Bill Title: To require treble wages for retail employees who work during the Thanksgiving holiday and to prohibit a retail employer from adversely affecting the employment status, wages, hours, or employment conditions of a retail employee because the retail employee refuses to work on Thanksgiving day.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-11-26 - To Commerce, Labor and Technology
[HB360 Detail]Download: Ohio-2013-HB360-Introduced.html
As Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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Representatives Foley, Hagan, R.
Cosponsors:
Representatives Ashford, Patterson, Antonio
A BILL
| To amend sections 4111.03 and 4111.10 and to enact | 1 |
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section 4113.75 of the Revised Code to require | 2 |
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treble wages for retail employees who work during | 3 |
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the Thanksgiving holiday and to prohibit a retail | 4 |
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employer from adversely affecting the employment | 5 |
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status, wages, hours, or employment conditions of | 6 |
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a retail employee because the retail employee | 7 |
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refuses to work on Thanksgiving day. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4111.03 and 4111.10 be amended and | 9 |
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section 4113.75 of the Revised Code be enacted to read as follows: | 10 |
| Sec. 4111.03. (A) An employer shall pay an employee for | 11 |
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overtime at a wage rate of one and one-half times the employee's | 12 |
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wage rate for hours worked in excess of forty hours in one | 13 |
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workweek, in the manner and methods provided in and subject to the | 14 |
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exemptions of section 7 and section 13 of the "Fair Labor | 15 |
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Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as | 16 |
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amended. | 17 |
| Any employee employed in agriculture shall not be covered by | 18 |
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the overtime provision of this section. | 19 |
| (B) If a county employee elects to take compensatory time off | 20 |
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in lieu of overtime pay, for any overtime worked, compensatory | 21 |
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time may be granted by the employee's administrative superior, on | 22 |
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a time and one-half basis, at a time mutually convenient to the | 23 |
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employee and the administrative superior within one hundred eighty | 24 |
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days after the overtime is worked. | 25 |
| (C) A county appointing authority with the exception of the | 26 |
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county department of job and family services may, by rule or | 27 |
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resolution as is appropriate, indicate the authority's intention | 28 |
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not to be bound by division (B) of this section, and to adopt a | 29 |
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different policy for the calculation and payment of overtime than | 30 |
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that established by that division. Upon adoption, the alternative | 31 |
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overtime policy prevails. Prior to the adoption of an alternative | 32 |
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overtime policy, a county appointing authority with the exception | 33 |
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of the county department of job and family services shall give a | 34 |
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written notice of the alternative policy to each employee at least | 35 |
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ten days prior to its effective date. | 36 |
| (D)(1) Except as provided in divisions (D)(2) and (3) of this | 37 |
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section, a retail employer shall pay each of the retail employer's | 38 |
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retail employees for time worked on Thanksgiving day and time | 39 |
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worked on the day after Thanksgiving at a wage rate of three times | 40 |
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the employee's wage rate. | 41 |
| (2) A retail employer shall not be required to pay treble | 42 |
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wages for time worked by a retail employee on the day after | 43 |
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Thanksgiving, as otherwise required under division (D)(1) of this | 44 |
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section, if the retail establishment where the retail employee is | 45 |
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employed is not open for business on that day any earlier than the | 46 |
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establishment normally would be open for business on a Friday. | 47 |
| (3) A retail employer shall not be required to pay treble | 48 |
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wages to an employee who works on Thanksgiving day or on the day | 49 |
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after Thanksgiving, if that employee is covered by a collective | 50 |
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bargaining agreement that does not require the employee to be paid | 51 |
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at that wage rate. | 52 |
| (E) As used in this section: | 53 |
| (1) "Employ" means to suffer or to permit to work. | 54 |
| (2) "Employer" means the state of Ohio, its | 55 |
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instrumentalities, and its political subdivisions and their | 56 |
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instrumentalities, any individual, partnership, association, | 57 |
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corporation, business trust, or any person or group of persons, | 58 |
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acting in the interest of an employer in relation to an employee, | 59 |
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but does not include an employer whose annual gross volume of | 60 |
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sales made for business done is less than one hundred fifty | 61 |
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thousand dollars, exclusive of excise taxes at the retail level | 62 |
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which are separately stated. | 63 |
| (3) "Employee" means any individual employed by an employer | 64 |
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but does not include: | 65 |
| (a) Any individual employed by the United States; | 66 |
| (b) Any individual employed as a baby-sitter in the | 67 |
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employer's home, or a live-in companion to a sick, convalescing, | 68 |
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or elderly person whose principal duties do not include | 69 |
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housekeeping; | 70 |
| (c) Any individual engaged in the delivery of newspapers to | 71 |
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the consumer; | 72 |
| (d) Any individual employed as an outside salesperson | 73 |
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compensated by commissions or employed in a bona fide executive, | 74 |
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administrative, or professional capacity as such terms are defined | 75 |
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by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 76 |
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U.S.C.A. 201, as amended; | 77 |
| (e) Any individual who works or provides personal services of | 78 |
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a charitable nature in a hospital or health institution for which | 79 |
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compensation is not sought or contemplated; | 80 |
| (f) A member of a police or fire protection agency or student | 81 |
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employed on a part-time or seasonal basis by a political | 82 |
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subdivision of this state; | 83 |
| (g) Any individual in the employ of a camp or recreational | 84 |
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area for children under eighteen years of age and owned and | 85 |
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operated by a nonprofit organization or group of organizations | 86 |
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described in Section 501(c)(3) of the "Internal Revenue Code of | 87 |
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1954," and exempt from income tax under Section 501(a) of that | 88 |
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code; | 89 |
| (h) Any individual employed directly by the house of | 90 |
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representatives or directly by the senate. | 91 |
| (4) "Retail employee" means an individual employed at a | 92 |
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retail establishment. | 93 |
| (5) "Retail employer" means an employer who employs at least | 94 |
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one individual at a retail establishment. | 95 |
| (6) "Retail establishment" means a place of business open to | 96 |
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the general public for the sale of goods or services. | 97 |
| Sec. 4111.10. (A) Any employer who pays any employee less | 98 |
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than wages to which the employee is entitled under section 4111.03 | 99 |
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of the Revised Code, is liable to the employee affected for the | 100 |
full amount of the overtime wage ratewages to which the employee | 101 |
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is entitled under section 4111.03 of the Revised Code, less any | 102 |
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amount actually paid to the employee by the employer, and for | 103 |
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costs and reasonable attorney's fees as may be allowed by the | 104 |
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court. Any agreement between the employee and the employer to work | 105 |
for less than the overtime wage ratewages to which an employee is | 106 |
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entitled under section 4111.03 of the Revised Code is no defense | 107 |
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to an action. | 108 |
| (B) At the written request of any employee paid less than the | 109 |
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wages to which the employee is entitled under section 4111.03 of | 110 |
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the Revised Code, the director of commerce may take an assignment | 111 |
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of a wage claim in trust for the assigning employee and may bring | 112 |
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any legal action necessary to collect the claim. The employer | 113 |
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shall pay the costs and reasonable attorney's fees allowed by the | 114 |
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court. | 115 |
| Sec. 4113.75. (A) As used in this section, "retail employee" | 116 |
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and "retail employer" have the same meanings as in section 4111.03 | 117 |
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of the Revised Code. | 118 |
| (B) Except as provided in division (C) of this section, no | 119 |
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retail employer shall adversely affect the employment status, | 120 |
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wages, hours, or employment conditions of a retail employee | 121 |
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because the retail employee refuses to work on Thanksgiving day. | 122 |
| (C) This section does not apply to a retail employee covered | 123 |
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by a collective bargaining agreement. | 124 |
| Section 2. That existing sections 4111.03 and 4111.10 of the | 125 |
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Revised Code are hereby repealed. | 126 |
| Section 3. Section 4111.03 of the Revised Code is presented | 127 |
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in this act as a composite of the section as amended by both Sub. | 128 |
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H.B. 187 and Am. Sub. H.B. 690 of the 126th General Assembly. The | 129 |
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General Assembly, applying the principle stated in division (B) of | 130 |
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section 1.52 of the Revised Code that amendments are to be | 131 |
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harmonized if reasonably capable of simultaneous operation, finds | 132 |
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that the composite is the resulting version of the section in | 133 |
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effect prior to the effective date of the section as presented in | 134 |
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this act. | 135 |
