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Previous Updates
Cuyahoga County Discrimination Ordinance Amendment 
This month, the Cuyahoga County, Ohio, discrimination ordinance was amended to specify that discrimination based on race includes discrimination based on a hair texture or hairstyle that is commonly associated with a particular race or national origin. The ordinance applies to employers with four or more employees within Cuyahoga County.
- Inquiring about a job applicant's salary history;
- Screening an applicant based on their current or prior salary;
- Relying solely on a job applicant's salary history in deciding whether to hire the applicant or determining their salary; or
- Refusing to hire or otherwise retaliate against an applicant for not disclosing their salary history.
Bill Text: OH HB96 | 2025-2026 | 136th General Assembly | Enrolled | LegiScan
- Each representative of an affected employee or, if there is no representative, each affected employee;
- The Ohio Department of Job and Family Services (ODJFS); and
- The chief elected official of the unit of local government within which the plant closing or mass layoff is to occur.
- The location of the facility affected by the plant closing or mass layoff;
- A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
- The expected date when the plant closing or mass layoff will begin and the anticipated date on which the employees' employment will end; and
- The total number of employees affected by the plant closing or mass layoff, including employees' job titles or positions and any department or division impacted.
- A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
- The expected date when the plant closing or mass layoff will begin and the anticipated date on which the employees' employment will end;
- Whether an employee has bumping rights or other reemployment rights under a collective bargaining agreement or company policy, including any procedures for exercising those rights;
- Information on how to access unemployment insurance benefits and other assistance programs;
- The name, title and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
- Information about any available services for an affected employee, including job placement assistance, retraining programs or counseling services.
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A description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for affected employees;
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The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization; and
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A copy of the notice provided to affected employees or their representatives, as applicable.
- Ohio Minor Labor Laws Poster
- Ohio Minimum Wage Poster
- Ohio Fair Employment Practices Poster
- Ohio Public Contractor Prevailing Wage Notice Poster
- Ohio Rebuttable Presumption Notice
- PERRP Safety and Health Poster
The definitions of uniformed services and service in the uniformed services under Ohio military leave law are amended to include the US Space Force. Accordingly, any person who is absent from work due to service in the US Space Force will have reinstatement and reemployment rights under Ohio military leave law.
- Inquiring into the salary history of job applicants;
- Screening job applicants based on current or prior pay, benefits or other compensation;
- Relying solely on an applicant's salary history to decide whether to offer employment or to determine the salary, benefits or other compensation to offer; and
- Refusing to hire or otherwise retaliating against an applicant for not disclosing salary history.
On election day, Ohio voters passed Issue 2, legalizing recreational marijuana use. The new law does not require employers to permit or accommodate an employee’s use and employers are not prohibited from refusing to hire, discharging, disciplining, or taking an adverse action against an employee. The new law also permits employers to continue enforcing drug testing policies, drug-free workplace policies, and zero-tolerance drug policies. For unemployment compensation purposes, an employer has “just cause” to terminate an employee for use of marijuana in violation of the employer’s policy.
Effective April 6, 2023, Ohio's crime victim leave statute is amended to add a new qualifying reason for crime victim leave. In addition, a subpoena is no longer required before employees may take crime victim leave to attend a proceeding for the purpose of protecting the interests of the victim. The amendments also remove the provision stating that crime victim leave may be unpaid.
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Revising the definition of electronic wireless communications device;
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Broadening prohibited uses of an electronic wireless communications device while driving;
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Adding other circumstances under which drivers may use an electronic wireless communications device; and
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Making the use of an electronic wireless communications device while driving a primary offense for adult drivers.
Effective July 6, 2022, Ohio's overtime law is amended to align with the federal FLSA and exempt employers from having to pay employees overtime for any time outside of normal working hours that is spent:
- Walking, riding or traveling to and from the actual place where they perform their principal activities;
- Performing activities that are preliminary to or postliminary to their principal activities; or
- Performing activities requiring insubstantial or insignificant periods of time beyond their scheduled working hours.
You can read the full text of the law here.
Employment Discrimination Law Modifications
Effective April 15, 2021, the Employment Law Uniformity Act streamlines and modifies a number of provisions of Ohio's employment discrimination laws.
Specifically, the law:
- Simplifies the treatment of age discrimination claims;
- Shields supervisors and managers from personal liability for discriminatory employment practices, unless they are also the employer;
- Allows an employer to raise an affirmative defense against certain hostile work environment sexual harassment claims;
- Reduces the statute of limitations for employment discrimination claims from six years to two years;
- Requires individuals to file a charge with the Ohio Civil Rights Commission and obtain a notice of right to sue before filing an employment discrimination lawsuit; and
- Establishes a cap on certain types of damages for employment discrimination claims
Employers may have an affirmative defense if they maintained an effective harassment policy; educated employees about the policy and complaint procedures; exercised reasonable care to prevent or promptly correct harassing behavior; and the complainant failed to utilize the complaint procedures, or other preventive or corrective opportunities provided by the employer.
Employers should take this opportunity to review their policies and procedures and reach out to their FrankAdvice HR Consultant for assistance as needed.
December 2020
Columbus Wage Theft Ordinance
Effective January 1, 2021, the Wage Theft Ordinance authorizes the City and the Columbus Wage Theft Prevention and Enforcement Commission (the Commission) to investigate and penalize wage theft, payroll fraud and worker misclassification. The ordinance applies to:
- All City contracts for goods and services;
- Any business that registers with the City as a vendor to the City; and
- All financial incentive agreements with the City, including tax incentives, tax abatements, tax credits, other financial incentives, and commercial loans or grants or land conveyances for less than fair market value.
