Ohio Minimum Wage Constitutional Floor and Local Authority

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 2024 the minimum is $10.45 per hour for non-tipped employees and $5.25 for tipped employees at qualifying employers. Senate Bill 331 (2016) added ORC 4113.85 preempting local governments from setting a minimum wage above the state level. The constitutional provision arguably allows local rates higher than the state floor, but state statute purports to preempt them, creating an unresolved legal question.

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