Legal Alert: Ohio Minimum Wage Increase Effective As Of January 1, 2019

Legal Alert: Ohio Minimum Wage Increase Effective As Of January 1, 2019

As of January 1, 2019, Ohio’s minimum wage has increased to $8.55 per hour for non-tipped employees ($8.30 per hour in 2018) and $4.30 per hour for tipped employees ($4.15 per hour in 2018).

“Non-Tipped Employees” include any employee who does not engage in an occupation in which he/she customarily and regularly receives more than $30.00 per month in tips.  “Tipped Employees” include any employee who engages in an occupation in which he/she customarily and regularly receives more than $30.00 per month in tips. Employers electing to use the tip credit provision must be able to show that tipped employees receive at least the minimum wage when direct or cash wages and the tip credit amount are combined.

Does Ohio’s Minimum Wage Law Apply to Your Company?

Ohio’s minimum wage applies to employers with annual gross receipts of more than $314,000 per year.  Even if your business does not gross more than $314,000 per year, it does not mean you can pay employees whatever you like.  Employers who gross less than $314,000 per year must pay their employees no less than the current federal minimum wage rate of $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees.

Don’t Forget About New Employment Posters.

Employers should also ensure that employment posters in the workplace are current.  The Ohio 2019 Minimum Wage Poster is available for download at www.com.ohio.gov/documents/dico_2019MinimumWageposter.pdf.  The federal minimum wage poster is available for download at www.dol.gov/whd/regs/compliance/posters/flsa.htm.  Additionally, there are numerous online vendors that you can order employment posters. Just make sure you order employment posters for 2019!