Our prior post Ohio Dept. of Commerce Says Ohio Min Wage Applies to Farm Workers is corrected to read as follows:
Home health care, amusement park and some farm workers are getting the state's new, higher minimum wage, enacted by the 125th General Assembly's HB 690. The Republican legislators of the 125th General Assembly felt that HB 690 excluded home health care, farm and amusement park workers from the new Ohio minimum wage. The Ohio Department of Commerce disagreed, finding that the Ohio minimum wage law does apply to these groups. See Workers Exempted in Bill to get Wage Hike by Associated Press, The Plain Dealer, Apr. 27, 2007; Wage Increase Broadly Applied by Alan Johnson and Jonathan Riskind, Columbus Dispatch, Apr. 26, 2007.
HB 690 states as follows:
(1) "Employee" means individuals employed in Ohio, but does not mean individuals who are excluded from the definition of "employee" under 29 U.S.C. 203(e) or individuals who are exempted from the minimum wage requirements in 29 U.S.C. 213 and from the definition of "employee" in this chapter.
ORC 4111.14(B)(1) as enacted by HB 690.
Robert Kennedy, the agency's Division of Labor & Worker Safety superintendent, told The Columbus Dispatch "'We're interpreting that you've got to be in both of those [state and federal statutes] to be exempted from Ohio's minimum wage,' . Workers Exempted in Bill to get Wage Hike by Associated Press, The Plain Dealer, Apr. 27, 2007. Thus, according to the Ohio Dept. of Commerce, the following employees are exempt: (1) Employees exempt under 29 USC 203(e) (ie. certain government employees and volunteers ) and (2) Employees exempt under 29 USC 213 (ie. farm workers, home health aids and amusement park workers) but only if the 29 USC 213 employee is also specifically exempt under the definition of employee in ORC Chapter 4111. See Ohio Announces the New Minimum Wage Exemptions by Neil Klingshirn, My Employment Blogger, Apr. 28, 2007.
"Employee" is defined in Chapter 4111 by ORC 4111.14(B)(1) as quoted above, and also by ORC 4111.14(B)(2), which excludes volunteers. Employee is further defined by ORC 4111.03(E)(1) to exclude federal government employees, babysitters, newspaper deliverers, executives and professionals, and other catagories. No where does Chapter 4111 specifically exclude agricultural, home health aid or amusement park workers, so the Ohio minimum wage statute applies to them.
Senator Steven Stivers feels the Department of Commerce interpretation is incorrect because ORC 1.02(F) states,
"As used in the Revised Code, unless the context otherwise requires:
(F) “And” may be read “or,” and “or” may be read “and” if the sense requires it."
The AFL-CIO dropped its plans for a lawsuit to have HB 690 held invalid. They are satisfied that the minimum wage law is being applied to farm workers, amusement park workers and home health aids.
For a more detailed explanation, see: Ohio Announces the New Minimum Wage Exemptions by Neil Klingshirn, My Employment Blogger, Apr. 28, 2007. This article has a link to the Department of Commerce's Minimum Wage Poster, which lists all the exemptions. Also see: See Ohio Minimum Wage Laws on the Division's website.
See our prior post: Taft Signs Bill Implementing Minimum Wage But Exempting Some Workers.