130th Ohio General Assembly
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H. B. No. 360  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 360


Representatives Foley, Hagan, R. 

Cosponsors: Representatives Ashford, Patterson, Antonio 



A BILL
To amend sections 4111.03 and 4111.10 and to enact section 4113.75 of the Revised Code to require treble wages for retail employees who work during the Thanksgiving holiday and to prohibit a retail employer from adversely affecting the employment status, wages, hours, or employment conditions of a retail employee because the retail employee refuses to work on Thanksgiving day.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 4111.03 and 4111.10 be amended and section 4113.75 of the Revised Code be enacted to read as follows:
Sec. 4111.03.  (A) An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's wage rate for hours worked in excess of forty hours in one workweek, in the manner and methods provided in and subject to the exemptions of section 7 and section 13 of the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
Any employee employed in agriculture shall not be covered by the overtime provision of this section.
(B) If a county employee elects to take compensatory time off in lieu of overtime pay, for any overtime worked, compensatory time may be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior within one hundred eighty days after the overtime is worked.
(C) A county appointing authority with the exception of the county department of job and family services may, by rule or resolution as is appropriate, indicate the authority's intention not to be bound by division (B) of this section, and to adopt a different policy for the calculation and payment of overtime than that established by that division. Upon adoption, the alternative overtime policy prevails. Prior to the adoption of an alternative overtime policy, a county appointing authority with the exception of the county department of job and family services shall give a written notice of the alternative policy to each employee at least ten days prior to its effective date.
(D)(1) Except as provided in divisions (D)(2) and (3) of this section, a retail employer shall pay each of the retail employer's retail employees for time worked on Thanksgiving day and time worked on the day after Thanksgiving at a wage rate of three times the employee's wage rate.
(2) A retail employer shall not be required to pay treble wages for time worked by a retail employee on the day after Thanksgiving, as otherwise required under division (D)(1) of this section, if the retail establishment where the retail employee is employed is not open for business on that day any earlier than the establishment normally would be open for business on a Friday.
(3) A retail employer shall not be required to pay treble wages to an employee who works on Thanksgiving day or on the day after Thanksgiving, if that employee is covered by a collective bargaining agreement that does not require the employee to be paid at that wage rate.
(E) As used in this section:
(1) "Employ" means to suffer or to permit to work.
(2) "Employer" means the state of Ohio, its instrumentalities, and its political subdivisions and their instrumentalities, any individual, partnership, association, corporation, business trust, or any person or group of persons, acting in the interest of an employer in relation to an employee, but does not include an employer whose annual gross volume of sales made for business done is less than one hundred fifty thousand dollars, exclusive of excise taxes at the retail level which are separately stated.
(3) "Employee" means any individual employed by an employer but does not include:
(a) Any individual employed by the United States;
(b) Any individual employed as a baby-sitter in the employer's home, or a live-in companion to a sick, convalescing, or elderly person whose principal duties do not include housekeeping;
(c) Any individual engaged in the delivery of newspapers to the consumer;
(d) Any individual employed as an outside salesperson compensated by commissions or employed in a bona fide executive, administrative, or professional capacity as such terms are defined by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended;
(e) Any individual who works or provides personal services of a charitable nature in a hospital or health institution for which compensation is not sought or contemplated;
(f) A member of a police or fire protection agency or student employed on a part-time or seasonal basis by a political subdivision of this state;
(g) Any individual in the employ of a camp or recreational area for children under eighteen years of age and owned and operated by a nonprofit organization or group of organizations described in Section 501(c)(3) of the "Internal Revenue Code of 1954," and exempt from income tax under Section 501(a) of that code;
(h) Any individual employed directly by the house of representatives or directly by the senate.
(4) "Retail employee" means an individual employed at a retail establishment.
(5) "Retail employer" means an employer who employs at least one individual at a retail establishment.
(6) "Retail establishment" means a place of business open to the general public for the sale of goods or services.
Sec. 4111.10.  (A) Any employer who pays any employee less than wages to which the employee is entitled under section 4111.03 of the Revised Code, is liable to the employee affected for the full amount of the overtime wage rate wages to which the employee is entitled under section 4111.03 of the Revised Code, less any amount actually paid to the employee by the employer, and for costs and reasonable attorney's fees as may be allowed by the court. Any agreement between the employee and the employer to work for less than the overtime wage rate wages to which an employee is entitled under section 4111.03 of the Revised Code is no defense to an action.
(B) At the written request of any employee paid less than the wages to which the employee is entitled under section 4111.03 of the Revised Code, the director of commerce may take an assignment of a wage claim in trust for the assigning employee and may bring any legal action necessary to collect the claim. The employer shall pay the costs and reasonable attorney's fees allowed by the court.
Sec. 4113.75.  (A) As used in this section, "retail employee" and "retail employer" have the same meanings as in section 4111.03 of the Revised Code.
(B) Except as provided in division (C) of this section, no retail employer shall adversely affect the employment status, wages, hours, or employment conditions of a retail employee because the retail employee refuses to work on Thanksgiving day.
(C) This section does not apply to a retail employee covered by a collective bargaining agreement.
Section 2.  That existing sections 4111.03 and 4111.10 of the Revised Code are hereby repealed.
Section 3.  Section 4111.03 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 187 and Am. Sub. H.B. 690 of the 126th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.
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