Ohio Minimum Wage Increase
Effective on January 1st, 2023, Ohio’s minimum wage has increased to $10.10 per hour for non-tipped employees and $5.05 per hour for tipped employees. This applies to businesses with annual gross receipts of $372,000 or more per year. The increase of 80 cents an hour (40 cents for untipped employees) is the largest wage increase Ohio has seen in over 15 years. This amounts to an extra 32 dollars for each 40 hour work week. In comparison, the current federal minimum wage remains $7.25 an hour.
The large increase is mandated by the 2006 amendment to Ohio’s constitution that raises the state’s minimum wage each year based on the Consumer Price Index. The effect of this amendment is that minimum wage rises to meet inflation. The consumer price index from September 2021 to August 2022 was 8.7%.
Many employers have already been increasing pay to attract workers during this strong labor market, so the increase in minimum wage will probably not have a large impact. Even smaller companies that are not legally required to pay minimum wage are often forced to keep up with increasing wages in order to avoid losing their workers.
Workplace Discrimination Poster Updated
In October 2022, The Equal Employment Opportunity Commission (“EEOC”) updated their required poster on workplace discrimination, now called: “Know Your Rights: Workplace Discrimination is Illegal.” The new poster can be found here: https://www.eeoc.gov/poster.
The new poster uses plain language and bullets for comfortable reading, and makes it easy for employees to contact the EEOC for information and assistance. It is available in English and Spanish, and can be downloaded for free in HTML or PDF format,
Notable changes from the prior version include:
- Using straightforward language and formatting.
- Noting that harassment is a prohibited form of discrimination.
- Clarifying that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
- Providing information about equal pay discrimination for federal contractors.
- Added a QR code to access EEOC’s website on how to file a charge.
Employers who are not certain about what posters they are required to have can use the EEOC website’s online tool, the FirstStep Poster Advisor, located here: elaws – FirstStep Poster Advisor (dol.gov). Generally, employers that are subject to other equal employment opportunity laws (such as the ADA, the Equal Pay Act, and Title VII) are required to post this new notice as well.
Post it in a place that is:
- A conspicuous location
- Easily accessible for those with low mobility or other disabilities (ADA requirement)
- Consider posting online (as a supplement to in person posting, or alone if all workers are remote)
Summary
Employers are required to post the new minimum wage of $10.10 per hour in an easily visible space, such as an employee break room, common area, or HR office. Employers should update their postings right away to be in compliance. Employers who do not have the required workplace discrimination poster will be subject to fines for noncompliance, so go to EEOC’s website and get your posters updated as soon as possible. Make sure to post in a conspicuous location that is also accessible to those with disabilities. Any questions? Contact one of our labor and employment attorneys to discuss these legal changes and how your business might be impacted.