Ohio Minimum Wage Law Exemptions
In addition to exemptions under the Fair Labor Standard Act (FLSA), Ohio has several categories exempt from minimum wage laws.
Employees in Ohio that are under the age of 16 can be paid the federal minimum wage instead of the Ohio minimum wage.
Those that are under 18 and work at camps run by nonprofits are exempt from Ohio minimum wage rules.
Ohio minimum wage law also makes an exemption for employers that earn $319,000 or less based on gross receipts from the previous year. These businesses are allowed to pay their employees the federal minimum wage. The annual gross receipts threshold is adjusted each year on January 1 and is tied to the Consumer Price Index.
Individual professionals are exempted from Ohio minimum wage as long as their duties are not classified merely to avoid minimum wage. These professionals include, but may not be limited to, commissioned salesmen, executives, administrative workers and computer professionals.
Employees of businesses that are family-owned and operated who are relatives of the owner are also exempt from Ohio minimum wage statutes.
Babysitters (in the home where the baby lives) and live-in caregivers for elderly or ill individuals are exempt from Ohio minimum wage law so as long as housekeeping is not a primary duty.
Volunteers for public agencies run by a government entity, and volunteers at hospitals or similar health institutions or food banks, are exempted explicitly from Ohio minimum wage so long as restrictions are followed.
These restrictions vary by situation and can include not seeking payment, not receiving expense reimbursement, and that the individual does not already provide similar services as a paid employee for the same employer.
Ohio has a special minimum wage law for disabled individuals whose challenges interfere with their earning capacity. For those individuals, employers may apply for a license to pay disabled individuals less than the current minimum wage, at a rate determined by the Ohio Department of Commerce Director.
Different licenses may be applied for based on employment and facility type. These include temporary on-the-job training, an individual rate within a facility, sheltered workplace programs, and work activity centers.
Those working for the state, a city, the federal government, or other government entities may be exempted under certain conditions from Ohio minimum wage as well.