of a counterclaim exists accounting for nonpayment, the	456
employer, in addition, as liquidated damages, is liable to the	457
employee in an amount equal to six per cent of the amount of the	458
claim still unpaid and not in contest or disputed or two hundred	459
dollars, whichever is greaterdescribed in section 4111.20 of the	460
Revised Code.	461

(C) In the absence of a contest, court order or dispute, an	462
employer who is party to an agreement to pay or provide fringe	463
benefits to an employee or to make any employee authorized	464
deduction becomes a trustee of any funds required by such	465
agreement to be paid to any person, organization, or governmental	466
agency from the time that the duty to make such payment arises. No	467
person shall, without reasonable justification or excuse for such	468
failure, knowingly fail or refuse to pay to the appropriate	469
person, organization, or governmental agency the amount necessary	470
to provide the benefits or accomplish the purpose of any employee	471
authorized deduction, within thirty days after the close of the	472
pay period during which the employee earned or had deducted the	473
amount of money necessary to pay for the fringe benefit or make	474
any employee authorized deduction. A failure or refusal to pay,	475
regardless of the number of employee pay accounts involved,	476
constitutes one offense for the first delinquency of thirty days	477
and a separate offense for each successive delinquency of thirty	478
days.	479

(D) The director of commerce may investigate and enforce this	480
section in accordance with section 4111.20 of the Revised Code.	481

(E) As used in this section:

482

(1) "Wage"Notwithstanding the definition of "wage" in	483
section 4111.01 of the Revised Code, "wage" means the net amount	484
of money payable to an employee, including any guaranteed pay or	485
reimbursement for expenses, less any federal, state, or local	486
taxes withheld; any deductions made pursuant to a written	487
agreement for the purpose of providing the employee with any	488
fringe benefits; and any employee authorize deduction.	489

(2) "Fringe benefits" includes but is not limited to health,	490
welfare, or retirement benefits, whether paid for entirely by the	491
employer or on the basis of a joint employer-employee	492
contribution, or vacation, separation, or holiday pay.	493

(3) "Employee authorized deduction" includes but is not	494
limited to deductions for the purpose of: (a) purchase of United	495
States savings bonds or corporate stocks or bonds, (b) a	496
charitable contribution, (c) credit union savings or other regular	497
savings program, or (d) repayment of a loan or other obligation.	498

Sec. 4113.16.        Sec. 4111.19.  No corporation, contractor, person, or	499
partnership subject to section 4113.154111.18 of the Revised Code	500
shall, by a special contract with an employee or by other means,	501
exempt itselfthe corporation, contractor, person, or partnership	502
from this section and section 4113.154111.18 of the Revised Code,	503
and no assignments of future wages, payable semimonthly under such	504
sections are valid except as provided in section 1321.32 of the	505
Revised Code.	506

Sec. 4111.20.  (A) As used in this section:

507

(1) "Acting on behalf of one or more employees" has the same	508
meaning as "acting on behalf of an employee" in division (G)(2) of	509
section 4111.14 of the Revised Code.	510

(2) "Interested party" means a party who alleges to be	511
injured by an alleged violation of a wage law and who has	512
standing to file a complaint under common law principles of	513
standing.	514

(3) "Wage law" means any of the following:

515

(a) Section 34a of Article II, Ohio Constitution;

516

(b) Division (C) of section 4111.13 of the Revised Code;

517

(c) Section 4111.15 of the Revised Code;

518

(d) Section 4111.17 of the Revised Code;

519

(e) Section 4111.18 of the Revised Code.

520

(B) The director of commerce, on the director's own	521
initiative, may investigate an employer's alleged violation of a	522
wage law. An employee, a person acting on behalf of an employee,	523
or any other interested party who believes the employee's	524
employer has violated a wage law may file a written complaint	525
with the director regarding the alleged violation. Except as	526
otherwise provided in this division, the director, upon receipt	527
of a complaint, shall investigate the alleged violation. Except	528
for an alleged violation of Section 34a of Article II, Ohio	529
Constitution, or division (C) of section 4111.13 of the Revised	530
Code, the director shall not investigate a claim of an alleged	531
violation of a wage law if the employee who is the subject of a	532
complaint or potential investigation earns one hundred thousand	533
dollars or more in compensation annually from the employee's	534
employer. An employee shall provide a separate written and	535
notarized authorization before a person acting on that employee's	536
behalf may request the name, address, occupation, pay rate, hours	537
worked for each day worked, and each amount paid for the	538
particular employee. The employee's name shall be kept	539
confidential unless disclosure is necessary to resolve a	540
complaint and the employee consents to disclosure.	541

In conducting an investigation under this division, the	542
director has the same powers described in division (B) of section	543
4111.04 and section 4111.14 of the Revised Code to investigate	544
the employer accused of the violation. If, after conducting the	545
investigation, the director determines that reasonable evidence	546
exists that the employer committed the alleged violation, the	547
director shall attempt to resolve the violation to the director's	548
satisfaction. The director shall send a written notice to the	549
parties involved and to the attorney general stating the results	550
of the director's attempts to resolve the violation. The director	551
shall include in that notice the amount of back pay the director	552
determines the employer owes to each employee injured by the	553
employer's violation, the amount of damages owed as described in	554
division (D)(2) or (3) of this section, as applicable, and the	555
reasonable costs incurred by the director in conducting the	556
investigation, as determined by the director. If, after	557
conducting the investigation, the director determines that	558
reasonable evidence does not exist that the employer committed	559
the alleged violation, the director shall send a written notice	560
to the parties involved and to the attorney general stating this	561
determination. The sending of either notice constitutes the	562
director's final disposition of the complaint.	563

(C) Except as otherwise provided in this division, the	564
attorney general or an employee, person acting on behalf of an	565
employee, or any other interested party who believes the	566
employee's employer has violated a wage law may bring an action	567
against an employer for equitable and monetary relief in any	568
court of competent jurisdiction. If the attorney general receives	569
a notice from the director under division (B) of this section	570
stating that the violation was not resolved, the attorney	571
general, except as otherwise provided in this division, shall	572
bring an action for equitable and monetary relief against the	573
employer named in the notice in any court of competent	574
jurisdiction regarding the employer's violation. Except as	575
otherwise provided in this division, if the attorney general	576
receives a notice stating that the violation is resolved, the	577
attorney general may, but is encouraged not to, bring an action	578
under this division against the employer. Regardless of whether a	579
complaint was filed with the director, regardless of whether the	580
director was able to resolve a complaint, and except for an	581
alleged violation of Section 34a of Article II, Ohio Constitution,	582
or division (C) of section 4111.13 of the Revised Code, the	583
attorney general shall not bring an action on behalf of an	584
employee for a violation of a wage law if the employee earns one	585
hundred thousand dollars or more in compensation annually from	586
the employee's employer. An employee, a person acting on behalf	587
of an employee, or an interested party is not required to file a	588
complaint with the director to bring an action under this	589
division.	590

An action arising under this division shall be commenced	591
within three years after the date the alleged violation occurred	592
or the date when the alleged violation ceased if it was of a	593
continuing nature, or within one year after the director sends	594
written notice to the employee of final disposition by the	595
director of a complaint for the same alleged violation under	596
division (B) of this section, whichever is later.	597

No employee shall join as a party plaintiff in any civil	598
action that is brought under this division by an employee, a	599
person acting on behalf of an employee, or a person acting on	600
behalf of all similarly situated employees unless that employee	601
first gives written consent to become such a party plaintiff and	602
that consent is filed with the court in which the action is	603
brought.	604

A civil action regarding an alleged violation of a wage law	605
shall be maintained only under this division. This division does	606
not preclude joining an action commenced under this division and	607
an action commenced under section 4111.10 of the Revised Code	608
into a single civil action.	609

(D) If, in a civil action commenced under division (C) of	610
this section, the court determines that the employer has committed	611
an alleged violation of a wage law, the court shall award the	612
following, as applicable:	613

(1) Back pay owed to each employee injured by the violation;

614

(2) Except as provided in division (D)(3) of this section,	615
damages to each employee injured by the violation in the amount	616
of two times the amount of back pay owed to the employee;	617

(3) For a violation of the retaliation provision of Section	618
34a of Article II, Ohio Constitution, an amount set by the state	619
or court sufficient to compensate the employee and deter future	620
violations, but not less than one hundred fifty dollars for each	621
day that the violation continued.	622

(E) If, in an action commenced under division (C) of this	623
section, the court determines that the employer has committed the	624
alleged violation and if an employee, a person acting on behalf of	625
an employee, or any interested party brought the action, the court	626
shall award the prevailing party costs and attorney's fees. If, in	627
an action commenced under division (C) of this section, the court	628
determines that the employer has committed the alleged violation	629
and if the attorney general brought the action, the court shall	630
award the attorney general costs. If the director investigated a	631
complaint under division (B) of this section, the court shall	632
award the director an amount equal to the reasonable costs	633
incurred by the director in performing the director's duties	634
under division (B) of this section, as determined by the	635
director.	636

(F) The director shall deposit all moneys the director	637
receives under this division into the labor operating fund created	638
in section 121.084 of the Revised Code.	639

(G) Any agreement between an employee and employer to work	640
for less than the wage rate specified in Section 34a of Article	641
II, Ohio Constitution, is no defense to an action under this	642
section. Nothing in this section affects the right of an employer	643
and employee to agree to submit a dispute under this section to	644
alternative dispute resolution, including arbitration, in lieu of	645
maintaining the civil suit authorized by division (C) of this	646
section.	647

Sec. 4111.99.  (A) Whoever violates division (A) or (D) of	648
section 4111.13 of the Revised Code is guilty of a misdemeanor of	649
the fourth degree.	650

(B) Whoever violates division (B) or (C) of section 4111.13	651
of the Revised Code is guilty of a misdemeanor of the third	652
degree.	653

(C) Whoever violates section 4111.17 or 4111.l9 of the	654
Revised Code is guilty of a minor misdemeanor.	655

(D) Whoever violates section 4111.18 of the Revised Code is	656
guilty of a misdemeanor of the first degree.	657

Sec. 4113.99.  (A) Whoever violates section 4113.15 of the	658
Revised Code is guilty of a misdemeanor of the first degree.	659

(B) Whoever violates section 4113.16, 4113.18, or 4113.19 of	660
the Revised Code is guilty of a minor misdemeanor.	661

(C)(B) Whoever violates section 4113.17 of the Revised Code	662
is guilty of a minor misdemeanor for a first offense; for each	663
subsequent offense such person is guilty of a misdemeanor in the	664
fourth degree.	665

Section 2.  That existing sections 1321.32, 2305.11, 4111.14,	666
4111.17, 4111.99, 4113.15, 4113.16, and 4113.99 of the Revised	667
Code are hereby repealed.	668