Ohio House Bill No. 427

Ohio House Bill No. 427, introduced in the 135th General Assembly Regular Session, aims to amend sections of the Revised Code to phase out subminimum wage for individuals with physical or mental disabilities. The bill, named the Ohio Employment First and Greater Opportunities for Persons with Disabilities Act, includes provisions for coordination among relevant departments, data sharing, and the establishment of an employment first task force. Additionally, the bill addresses the minimum wage, employer-employee relationships, and exemptions, ensuring compliance with constitutional requirements. The proposed legislation also allows for the issuance of licenses permitting employers to pay a lower wage to individuals with disabilities. Furthermore, it outlines provisions related to casual employment, family-owned businesses, and employer disclosure of contact information.

The proposed bill, mandates employers to maintain records, including an employee's name, address, occupation, pay rate, hours worked, and amounts paid for a minimum of three years after employment termination. The bill defines terms such as "pay rate" and "hours worked for each day worked" and specifies the nature of records to be maintained.

Employers are required to provide requested information to employees or their authorized representatives without charge within thirty business days, with exceptions for agreed-upon alternative timeframes or cases of hardship for the employer. The bill outlines the specific information that must be provided and the authorized individuals who can make requests on behalf of employees.

In line with constitutional provisions, the bill allows employees, their representatives, and other interested parties to file complaints with the state regarding violations. Complaints are to be promptly investigated, with the confidentiality of the employee's name maintained unless disclosure is essential for resolution and the employee consents.

The proposed bill, includes several additional provisions related to the enforcement, investigation, and compliance with Section 34a of Article II, Ohio Constitution. Here are key points from the provided text:

1. Confidentiality: The name of the employee shall be kept confidential by the state as required by the relevant division.
2. State Investigation: The state may initiate investigations into an employer's compliance with Section 34a and related laws. Employers are required to provide records and information for such investigations.
3. Damages for Violation: Damages for violation may include an additional two times the amount of back wages. For violations of anti-retaliation provisions, the penalty is set by the state or court to compensate the employee and deter future violations.
4. Civil Action: The attorney general, employees, or their representatives can bring civil actions against employers for violations within three years of the violation or one year after the state's final disposition of a complaint, whichever is later.
5. No Exhaustion Requirement: There is no exhaustion requirement, and no additional procedural or burden of proof requirements beyond those generally applicable to civil suits. Employees are not liable for costs or attorney's fees unless the action is found to be frivolous.
6. Immunity for Providing Information: Employers providing information specified in Section 34a to employees or their representatives are immune from civil liability.
7. Patient Labor in Mental Health Hospitals: Patients in mental health hospitals should not be compelled to perform labor related to hospital operation or maintenance, and privileges or release should not be conditional upon such labor.
8. Community Employment Policy: The bill declares a policy favoring community employment for individuals with developmental disabilities. State agencies are directed to implement and coordinate actions to support competitive and integrated employment.
9. Employment First Task Force: The director of developmental disabilities will establish an employment first task force to promote community employment for individuals with developmental disabilities.