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H. B. No. 360 As IntroducedAs Introduced
|130th General Assembly|
Representatives Foley, Hagan, R.
Representatives Ashford, Patterson, Antonio
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
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
(c) Any individual engaged in the delivery of newspapers to
(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
(h) Any individual employed directly by the house of
representatives or directly by the senate.
(4) "Retail employee" means an individual employed at a
(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
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