Ohio has constitutional minimum wage protections that increase annually with inflation, and the Ohio Prompt Pay Act sets specific deadlines for wage payments. Workers who are underpaid have both state and federal remedies available.
Minimum Wage in Ohio (2025)
Ohio’s minimum wage is $10.45 per hour for non-tipped employees and $5.25 per hour for tipped employees as of January 1, 2025. Ohio’s minimum wage is set by the state constitution (Article II, Section 34a) and adjusts annually based on the Consumer Price Index.
Small employers. Businesses with annual gross receipts of $385,000 or less pay the federal minimum wage of $7.25 per hour. Most Ohio workers are covered by the higher $10.45 rate.
Tipped employees. Tipped employees can be paid $5.25 per hour if tips bring their total hourly compensation to at least $10.45. If tips fall short in any workweek, the employer must make up the difference.
No local minimums. Ohio law preempts local governments from setting minimum wages above the state rate.
Overtime Pay in Ohio
Ohio follows the federal FLSA overtime standard: 1.5 times the regular rate for all hours over 40 in a workweek. Ohio does not have a daily overtime requirement.
Ohio’s Minimum Fair Wage Standards Act. Ohio’s state overtime law generally mirrors the FLSA but applies to some employers not covered by federal law. For most workers, the FLSA and Ohio law provide identical overtime protections.
Common Ohio violations. Manufacturing, logistics, and healthcare industries in Ohio generate significant overtime claims, particularly for: misclassification of production supervisors and lead workers as exempt, failure to include shift differentials and bonuses in the regular rate for overtime calculations, and off-the-clock work for pre-shift equipment checks in manufacturing.
Ohio Prompt Pay Act
Ohio’s Prompt Pay Act (Ohio Revised Code Chapter 4113) sets the rules for when wages must be paid:
Pay frequency. Ohio employers must pay employees at least semi-monthly (twice per month) or on a more frequent schedule if required by the employment agreement.
Final paychecks. When employment ends, Ohio requires the final paycheck to be paid on the first regular payday after the last day of work, or within 15 days, whichever comes first.
| Separation Type | Deadline |
|---|---|
| Any separation | First regular payday or within 15 days, whichever is first |
Penalties for late wages. Under the Ohio Prompt Pay Act, employers who fail to pay wages on time are liable for the unpaid wages plus 6% interest per year on the unpaid amount, plus reasonable attorney fees if you prevail in court.
Ohio’s Wage Theft Law (HB 494)
Ohio enacted HB 494 in 2014, significantly strengthening wage theft enforcement. Key provisions:
Criminal penalties for employers. Intentional wage theft by an employer is a criminal offense in Ohio. Stealing less than $1,000 in wages is a misdemeanor; stealing $1,000 to $7,500 is a fifth-degree felony; stealing more than $7,500 is a fourth-degree felony. Employers who willfully underpay workers face both civil liability and potential prosecution.
Enhanced civil remedies. Workers can recover unpaid wages plus twice the amount of unpaid wages as liquidated damages (effectively tripling the total recovery) if the employer acted willfully.
Retaliation protection. Ohio law prohibits retaliation against workers who report wage violations or assist in investigations.
Real Situations: Common Ohio Wage Disputes
Auto industry piece-rate and production bonuses. Ohio’s large automotive manufacturing sector produces many wage theft cases involving piece-rate workers whose effective hourly wage falls below minimum wage during slow production periods, and production bonuses that employers fail to include when calculating the regular rate for overtime purposes.
Home care worker travel time. Ohio has a large home health care industry. Workers who travel between clients during their workday are entitled to be paid for that travel time — it is compensable work time under the FLSA. Many Ohio home care agencies pay workers only while they are in a client’s home, illegally excluding inter-client travel time.
Shift differential exclusions from overtime. Ohio manufacturing workers frequently receive shift differentials for working evening or overnight shifts. Under both federal and Ohio law, these differentials must be included in the “regular rate” used to calculate overtime. Employers that pay straight overtime on the base wage while excluding differentials are underpaying overtime.
Common Mistakes Ohio Workers Make
Not filing under Ohio’s enhanced liquidated damages. Workers who file only FLSA claims recover unpaid wages plus an equal amount in liquidated damages (doubling recovery). But Ohio’s wage theft law can provide tripling of the recovery for willful violations. Failing to plead Ohio law claims alongside FLSA claims leaves money on the table.
Missing Ohio’s criminal reporting option. Ohio workers whose employers intentionally stole wages can report the matter to local prosecutors or the Ohio Attorney General as a criminal matter. While criminal prosecution does not directly result in civil recovery, it creates pressure on employers to settle civil claims and can result in restitution orders.
Waiting on the statute of limitations. Ohio’s statute of limitations for wage claims is 2 years (state law) — shorter than the FLSA’s 3-year period for willful violations. Workers in Ohio should always file federal FLSA claims alongside state claims to preserve the longer federal limitations period.
How to File a Wage Claim in Ohio
Option 1 — Ohio Department of Commerce, Division of Labor and Worker Safety. File a wage complaint at com.ohio.gov/divisions/labor-worker-safety. The division investigates minimum wage, overtime, and prevailing wage violations.
Option 2 — Department of Labor (FLSA). File with the federal Wage and Hour Division at dol.gov/agencies/whd/contact. Free investigation with a 2–3 year statute of limitations.
Option 3 — Civil lawsuit. Sue in Ohio Common Pleas Court for Prompt Pay Act and wage theft violations. Enhanced damages for willful violations can triple recovery. Ohio small claims court handles claims up to $6,000 without a lawyer.
Option 4 — Criminal complaint. For intentional wage theft, file a report with local law enforcement or contact the Ohio Attorney General’s office.
Statute of Limitations
| Claim Type | Limitation Period |
|---|---|
| Ohio Prompt Pay Act | 2 years |
| Ohio Minimum Wage | 2 years |
| FLSA (federal, non-willful) | 2 years |
| FLSA (federal, willful) | 3 years |
| Ohio breach of written contract | 6 years |
Related Guides
- Employment Rights Guide — federal wage and overtime rules that apply in Ohio alongside state law
- Ohio Small Claims Court — sue for unpaid wages up to $6,000 without a lawyer
- Ohio Eviction Notice Requirements — tenant protections for Ohio renters
- Ohio Security Deposit Laws — your rights as an Ohio renter
- Ohio Tenant Rights Guide — complete tenant rights guide for Ohio renters
This article is for informational purposes only and does not constitute legal advice. Ohio wage laws change frequently. Always verify current rules at com.ohio.gov or consult a licensed Ohio employment attorney. Last reviewed: March 2026.