Ohio — Wage & Hour

Effective January 1, 2026, Ohio's minimum wage for non-tipped employees is $11.00 per hour. This rate applies to employers with annual gross receipts exceeding $405,000. Employers with gross receipts of $405,000 or less pay the federal minimum wage of $7.25 per hour. The state minimum wage and the gross receipts threshold are adjusted annually on January 1 based on inflation.

Source: Ohio Rev. Code § 4111.02; Ohio Department of Commerce — 2026 Minimum Wage

Ohio requires overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek. The state follows the federal FLSA structure and does not impose a daily overtime trigger; working more than 8 hours in a single day does not by itself require overtime pay unless total weekly hours exceed 40. Ohio does not require double-time pay at any threshold.

Source: Ohio Rev. Code § 4111.03

Effective January 1, 2026, Ohio's minimum cash wage for tipped employees is $5.50 per hour, exactly one-half of the standard minimum wage. This tipped minimum wage applies to employees who customarily and regularly receive tips and who are employed by businesses with annual gross receipts exceeding $405,000. Employers at or below the $405,000 threshold must pay at least the federal minimum wage of $7.25 per hour.

Tip credit mechanics

The $5.50 cash wage is permitted only if the employee's tips, when combined with the employer's cash wage, equal or exceed the full minimum wage of $11.00 per hour for all hours worked. Ohio Constitution Article II, Section 34a states that an employer may pay "not less than half" the minimum wage "if the employer is able to demonstrate that the employee receives tips that combined with the wages paid by the employer are equal to or greater than the minimum wage rate for all hours worked."

If an employee's tips plus the $5.50 hourly cash wage do not reach $11.00 per hour in a given workweek, the employer must make up the difference. The make-whole calculation is performed on a workweek basis; employers cannot average tips across multiple workweeks to satisfy the minimum wage requirement.

Annual adjustment

The tipped minimum wage adjusts automatically each January 1 because it is defined as one-half of the standard minimum wage, which is itself indexed annually to the Consumer Price Index for urban wage earners and clerical workers (CPI-W). The 2026 rate of $5.50 reflects a 2.8% increase from the 2025 rate of $5.35. The Director of Commerce announces the new rates each year, and the state's gross receipts threshold is also adjusted annually by the same CPI-W inflation measure, rounded to the nearest $1,000.

Employer obligations

Employers claiming the tip credit must inform tipped employees of the tip credit arrangement, maintain accurate records of tips received and hours worked for each employee for at least three years, and ensure that total compensation (cash wage plus tips) meets or exceeds the $11.00 hourly minimum for every workweek.

Source: Ohio Const. art. II, § 34a; Ohio Rev. Code § 4111.02; Ohio Department of Commerce — 2026 Minimum Wage

Under Ohio law, a "tipped employee" is defined as an employee engaged in an occupation in which the employee customarily and regularly receives more than $30 per month in tips. This threshold determines whether an employer may pay the reduced tipped minimum wage ($5.50 per hour as of January 1, 2026) instead of the full standard minimum wage ($11.00 per hour for employers with annual gross receipts exceeding $405,000).

Ohio does not establish its own tipped-employee definition in statute; instead, Ohio Rev. Code § 4111.02(C) (now superseded by the constitutional provision but historically applicable) references the federal Fair Labor Standards Act standards for tipped employees. Ohio's constitutional minimum wage provision in Article II, Section 34a permits employers to pay "not less than half" the minimum wage to employees who receive tips, thereby adopting the federal framework. The federal FLSA defines "tipped employee" at 29 U.S.C. § 203(t) as "any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips."

Individual threshold, not group average

The $30 monthly threshold applies on an individual basis. An employee must personally receive more than $30 per month in tips to qualify as a tipped employee; the fact that the employee works as part of a group (such as a team of servers) that collectively receives tips exceeding $30 per month does not qualify the individual employee. Each employee's own tip receipts control. A newly hired server, for example, does not automatically qualify as a tipped employee merely because other servers at the establishment receive the requisite tip amounts.

"Customarily and regularly" standard

The employee must receive tips exceeding $30 per month on a customary and regular basis, not sporadically or occasionally. "Customarily and regularly" signifies a frequency greater than occasional but potentially less than constant. An employee who normally and recurrently receives more than $30 per month in tips remains a tipped employee even if, due to sickness, vacation, or seasonal fluctuations, the employee fails to receive $30 in tips in a particular month. Conversely, an employee who only occasionally or sporadically receives tips totaling more than $30 per month—such as during December holiday periods when customers may be unusually generous—will not qualify as a tipped employee under the FLSA and Ohio standards.

Tips only, not service charges

Only voluntary tips count toward the $30 monthly threshold. Mandatory service charges imposed by the employer are not considered "tips" under the FLSA; they are treated as employer revenue. If an employee receives distributions from mandatory service charges but does not receive at least $30 per month in non-compulsory tips, the employee does not qualify as a tipped employee and must be paid the full minimum wage.

Employer obligations when threshold not met

If an employee does not meet the $30 monthly threshold—whether because tips are insufficient or because the employee does not customarily and regularly receive tips—the employer must pay the full standard minimum wage ($11.00 per hour for covered employers in 2026) for all hours worked. The employer may not claim a tip credit for any hours worked by that employee during the month in which the threshold is not met.

Source: 29 U.S.C. § 203(t); 29 C.F.R. § 531.56; Ohio Const. art. II, § 34a; Ohio Rev. Code § 4111.02

Ohio's overtime exemptions are defined by two mechanisms: (1) incorporation by reference of all federal FLSA exemptions, and (2) a set of Ohio-specific exclusions from the definition of "employee" that are not subject to the overtime requirement.

FLSA exemptions incorporated by reference

Ohio Rev. Code § 4111.03(A) requires employers to pay overtime at 1.5 times the regular rate for hours over 40 in a 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." This language incorporates the entire FLSA exemption framework, including:

• Executive, administrative, and professional exemptions under 29 U.S.C. § 213(a)(1) and 29 C.F.R. Part 541. Employees who meet both the salary-basis test ($684 per week as of the most recent federal threshold) and the duties test for executive, administrative, or professional roles are exempt from Ohio overtime. Ohio does not impose a higher state salary threshold; the federal floor controls.

• Outside sales employees compensated by commissions, also under 29 U.S.C. § 213(a)(1).

• All other FLSA § 7 and § 13 exemptions, including computer professionals (29 U.S.C. § 213(a)(17)), highly compensated employees (29 C.F.R. § 541.601), certain commissioned retail or service employees (29 U.S.C. § 207(i)), and industry-specific exemptions for transportation workers subject to the Secretary of Transportation's jurisdiction (29 U.S.C. § 213(b)(1)), seasonal amusement or recreational establishments (29 U.S.C. § 213(a)(3)), and others.

Because Ohio incorporates FLSA exemptions "as amended," changes to federal salary thresholds, duties tests, or the list of exempt categories automatically apply in Ohio without separate state rulemaking. An employee who is overtime-exempt under the FLSA is also exempt under Ohio law.

Ohio-specific exclusions

In addition to the FLSA exemptions, Ohio Rev. Code § 4111.03(D)(3) excludes certain categories of workers from the definition of "employee" for purposes of the overtime statute. These exclusions mean the individuals are not covered by Ohio's overtime law at all, regardless of whether they would be exempt under the FLSA. The Ohio-specific exclusions are:

• Agricultural workers. Ohio Rev. Code § 4111.03(A) states: "Any employee employed in agriculture shall not be covered by the overtime provision of this section." This exclusion is separate from and in addition to the FLSA agricultural exemption under 29 U.S.C. § 213(b)(12).

• Babysitters in the employer's home and live-in companions to a sick, convalescing, or elderly person whose principal duties do not include housekeeping. Ohio Rev. Code § 4111.03(D)(3)(b).

• Individuals engaged in the delivery of newspapers to the consumer. Ohio Rev. Code § 4111.03(D)(3)(c).

• Members of a police or fire protection agency, or students employed on a part-time or seasonal basis by a political subdivision of Ohio. Ohio Rev. Code § 4111.03(D)(3)(f).

• Individuals in the employ of a camp or recreational area for children under 18 owned and operated by a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code and exempt from income tax under Section 501(a). Ohio Rev. Code § 4111.03(D)(3)(g).

• Individuals employed directly by the Ohio House of Representatives or Senate. Ohio Rev. Code § 4111.03(D)(3)(h).

• Individuals who work or provide personal services of a charitable nature in a hospital or health institution for which compensation is not sought or contemplated. Ohio Rev. Code § 4111.03(D)(3)(e).

• Owner-operators of vehicles or vessels performing services for a motor carrier transporting property, provided the individual meets a seven-factor test demonstrating independent-contractor status, including: owning or leasing the vehicle under a bona fide lease; being responsible for supplying the necessary personal services to operate the vehicle; having a written contract describing the relationship as independent contractor; being responsible for substantially all principal operating costs (maintenance, fuel, repairs, supplies, vehicle insurance, and personal expenses, though the carrier may pay fuel surcharges and incidental costs like tolls, permits, and lumper fees); and being responsible for economic loss or gain from the arrangement. Ohio Rev. Code § 4111.03(D)(3)(i). Motor carriers may elect to apply the overtime provision to individuals who otherwise meet this exclusion. Ohio Rev. Code § 4111.03(A).

Employer coverage threshold

Ohio's overtime statute applies only to employers with annual gross sales of at least $150,000, exclusive of separately stated retail-level excise taxes. Ohio Rev. Code § 4111.03(D)(2)(a). Employers below this threshold are not subject to the state overtime requirement but may still be covered by the federal FLSA if they meet federal enterprise or individual coverage tests (generally $500,000 in annual gross volume for enterprise coverage, or individual employees engaged in interstate commerce).

No Ohio-specific variations to white-collar duties tests

Ohio law does not define the executive, administrative, or professional exemptions independently. Instead, Ohio Rev. Code § 4111.03(D)(3)(d) cross-references the FLSA definitions "as such terms are defined by the 'Fair Labor Standards Act of 1938,' 52 Stat. 1060, 29 U.S.C.A. 201, as amended." Consequently, the federal duties tests codified at 29 C.F.R. §§ 541.100 (executive), 541.200 (administrative), 541.300 (professional), 541.400 (computer employee), and 541.500 (outside sales) apply without modification in Ohio. There is no separate Ohio administrative code or regulation interpreting or varying these tests.

Source: Ohio Rev. Code § 4111.03

Ohio requires employers to pay employees under the age of 16 the federal minimum wage of $7.25 per hour, not the higher state minimum wage. This rule applies regardless of the employer's annual gross receipts. Workers under 16 do not receive the $11.00 per hour state minimum wage that applies to most employees of larger employers.

Constitutional mandate

Ohio Constitution Article II, Section 34a provides that "employees under the age of sixteen...shall be paid a wage rate of not less than that established under the federal Fair Labor Standards Act or its successor law." Because the federal FLSA minimum wage is currently $7.25 per hour under 29 U.S.C. § 206(a)(1)(C), Ohio employers must pay at least $7.25 to every employee under age 16, but need not pay the $11.00 state rate that would otherwise apply to employees of businesses with annual gross receipts exceeding $405,000.

The under-16 rule is categorical. It does not depend on the employer's size, the employee's job duties, the employee's tip status, or any other factor. A large employer with gross receipts far exceeding $405,000—one that must pay $11.00 per hour to its adult and older-teen workforce—may pay its 14- and 15-year-old employees the federal minimum of $7.25 per hour.

Interaction with employer-size threshold

Ohio's general minimum-wage structure creates two tiers: employers with annual gross receipts exceeding $405,000 must pay $11.00 per hour (as of January 1, 2026), while employers at or below the $405,000 threshold may pay the federal $7.25 minimum. The under-16 exception effectively places all youth workers in the lower tier. A 15-year-old working for a $10 million annual-revenue retailer is entitled only to $7.25 per hour, the same rate paid to adult employees of a $300,000 annual-revenue business.

This treatment differs from the employer-size rule. Adult employees of small employers (those at or below $405,000 in annual gross receipts) receive the federal minimum because their employer falls under the constitutional threshold; employees under 16 receive the federal minimum because of their age, without regard to employer size.

Age 16 as the threshold

Employees who turn 16 become entitled to the full applicable state or federal minimum wage based on their employer's gross receipts. Ohio law does not provide a training wage, youth subminimum wage, or any other age-based discount for workers aged 16 and older. A worker who turns 16 mid-employment immediately becomes entitled to the $11.00 rate (if employed by a covered large employer) starting on the employee's 16th birthday.

The federal FLSA permits employers to pay workers under age 20 a training wage of $4.25 per hour for the first 90 consecutive calendar days of employment (29 U.S.C. § 206(g)), but Ohio's constitutional provision does not recognize or adopt this federal training-wage allowance for workers aged 16 and older. An Ohio employer using the federal training wage for a 17-year-old employee would violate Ohio Constitution Article II, Section 34a if the employer's gross receipts exceed $405,000, because the employer would be paying less than the $11.00 state minimum without meeting the under-16 age criterion. The under-16 rule is the only age-based wage discount available under Ohio law.

Tip credit and tipped employees under 16

The constitutional provision permitting employers to pay tipped employees "not less than half" the minimum wage (the tip-credit provision) does not exempt employees under 16 from its application. An employee under 16 who qualifies as a tipped employee under the federal FLSA standard (receives more than $30 per month in tips) may be paid a reduced cash wage, but the floor for that reduced wage is one-half of the federal minimum—$3.625 per hour—not one-half of the state minimum. The employer must still ensure that the employee's tips combined with the cash wage equal or exceed the federal minimum of $7.25 per hour.

Ohio's official 2026 minimum wage poster, published by the Ohio Department of Commerce, confirms this reading: "Employees under the age of 16 shall be paid no less than the current federal minimum wage rate," with the current federal minimum stated as $7.25 per hour. The poster does not create a separate tipped-employee line for workers under 16, indicating that the tip-credit mechanics apply but are calculated from the $7.25 base rather than the $11.00 base.

No exemption from coverage

The under-16 rule does not exempt young workers from minimum-wage coverage; it sets a lower floor. Employees under 16 remain "employees" under Ohio Constitution Article II, Section 34a and are entitled to the wage protections, anti-retaliation provisions, record-keeping rights, and enforcement mechanisms guaranteed by the constitutional amendment. Employers who pay under-16 employees less than $7.25 per hour (or less than the tip-credit-adjusted equivalent for tipped employees) violate the state constitution and are subject to the treble-damages remedy (back wages plus an additional two times the back wages), attorney's fees, and the $150-per-day anti-retaliation penalty for any retaliatory discharge or discipline.

Source: Ohio Const. art. II, § 34a; 29 U.S.C. § 206; Ohio Department of Commerce — 2026 Minimum Wage Poster

Ohio does not require employers to provide meal breaks or rest breaks to employees aged 18 or older. Employers may require adult employees to work an entire shift—including shifts of 8, 10, or 12 hours—without providing any meal period or rest break, and no state law prohibits this practice. Whether to offer breaks to adult workers is entirely within the employer's discretion, subject to any company policy, collective bargaining agreement, or employment contract the employer has adopted.

Minors — 30-minute break after five consecutive hours

Ohio Rev. Code § 4109.07(C) requires employers to provide employees under age 18 with a rest period of at least 30 minutes when the minor works more than five consecutive hours. The statute states: "No employer shall employ a minor more than five consecutive hours without allowing the minor a rest period of at least thirty minutes."

The break must be provided after—not during or instead of—the fifth consecutive hour of work. A minor who works exactly five hours is not entitled to the break; the requirement is triggered only when the shift exceeds five consecutive hours. For example, a minor scheduled to work from 3:00 p.m. to 9:00 p.m. (six hours) must receive at least a 30-minute break at some point during the shift.

The 30-minute break may be unpaid, provided the minor is completely relieved of all work duties during that time. If the employer requires the minor to remain on duty, answer phones, monitor equipment, or perform any work-related task during the break, the break time must be paid as hours worked under federal Fair Labor Standards Act principles. Ohio Rev. Code § 4109.11 requires employers to maintain time records for all minor employees showing "the hours of beginning and ending work, the hours of beginning and ending meal periods," and these records must be kept for at least two years.

The meal-break rule applies to all minors under age 18, without regard to occupation, industry, or the employer's size. There is no exception for part-time workers, student employees, or family businesses.

Adults — no state law requirement

For employees aged 18 and older, Ohio law is silent. The state has no statute or regulation requiring meal periods or rest breaks for adult workers in private employment. Employers are free to establish their own policies. Many employers voluntarily provide breaks—recognizing that rest and meal periods improve morale, productivity, and employee retention—but the decision is not compelled by Ohio wage-and-hour law.

Federal FLSA rules on break compensation

Although the federal Fair Labor Standards Act does not require employers to offer breaks of any duration, it does regulate how breaks must be compensated when an employer chooses to provide them. These federal rules apply in Ohio:

• Short rest breaks (typically 5 to 20 minutes) must be counted as hours worked and paid at the employee's regular rate. The U.S. Department of Labor's regulation at 29 C.F.R. § 785.18 provides: "Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time."

• Bona fide meal periods (ordinarily 30 minutes or longer) may be unpaid if the employee is completely relieved from duty for the purpose of eating a meal. The employee must be free to leave the workstation and must not perform any work duties, whether active or inactive. An employee who eats lunch at her desk while answering the phone, reviewing emails, or waiting for deliveries must be paid for that time; the break is not a bona fide meal period. 29 C.F.R. § 785.19.

These federal FLSA compensation rules apply to both adult and minor employees in Ohio. The Ohio minor-break statute (Ohio Rev. Code § 4109.07(C)) establishes the requirement that minors receive a 30-minute break after five consecutive hours; federal law governs whether that break, once provided, must be paid.

No rest break mandate for minors

Ohio Rev. Code § 4109.07(C) uses the phrase "rest period," but the statute mandates only a single 30-minute break after five consecutive hours of work. Ohio law does not require employers to provide separate short rest breaks (such as 10- or 15-minute breaks) to minors, nor does it require multiple meal periods for shifts longer than a certain number of hours. A minor who works a 10-hour shift is entitled to at least one 30-minute break, but the statute does not mandate a second break even though the shift exceeds 10 hours.

Employers who choose to provide short rest breaks to minors—whether as a matter of policy or practice—must pay for those breaks under the federal rule at 29 C.F.R. § 785.18 if the breaks last 20 minutes or less.

Nursing mothers — federal accommodation requirement

Although Ohio has no state-law meal-break requirement for adults, federal law imposes a limited break obligation for nursing mothers. Section 7(r) of the Fair Labor Standards Act, added by the Patient Protection and Affordable Care Act in 2010 and expanded by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) in 2022, requires employers to provide reasonable break time for nonexempt employees to express breast milk for a nursing child for one year after the child's birth. The employer must also provide a private space, other than a bathroom, that is shielded from view and free from intrusion.

The break time need not be paid unless the employee is not completely relieved from duty or the employer already provides compensated breaks that the employee can use for expressing milk. Employers with fewer than 50 employees are not subject to the requirement if compliance would impose an undue hardship. 29 U.S.C. § 207(r).

This federal nursing-mother accommodation applies in Ohio regardless of the absence of a state meal-break law.

Source: Ohio Rev. Code § 4109.07; Ohio Rev. Code § 4109.11; 29 C.F.R. § 785.18; 29 C.F.R. § 785.19; 29 U.S.C. § 207(r)