Signed by Governor Mike DeWine

Vote Smart's Synopsis:

Vote to pass a bill that exempts certain tasks, including email messaging, from overtime pay.

Highlights:

• Requires an employer to pay an employee for the overtime at a wage rate of one and one-half times the employee's wage rate for hours worked in excess of 40 hours in one workweek, in the manner and methods provided in and subject to the exemptions (Sec. 1.A).

• Specifies if a county employee or township employee elects to take compensatory time off in lieu of overtime pay, for any overtime worked, compensatory time may be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior within 180 days after the overtime is worked (Sec. 1.B).

• Classifies "employee" as any individual employed by an employer but does not include, but is not limited to, the following (Sec. 1-3):

• Any individual employed by the United States;

• Any individual employed as a baby-sitter in the employer's home, or a live-in companion to a sick, convalescing, or an elderly person whose principal duties do not include housekeeping;

• Any individual engaged in the delivery of newspapers to the consumer; and

• Any individual employed as an outside salesperson is compensated by commissions or employed in a bona fide executive, administrative, or professional capacity.

• Establishes an employer is not required to pay the overtime wage rate to an employee for any time that the employee spends performing any of the following activities (Sec. 4111.031.A-1):

• Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;

• Activities that are preliminary to or postliminary to the principal activity or activities; and

• Activities requiring insubstantial or insignificant periods of time beyond the employee's scheduled working hours.

• Specifies this law applies to an activity described in that division that occurs either prior to the time on any particular workday at which the employee commences, or subsequent to the time on any particular workday at which the employee ceases, such principal activity or activities (Sec. 1-2).

• Specifies this law does not apply if an employee engages in an activity under either of the following circumstances (Sec. 1-2.B):

• The employee performs the activity during the regular workday or during prescribed hours; and

• The employee performs the activity at the specific direction of the employer.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that exempts certain tasks, including email messaging, from overtime pay.

Highlights:

• Requires an employer to pay an employee for the overtime at a wage rate of one and one-half times the employee's wage rate for hours worked in excess of 40 hours in one workweek, in the manner and methods provided in and subject to the exemptions (Sec. 1.A).

• Specifies if a county employee or township employee elects to take compensatory time off in lieu of overtime pay, for any overtime worked, compensatory time may be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior within 180 days after the overtime is worked (Sec. 1.B).

• Classifies "employee" as any individual employed by an employer but does not include, but is not limited to, the following (Sec. 1-3):

• Any individual employed by the United States;

• Any individual employed as a baby-sitter in the employer's home, or a live-in companion to a sick, convalescing, or an elderly person whose principal duties do not include housekeeping;

• Any individual engaged in the delivery of newspapers to the consumer; and

• Any individual employed as an outside salesperson is compensated by commissions or employed in a bona fide executive, administrative, or professional capacity.

• Establishes an employer is not required to pay the overtime wage rate to an employee for any time that the employee spends performing any of the following activities (Sec. 4111.031.A-1):

• Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;

• Activities that are preliminary to or postliminary to the principal activity or activities; and

• Activities requiring insubstantial or insignificant periods of time beyond the employee's scheduled working hours.

• Specifies this law applies to an activity described in that division that occurs either prior to the time on any particular workday at which the employee commences, or subsequent to the time on any particular workday at which the employee ceases, such principal activity or activities (Sec. 1-2).

• Specifies this law does not apply if an employee engages in an activity under either of the following circumstances (Sec. 1-2.B):

• The employee performs the activity during the regular workday or during prescribed hours; and

• The employee performs the activity at the specific direction of the employer.

Full Bill Text