Ohio Statewide Rule

Ohio Minimum Wage Constitutional Floor and Local Authority

Heavy RestrictionsApplies statewide across Ohio (2026)

Key Facts

Detail: State minimum wage adjusts each January for inflation
Detail: Constitutional Article II Section 34a sets the floor
Detail: ORC 4111.02 preempts different local minimum wages
Detail: Tipped wage is half the standard minimum wage
Detail: Triple damages available for underpayment

Last verified: September 5, 2026Source: Ohio Laws & Administrative Rules

Summary

Ohio's constitutional minimum wage (Article II Section 34a) sets a state floor that adjusts annually with inflation, while ORC 4111.02 limits local action.

Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay each of the employer's employees at a wage rate of not less than the wage rate specified in Section 34a of Article II, Ohio Constitution. The director of commerce annually shall adjust the wage rate as specified in Section 34a of Article II, Ohio Constitution. No political subdivision shall establish a minimum wage rate different from the wage rate required under this section. As used in this section, "employee" has the same meaning as in section 4111.14 of the Revised Code.

Source: Ohio Laws & Administrative RulesView official code

Full Breakdown

Ohio voters adopted the Constitutional Amendment in Article II, Section 34a in 2006, setting a minimum wage that adjusts annually based on the Consumer Price Index. As of January 2026 the minimum is $11.00 per hour for non-tipped employees and $5.50 for tipped employees at qualifying employers. Senate Bill 331 (effective March 2017) amended ORC 4111.02 so that no political subdivision may establish a minimum wage rate different from the state rate. The constitutional provision arguably allows local rates higher than the state floor, but state statute purports to preempt them, creating an unresolved legal question.

Violations & Penalties

Employers paying below the state minimum wage face civil penalties of $150 per day and triple the underpaid wages under ORC 4111.10.

Frequently Asked Questions

Can Ohio cities raise the minimum wage above the state level?

ORC 4111.02 preempts local minimum wages, though the constitutional provision creates a potential home-rule conflict.

How often does Ohio's minimum wage change?

The minimum wage adjusts every January based on the Consumer Price Index for urban wage earners.

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