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Ohio’s Overtime Law Changes Overtime Pay Requirements and Employee Participation in Civil Class Action

Effective July 6, 2022, employers need not compensate employees for time spent prior to the commencement of their workday, including time spent traveling to or from their place of employment. By implementing 2022 Am.Sub.S.B. No. 47 (“S.B. 47”), the General Assembly revised Ohio’s Overtime Law to no longer require employers to pay their employees overtime wages for certain travel time and routine activities unless certain enumerated exceptions apply.  R.C. 4111.03 and R.C. 4111.031(A).

Also pursuant to S.B. 47, employees must obtain written consent before they join as a party plaintiff to a class action lawsuit for overtime violations under Ohio’s Overtime Law. Regarding the class action provision, an employee must be given written consent in order to join a class action lawsuit, and that consent must be filed with the court.

Ohio’s Overtime Law remains in compliance with the Federal Labor Standards Act (FLSA), as both share the same maximum workweek of 40 hours per week.

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Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.




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