The Ohio Department of Administrative Services (DAS), Department of Job and Family Services (DJFS), and other agencies require Ohio employers to comply with various federal and state labor laws. Under these laws, all Ohio employers must conspicuously post several notices. To remain in compliance, Ohio employers of certain sizes or in particular industries may be subject to additional posting requirements.
For a better understanding of Ohio’s posting requirements, let’s start with some of the federal labor laws that govern employers in Ohio. Then, we’ll move on to posting requirements that are specific to Ohio labor law.
Federal Labor Laws Governing Posters in Ohio Workplaces
Equal Employment Opportunity (EEO) Law
The Equal Employment Opportunity Commission (the EEOC), the federal agency designed to protect Americans from workplace discrimination, was established by the Civil Rights Act of 1964. The EEOC is charged with enforcing various EEO laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
What does EEO law mean for Ohio employers?
Employers may not take adverse action against prospective or current employees based on their sex (including pregnancy), race, color, genetic information, national origin, age, disability, or religion. The law requires most employers to post specific EEO posters about employees’ rights, including information about how employees can file a complaint. The goal of these EEO posters (EEO is the Law and EEO is the Law Poster Supplement) is to help employees understand their rights and to improve employer compliance with the law.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA), which applies to private as well as public (federal, state, and local government) employers, was enacted in 1938. The law governs wage and hour issues, establishes the minimum wage, explains employee eligibility for overtime pay, details employer recordkeeping requirements, sets child labor standards, and provides protections for nursing mothers.
What does the FLSA mean for Ohio employers?
The federal minimum wage is $7.25 per hour—an amount that hasn’t been raised since July 2009. To comply with the FLSA’s posting requirements, employers must post information about the federal minimum wage. Many state governments, including Ohio’s, require additional notices about this and other wage and hour issues.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) was enacted in 1993. The law applies to private companies with 50 or more employees, as well as all public employers and all public and private elementary and secondary schools. The goal of the law is to improve work-life balance for employees by allowing them to take unpaid, job-protected leave.
What does the FMLA mean for Ohio employers?
Only certain employees qualify for FLMA leave: those who have been employed by their employer for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of their leave. Under the FMLA, employers must allow qualifying employees up to 12 weeks of unpaid leave for particular circumstances, which include the following:
- For the birth and care of a newborn child of an employee
- For the adoption or foster care placement of a child with an employee
- To care for an employee’s immediate family member who has a serious health condition
- To take medical leave for an employee’s own serious health condition that renders her unable to work
Covered employers must post a notice outlining these employee leave benefits and eligibility requirements.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act of 1994 creates civilian employment rights for active-duty military personnel and veterans. It applies to all private and government employers in the United States, regardless of their size.
What does USERRA mean for Ohio employers?
USERRA creates employment, reemployment, and retention rights for current and former members of the military. In some circumstances, employers will be required to reemploy servicemembers in their civilian jobs after they have completed a tour of duty. The law also prohibits employers from discriminating against servicemembers and veterans.
Ohio Labor Laws with Posting Requirements
Fair Employment Practices (EEO)
The Ohio Civil Rights Act protects employees and applicants of private employers, governments, educational institutions, labor organizations, employment agencies, and personnel placement services from unlawful discriminatory employment practices. Ohio law prohibits discrimination and harassment based on race, color, national origin, ancestry, sex, pregnancy, military status, religion, disability, and age.
How does Ohio’s EEO law affect employers’ posting requirements?
Ohio’s Civil Rights Act requires employers to post a notice explaining equal employment opportunity and enforcement measures.
Minimum Wage Law
The minimum wage in Ohio is $8.55 per hour, as of January 1, 2019, for employers with a gross revenue of $314,000 or more. Those that earn less must follow the federal minimum wage law.
How does Ohio’s minimum wage law affect employers’ posting requirements?
In addition to federal FLSA posting requirements, Ohio law requires employers to post summaries and copies of Ohio’s minimum wage rules.
Child Labor Laws Affecting the Employment of Minors
Ohio imposes special requirements on companies that employ minors ages 14 through 17. These include securing work permits, offering a rest period every 5 hours, and specifying certain hours of work for employees under 16, among other obligations.
How does Ohio’s child labor law affect employers’ posting requirements?
Ohio employers who employ minors must post a summary of the state’s minor labor laws, as well as a list of minors working in that location. The poster must be displayed in an area that all minor employees can access.
Ohio law prohibits smoking in all places of employment and adjacent to workplace entrances and exits. The law further requires employers to prevent tobacco smoke from entering workplaces through doorways, windows, ventilation systems, or any other means.
How does Ohio’s smoking ban affect employers’ posting requirements?
All employers must post a no smoking sign or the international “no smoking” symbol in the workplace, including at every entrance to the building. Each sign must include a number to call for reporting violations.
How to Comply with Ohio Labor Law Posting Requirements
It can be a daunting task to keep up with the latest federal and state posting requirements in Ohio. Fortunately, an all-in-one set of federal and Ohio posters makes it easy for Ohio employers to comply with the most recent updates to the laws.
This blog provides highlights of the mandatory labor law poster requirements in Ohio. Remember that the DAS, DJFS, and other Ohio government agencies may require additional postings, depending on your industry or the size of your business.