Workforce Bulletin

Columbus has expanded its pay equity law, adding new transparency requirements to a salary history ban that took effect in March 2024. On November 3, 2025, the Columbus City Council approved Ordinance 2898-2025 (the “Amendment”), amending Chapter 2335 of the Columbus City Code. Mayor Andrew Ginther signed the Amendment into law the next day.

On September 29, 2025, Ohio joined 13 other states with its adoption of a “mini-WARN” Act (“Ohio WARN”), which will supplement federal WARN notice requirements for employers anticipating mass layoff events. Enacted at Ohio Revised Code Section 4113.31, Ohio WARN largely tracks federal WARN standards, however, there are notable differences from federal WARN of which Ohio employers should be aware. In addition, the Ohio WARN statutory language contains a few key ambiguities that may complicate employer compliance with the law until these points are addressed in either a statutory amendment, regulations, or official guidance.

In April 2025, the City of Cleveland approved Ordinance No. 104-2025 (the “Ordinance”), which will impose a salary history ban and create a pay disclosure requirement for employers starting Monday, October 27, 2025. The latter provision – the first in the Buckeye State to require affirmative disclosure of wages or salary ranges for advertised positions – distinguishes this Ordinance from pay equity laws already enacted in other Ohio municipalities. The new pay equity measures will apply to the City of Cleveland and private employers with at least 15 employees working within Cleveland, including job placement and referral agencies working on behalf of another employer. We discuss both requirements below.

Salary History Ban

Like similar laws in Cincinnati, Columbus, and Toledo, the Ordinance broadly prohibits covered employers from:

• Asking about an applicant’s current or prior salary, including wages, commissions, hourly earnings, and any other monetary earnings, as well as benefits (collectively, their “salary history”);
• Screening applicants based on their salary history (including requiring an applicant’s former salaries to meet a threshold);
• Relying solely on an applicant’s salary history when deciding whether to make an offer of employment or determining their compensation; and
• Refusing to hire or otherwise retaliating against an applicant for not disclosing their salary history.

On July 20, 2025, Ohio will officially become one of the first states to allow employers to provide digital—rather than physical—copies of certain labor law notices required under Ohio law.  Specifically, under changes imposed by Senate Bill 33 (SB 33), Ohio will soon allow employers and businesses to post the following Ohio notices digitally:   

• Minor Labor Laws
• Minimum Fair Wage Standards Law
• Civil Rights Law
• Prevailing Wage Law
• Workers’ Compensation Law
• Public Employment Risk Reduction Program Law  

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs. Citing transparency, accountability, and fairness in the workplace, the Ohio General Assembly unanimously passed the the Paystub Protection Act (PPA),  which requires Ohio employers to issue paystubs, either electronically or via hard copy, to all employees on regular paydays that include the:

• Names of the employee and employer;
• Employee’s address;
• Employee’s total gross wages during the pay period;
• Employee’s total net wages during the pay period;
• Amount and purpose of each addition or deduction to wages; and
• Dates of the pay period.

For hourly employees, the following three additional items are required:

• Total hours worked;
• Hourly rate; and
• Hours worked in excess of 40 hours in one workweek.

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs. Citing transparency, accountability, and fairness in the workplace, the Ohio General Assembly unanimously passed the the Paystub Protection Act (PPA),  which requires Ohio employers to issue paystubs, either electronically or via hard copy, to all employees on regular paydays that include the:

• Names of the employee and employer;
• Employee’s address;
• Employee’s total gross wages during the pay period;
• Employee’s total net wages during the pay period;
• Amount and purpose of each addition or deduction to wages; and
• Dates of the pay period.

For hourly employees, the following three additional items are required:

• Total hours worked;
• Hourly rate; and
• Hours worked in excess of 40 hours in one workweek.

With more than 24 million mothers with children under the age of 18 in the U.S. workforce, many of whom breastfeed their children, it is important for employers to understand the break time and pumping space protections afforded to nursing mothers by the Fair Labor Standards Act (FLSA).

Reasonable Break Time to Pump

Under the FLSA, nursing employees are entitled to reasonable break time during the workday to express breast milk for their nursing child for one year following the child’s birth. The employee must be entitled to a break “each time such employee has need to express milk.” The frequency, duration, and timing of the breaks an employee may need will likely vary depending on the employee and child.

Employers are not required to pay non-exempt employees for break time to pump unless otherwise required by applicable law, or if the employees are not completely relieved of their duties while pumping. Under the Department of Labor (DOL) regulations implementing the FLSA, breaks of 20 minutes or less must be paid, and if an employer provides such breaks to its employees generally, nursing employees may use such paid breaks to pump. Additionally, if an employer provides paid breaks to all employees, the employer must pay employees who choose to pump during their paid breaks.

What is the 8 and 80 overtime system?

The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 in a workweek. However, the FLSA provides an exception for certain employers in the healthcare industry, who are instead permitted to adopt a fixed work period of 14 consecutive days and pay overtime for all hours worked: (a) over 8 in a single day, or (b) over 80 in a 14-day work period.

Under the 8 and 80 overtime system, for example, an employee who works a 12-hour shift would be entitled to 4 hours of ...

Columbus has joined Toledo, Cincinnati, and a number of states and locales around the country, in banning employers from asking job applicants about their salary history.

Effective March 1, 2024, covered employers in Ohio’s capital will be prohibited from:

• inquiring about an applicant’s salary history,
• screening applicants based on their salary history,
• relying solely on salary history when deciding whether to offer an applicant employment or determining their compensation, and
• retaliating against applicants for not disclosing their salary history.

Salary History

Currently, neither the federal Fair Labor Standards Act (FLSA) nor the Equal Pay Act (EPA) prohibit employers from screening applicants based on prior salary, requesting an applicant’s salary history, or conditioning an applicant’s employment on providing their salary history. However, salary history bans, which are intended to eliminate the perpetuation of discriminatory pay disparities, have become increasingly common both at the state and local level. As of April 2023, more than 40 states and localities have adopted some form a salary history ban.

work·week | \ ˈwərk-ˌwēk \

noun

Perhaps one of the most important terms of art under the Fair Labor Standards Act (“FLSA”), an employer’s designated workweek impacts nearly every aspect of an employee’s pay – from minimum wage and overtime to application of most exemptions. Let’s break down this concept.

What is a workweek?

The FLSA regulations define workweek as “a fixed and regularly recurring period of 168 hours - seven consecutive 24-hour periods.” Contrary to popular belief, a workweek need not coincide with a calendar week, nor must it align with an employer’s hours of operation. Instead, it can begin on any day and at any hour of the day. However, the key is that once a workweek is determined, it must remain fixed regardless of the employees’ hours worked with limited exception.

The weather is not the only thing changing this summer. As reflected in the charts below, nearly two dozen states and localities are increasing their respective minimum wages effective July 1, 2022. Accordingly, employers with minimum wage workers should consult with counsel to ensure that their compensation practices are compliant with the laws in all jurisdictions in which they operate nationwide.

Earlier this month, Governor Mike DeWine signed Senate Bill (SB) 47, which formally adopted sections of the Portal-to-Portal Act (Portal Act) amendments to the federal Fair Labor Standards Act (FLSA), exempting employers from paying overtime under certain circumstances. SB 47 also eliminates so-called “hybrid” collective/class actions for Ohio plaintiffs by adopting the FLSA’s “opt-in” requirement for individuals seeking to join a wage and hour lawsuit on Ohio state law claims for failure to pay overtime. The law takes effect on July 6, 2022.

Portal-to-Portal Act

Ohio’s minimum wage will increase to $9.30 per hour for non-tipped employees and $4.65 per hour for tipped employees, effective January 1, 2022.  This new minimum wage will apply to employees of businesses with annual gross receipts of more than $342,000 per year.

For employees at smaller companies with annual gross receipts of $342,000 or less per year, and for 14- and 15-year-olds, the minimum wage continues to be the federal rate of $7.25 per hour.

As a reminder, employers should update their minimum wage and overtime poster, which should be posted in a location that is easily ...