Ohio - Workers’ Rights

Definition of agricultural worker under state law:

“Agriculture” is defined at Ohio Rev. Code Ann. § 1.61

Wages and Overtime

Minimum Wage

• There is a state minimum wage law. (Ohio Rev. Code § 4111.02 (ORC) and Oh. Const. Art. II, § 34a) 
• The current state minimum wage is $10.10 and applies to businesses with annual gross receipts of at least $371,000 effective Jan. 1, 2023, through Dec. 31, 2023.
• If not covered by the Ohio minimum wage law, the minimum wage is the federal minimum wage, currently $7.25/hr. The federal minimum wage is also applicable to 14 and 15 year olds.
• There are multiple wage rates for different occupations.
• The minimum wage rate is indexed and recalculated on an annual basis at the end of September and announced to start on January 1st of following year.
• Changes are effective the first day of the following January by the rate of inflation for the twelve month period prior to that September, according to the CPI. 
• Agricultural workers are covered by the state minimum wage on the same terms as other workers, unless the worker is exempt from the minimum wage provisions of the federal Fair Labor Standards Act (FLSA). (ORC 4111.14(B))

Overtime

• There is a state law regarding overtime pay. (ORC Ann. 4111.03)
• Agricultural workers are excluded from the state overtime law. (ORC Ann. 4111.03(A))

State Enforcement Agency

Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage & Hour Administration

Website: https://www.com.ohio.gov/documents/dico_MINIMUM_WAGE_COMPLAINT.pdf

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law. .ORC § 4121.01 et seq. 

State Enforcement Agency:

Ohio Bureau of Workers’ Compensation 

Website:https://info.bwc.ohio.gov/wps/portal/bwc/site/home/!ut/p/z1/hY7BDoIwEES_hQPX7kaporcmRsQQidFE7MWAgVKDLSkVf99GvSk6t915MxngkAFXeS9FbqVWeePuI5-c0lkSreIAN-EonCJb0niXRNt0EVA4_AO4s3FADF2eP5GBBroP3sCPjjVw0ejiNZepYhwK4KasSlMacjPuXVvbdnMffZSq0qS4n4mupSZC9z5-S9W6s5B9wNBeM7zQpk-Y5z0ApZ0feg!!/dz/d5/L2dBISEvZ0FBIS9nQSEh/

Field Sanitation

• There is no state law regarding field sanitation.

Federal Enforcement Agency:

US DOL, Ohio OSHA Office

Website: https://www.osha.gov/contactus/bystate/OH/areaoffice

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture, which adopts the federal Worker Protection Standard (WPS). (Ohio Admin. Code 901:5-11-19)
• Suspected pesticide poisoning is a reportable illness for health care providers. Physicians must report pesticide exposure to local health department within 48 hours. 

State Enforcement Agency:

Ohio Department of Agriculture, Pesticide Regulation Program

Website: https://agri.ohio.gov/wps/portal/gov/oda/divisions/plant-health/pesticides/

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted, or disciplined) or to engage in collective bargaining with agricultural employers.
• However, contract provisions whereby a person agrees not to join, become, or remain a member of a labor organization is contrary to public policy. (Ohio Rev. Code Ann. § 4113.02)

State Legal Services Organizations

Advocates for Basic Legal Equality, Inc. (ABLE)

http://www.ablelaw.org

Legal Aid of Western Ohio Inc. (LAWO)

http://lawolaw.org