Ohio Minimum Wage 2025: Know Your Rights
Ohio has a state minimum wage higher than the federal minimum that increases annually based on inflation. As of January 1, 2025, the Ohio minimum wage is $10.45 per hour for non-tipped employees at employers with annual gross receipts over $385,000.
Understanding which minimum wage applies to you, how tip credits work in Ohio, and what to do if your employer violates wage laws is critical to ensuring you’re paid fairly.
Ohio Minimum Wage Rates (2025)
Standard Minimum Wage: $10.45/Hour
2025 Ohio minimum wage: $10.45 per hour
Applies to:
- Non-tipped employees
- Employers with annual gross receipts over $385,000
Annual adjustment: Ohio minimum wage increases each January 1 based on Consumer Price Index (CPI) for urban wage earners and clerical workers
History of Ohio minimum wage:
- 2024: $10.45/hour
- 2023: $10.10/hour
- 2022: $9.30/hour
- 2021: $8.80/hour
- 2020: $8.70/hour
Comparison to other states:
- Federal minimum: $7.25/hour (Ohio is $3.20 higher)
- California: $16.00/hour
- Illinois: $15.00/hour
- Pennsylvania: $7.25/hour (same as federal)
- Georgia: $7.25/hour (federal applies)
Ohio’s indexed minimum wage automatically keeps pace with inflation, unlike states with static minimum wages requiring legislative action to increase.
Small Employer Rate: $7.25/Hour (Federal Minimum)
For employers with annual gross receipts of $385,000 or less:
- Must pay federal minimum wage: $7.25/hour
- Ohio’s higher state minimum doesn’t apply
Example: You work for a small family restaurant with $300,000 annual gross receipts. Employer must pay you federal minimum wage ($7.25/hour), not Ohio’s higher state minimum ($10.45).
Most employers exceed $385,000 threshold: The vast majority of Ohio employers have gross receipts over $385,000 and must pay the state minimum wage.
Tipped Minimum Wage: $5.23/Hour
Ohio allows tip credit for tipped employees:
Tipped employee definition: Receives more than $30/month in tips
Tipped minimum wage: $5.23/hour (50% of standard minimum wage)
Tip credit: Employer can pay $5.23/hour cash wage if tips bring total to at least $10.45/hour
Example: You’re a server working 40 hours/week. Employer pays you $5.23/hour = $209.20. You earn $250 in tips. Total = $459.20 for the week. Your hourly average = $459.20 ÷ 40 = $11.48/hour (above $10.45 minimum, so legal).
If tips don’t reach minimum wage: Employer must make up the difference
Example: Same server, but slow week—you only earn $100 in tips.
- Cash wage: $5.23 × 40 = $209.20
- Tips: $100
- Total: $309.20
- Hourly average: $309.20 ÷ 40 = $7.73/hour
- Below minimum wage of $10.45/hour
Employer owes additional: ($10.45 × 40) – $309.20 = $418 – $309.20 = $108.80 to bring you to minimum wage.
Employer’s obligation: Track tips and ensure total compensation (cash wage + tips) meets or exceeds $10.45/hour.
Youth Minimum Wage
No separate youth minimum wage in Ohio for workers under 18
Same minimum wage applies: $10.45/hour (or $5.23 for tipped youth)
Contrast with some states: Some states allow lower “training wage” or “youth wage” for workers under 18 or 20. Ohio does not.
Ohio Overtime Law
Overtime Rate: 1.5× Regular Rate
Ohio overtime law (ORC § 4111.03) requires:
- Time and a half for hours over 40 in a workweek
- Follows federal FLSA standards generally
Example: You earn $12/hour and work 50 hours in a week.
- Regular time: 40 hours × $12 = $480
- Overtime: 10 hours × $18 (1.5 × $12) = $180
- Total owed: $660
Tipped employees and overtime: Overtime rate calculated on full minimum wage ($10.45), not tipped minimum wage ($5.23).
Example: Tipped server earns $5.23/hour cash wage. Works 50 hours.
- Overtime rate: $10.45 × 1.5 = $15.68/hour (for 10 overtime hours)
- Employer can take tip credit on overtime hours if tips sufficient
Exempt vs. Non-Exempt Employees
Not everyone gets overtime:
Exempt employees (no overtime required):
- Executive, administrative, professional employees meeting specific tests
- Must earn at least $844/week ($43,888/year) as of 2024 federal threshold
- Must perform primarily exempt duties
Common misclassification: Employers sometimes incorrectly classify employees as “exempt” to avoid paying overtime. If misclassified, you’re entitled to back overtime pay.
Example: You’re classified as “assistant manager” and paid $35,000/year salary. You work 55 hours/week regularly. Your employer doesn’t pay overtime, claiming you’re “salaried exempt.” However, you spend 80% of time doing non-managerial tasks (cashier, stocking shelves). You’re likely misclassified—you should receive overtime for hours over 40.
Meal and Rest Breaks
Ohio Does NOT Require Breaks for Adults
Adults (18+): Ohio law does NOT require meal or rest breaks
Minors (under 18): Must receive 30-minute meal break after 5 consecutive hours of work
If employer provides breaks: Federal law requires breaks under 20 minutes be paid
Example (adult worker): You work 10-hour shift with no breaks. This is legal in Ohio (though employer may choose to provide breaks as matter of policy).
Example (minor worker): You’re 17 and work 6-hour shift. Employer must provide 30-minute meal break after first 5 hours.
Contrast with states requiring breaks:
- Washington: 30-minute meal break + two 10-minute paid rest breaks for 8-hour shift
- California: 30-minute meal break + 10-minute rest breaks
- Illinois: 20-minute meal break for 7.5+ hour shifts
Common Minimum Wage Violations
Paying Below Minimum Wage
Illegal: Paying less than $10.45/hour (or applicable minimum)
Common violations:
- Paying “under the table” below minimum
- Misclassifying employees as independent contractors to avoid minimum wage
- Failing to include all hours worked in minimum wage calculation
Example: Employer pays you $9/hour. This is below Ohio minimum wage of $10.45/hour and violates Ohio law.
Illegal Deductions
Ohio law prohibits deductions that reduce wages below minimum wage:
Illegal:
- Deducting for broken dishes, cash register shortages, customer walk-outs if it brings wage below minimum
- Requiring employee to pay for uniforms if it reduces wage below minimum
Legal (if doesn’t reduce below minimum):
- Tax withholding
- Court-ordered garnishments
- Employee-authorized deductions (401k, health insurance)
Example: You earn $11/hour and work 40 hours = $440. Employer deducts $50 for broken dishes. Net = $390 ÷ 40 = $9.75/hour, below minimum wage of $10.45. This deduction is illegal.
Unpaid Off-the-Clock Work
All hours worked must be paid at least minimum wage:
Violations:
- Requiring work before clocking in or after clocking out
- Unpaid prep time or closing duties
- Automatic meal break deductions when employee works through break
- Mandatory unpaid meetings or training
Example: You’re required to arrive 15 minutes early each day for unpaid “prep work” and stay 15 minutes after shift for unpaid “closing tasks.” That’s 30 minutes/day × 5 days/week = 2.5 hours/week of unpaid work. This violates minimum wage and overtime laws.
Tipped Worker Violations
Common tip credit violations:
- Paying tipped minimum ($5.23) when tips don’t bring total to $10.45
- Taking larger tip credit than allowed (more than 50% of minimum wage)
- Keeping portion of tips (illegal tip pooling)
- Requiring tips to cover business expenses
Example: Restaurant pays servers $5.23/hour but doesn’t track tips to ensure total compensation meets $10.45/hour minimum. On slow nights, servers’ tips + wages fall below minimum. Restaurant doesn’t make up difference. This violates Ohio law.
Filing Wage Claim in Ohio
Ohio Department of Commerce – Wage and Hour Bureau
For minimum wage violations:
Phone: 614-644-2239
Website: com.ohio.gov/divisions-and-programs/wage-and-hour
What to file:
- Complaint about unpaid minimum wage
- Unpaid overtime
- Illegal deductions
- Final paycheck issues
Deadline: Generally 2 years to file wage claim (3 years if willful violation)
Federal Department of Labor
U.S. Department of Labor – Wage and Hour Division also enforces minimum wage:
Cleveland Office: 216-615-4545
Columbus Office: 614-469-5677
National: 1-866-487-9243
When to file with federal DOL:
- Employer violates both Ohio and federal wage laws
- Want federal enforcement in addition to state
- Ohio Dept of Commerce not responsive
Private Lawsuit
You can file lawsuit in Ohio state court to recover unpaid wages:
Damages:
- Unpaid wages (difference between what you should have been paid and what you were paid)
- Liquidated damages (can double unpaid wages under federal FLSA if willful)
- Attorney’s fees if you prevail
Statute of limitations: 2 years from wage violation (3 years if willful)
Example: Employer owes you $5,000 in unpaid minimum wages over 18 months. You file lawsuit and prove willful violation. You recover:
- $5,000 unpaid wages
- $5,000 liquidated damages (doubling)
- Attorney’s fees
- Total: $10,000+ (plus fees)
Consult employment attorney to evaluate whether lawsuit makes sense for your situation.
Minimum Wage vs. Prevailing Wage
Minimum wage applies to most private employers
Prevailing wage applies to public works projects (government construction):
Ohio Prevailing Wage Law: Requires contractors on public works projects to pay prevailing wage (typically higher than minimum wage) for the occupation and region
Example: Construction worker on state highway project must be paid prevailing wage for laborers in that county (e.g., $25/hour), not just minimum wage ($10.45).
File prevailing wage complaints with Ohio Department of Commerce
Common Questions
Can my employer pay me less than minimum wage during training?
No (for adults). Ohio does not allow “training wage” below minimum wage.
Exception: Workers under 20 can be paid federal “youth minimum wage” of $4.25/hour for first 90 days under federal law (rarely used).
What if I’m paid salary—does minimum wage apply?
Yes. Even salaried employees must receive at least minimum wage.
Calculate hourly rate: Divide weekly salary by hours worked. If below minimum wage, employer violates law.
Example: You’re “salaried” at $350/week and work 50 hours/week. Hourly rate = $350 ÷ 50 = $7/hour, below Ohio minimum wage of $10.45. This violates law (and you’re likely also entitled to overtime for hours over 40).
Can my employer deduct for uniforms?
Only if it doesn’t bring wage below minimum.
Example: You earn $12/hour, work 40 hours = $480. Employer deducts $30 for uniform. Net = $450 ÷ 40 = $11.25/hour, still above minimum. Legal.
But if you earn $11/hour, work 40 hours = $440, and employer deducts $30, net = $410 ÷ 40 = $10.25/hour, below minimum wage. Illegal.
Do I get paid for breaks?
Depends on length:
- Breaks under 20 minutes: Must be paid (federal law)
- Meal breaks 30+ minutes: Can be unpaid if you’re completely relieved of duties
Ohio doesn’t require breaks for adults, but if employer provides them, short breaks must be paid.
What’s Ohio’s minimum wage for servers and bartenders?
$5.23/hour cash wage (tipped minimum), but total compensation (cash wage + tips) must equal at least $10.45/hour.
If tips don’t bring you to $10.45/hour, employer must make up the difference.
Does minimum wage increase every year in Ohio?
Yes. Ohio minimum wage is indexed to inflation (CPI) and increases each January 1.
2025: $10.45/hour
Future: Will increase annually based on CPI
Resources for Ohio Workers
State Agencies
Ohio Department of Commerce – Wage and Hour Bureau:
- Minimum wage enforcement
- Phone: 614-644-2239
- Website: com.ohio.gov
Ohio Civil Rights Commission:
- Discrimination and retaliation
- Phone: 614-466-2785
- Website: crc.ohio.gov
Federal Agency
U.S. Department of Labor – Wage and Hour Division:
- Cleveland: 216-615-4545
- Columbus: 614-469-5677
- National: 1-866-487-9243
- Website: dol.gov/agencies/whd
Free Legal Assistance
Legal Aid Society of Columbus:
- Phone: 614-241-2001
- Website: columbuslegalaid.org
Legal Aid Society of Cleveland:
- Phone: 216-687-1900
- Website: lasclev.org
Ohio State Legal Services Association:
- Phone: 614-241-2001
Related Topics
Get Help with Unpaid Wages
Think your employer is paying you less than Ohio’s minimum wage? Get a free consultation from an employment law expert who understands Ohio wage laws.
Ohio’s $10.45/hour minimum wage (2025, indexed annually) applies to most employers with over $385,000 annual gross receipts. Tipped workers must receive $5.23/hour minimum, with total compensation (wages + tips) reaching $10.45/hour. Understanding your rights and the 2-year statute of limitations for wage claims is critical to recovering unpaid wages.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Ohio minimum wage rates are subject to annual adjustment. For advice specific to your situation, please consult with a licensed employment attorney in Ohio. Employment Law Aid is not a law firm and does not provide legal representation.
