Ohio Statewide Rule
Ohio Predictive Scheduling Preemption for Employers
Key Facts
- Orc 411385 Preempts
- ORC 4113.85 preempts local scheduling mandates
- No State Predictive
- No state predictive scheduling law in Ohio
- Oncall And Reporting
- On-call and reporting pay rules remain employer-set
- Flsa Federal Overtime
- FLSA federal overtime rules continue to apply
- Collective Bargaining May
- Collective bargaining may impose contractual scheduling rules
Summary
Ohio law preempts local predictive scheduling, fair workweek, and similar shift-notice ordinances, leaving employer scheduling unregulated by state mandate.
(B) Except as otherwise expressly provided in state or federal law, the following matters are exclusively the result of an employer's policy, an agreement between an employer and the employer's employees, a contract between an employer and the employer's employees, or a collective bargaining agreement between an employer and the employer's employees: (1) The number of hours an employee is required to work or be on call for work; (2) The time when an employee is required to work or be on call for work; (3) The location where an employee is required to work; (4) The amount of notification an employee receives of work schedule assignments or changes to work schedule assignments, including any addition or reduction of hours, cancellation of a shift, or change in the date or time of a work shift; (5) Minimizing fluctuations in the number of hours an employee is scheduled to work on a daily, weekly, or monthly basis; (6) Additional payment for reporting time when work is or becomes unavailable, for being on call for work, or for working a split shift; (7) Whether an employer will provide advance notice of an employee's initial work or shift schedule, notice of new schedules, or notice of changed schedules, including whether an employer will provide employees with predictive schedules;
Full Breakdown
ORC 4113.85, enacted by Senate Bill 331, prohibits any political subdivision from requiring an employer to alter the work hours, location, or scheduling of an employee beyond what is required by state or federal law. The provision blocks fair workweek and predictive scheduling ordinances similar to those adopted in cities like Seattle and New York. Ohio also preempts local on-call and reporting pay requirements, leaving these terms to employer discretion or collective bargaining agreements.
Violations & Penalties
Local scheduling ordinances exceeding state law are preempted; no state penalty exists for employer scheduling practices.
Frequently Asked Questions
Can an Ohio city require advance schedule notice?
Does Ohio require reporting pay for short shifts?
Sources
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