Cleveland's Employment Preemption: The Rules That Matter

If you live in Cleveland or are thinking about moving there, employment preemption are one of those things you probably won't think about until they affect you directly. Cleveland has 3 specific rules on the books covering different aspects of employment preemption, and some of them might surprise you.

Minimum Wage Preemption

Ohio HB 494 (2018) and Constitution Section 34a bar Cleveland from setting a local minimum wage above the statewide rate, currently $10.70 per hour. A 2016 Cleveland $15 ballot drive was blocked before voters could decide.

Key details: Ohio minimum: 10.70 dollars per hour. Preemption statute: ORC 4111, HB 494 (2018). Constitution: Article II Section 34a. Cleveland local rate: Prohibited. Federal floor: 7.25 dollars per hour.

Any Cleveland ordinance attempting to raise minimum wage above the state rate is unenforceable. Wage theft below $10.70 is prosecuted by the Ohio Department of Commerce Bureau of Wage and Hour Administration.

The rules around minimum wage preemption in Cleveland lean permissive, but that does not mean anything goes.

Paid Leave Preemption

Cleveland has not enacted mandatory paid sick leave for private employers. Ohio HB 494 chilled local benefits ordinances, and a 2018 Cleveland council proposal stalled. Federal FFCRA expired in 2021, leaving paid leave at employer discretion.

Key details: Cleveland mandate: None for private employers. Failed proposal: 2018 council bill. Preemption climate: HB 494 chilling effect. Federal floor: FMLA unpaid.

Because no ordinance mandates private paid leave, the city imposes no penalties. FMLA violations are pursued through the U.S. Department of Labor Wage and Hour Division.

The rules around paid leave preemption in Cleveland lean permissive, but that does not mean anything goes.

Worker Scheduling Preemption

Cleveland has not adopted a fair workweek or predictive scheduling ordinance. Retail, fast-food, and hospitality scheduling follows Ohio at-will doctrine and the federal Fair Labor Standards Act, with no advance-notice or predictability pay requirements.

Key details: Cleveland rule: None adopted. Advance notice: Not required. Predictability pay: Not required. Federal floor: FLSA overtime only.

No city ordinance, so no penalties. Workers experiencing scheduling-related discrimination may file with the Ohio Civil Rights Commission or EEOC under federal Title VII.

Cleveland is more permissive than most cities when it comes to worker scheduling preemption. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Cleveland gives residents more room on employment preemption. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Cleveland can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.