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Issue 2 and Its Affect on Ohio Companies

Employer Records Obligations

One major change initiated by Issue 2 is the requirement that the employer maintain records of the name, address, occupation, pay rate, hours worked for each work day, and the amount the employee is paid.This may be a major change for those companies which do not currently keep records on a daily basis.Thus, in preparing for the new year, companies must consider how they will go about maintaining these records.

In addition to the above requirement, the employer must maintain and keep these records during the employee’s employment and for an additional three years after the employment terminates.Furthermore, if the employee or any person who is acting on behalf of the employee requests the above information regarding the employee’s wage and hour records, the employer must disclose this information, and it must do so without charge.Keep in mind that if this section of Issue 2 is violated, the employee or a person acting on behalf of one or more employees can file a complaint with the state. The 2006 Ohio election results brought investigate on its own regarding an employer’s compliance with this section and any law or regulation applying these provisions.

Another requirement listed in Issue 2 involves disclosure of the employer’s own information.At the time the employer hires a new employee, it must provide the following to the employee:employer’s name, address, telephone number, and other contact information.If any of this information changes, the employer must update such information.

Employer’s Contact Information

The 2006 Ohio election results brought in a wave of changes, one of which is the passage of Issue 2.Issue 2, titled The Ohio Fair Minimum Wage Amendment, involves increasing the minimum wage in Ohio to $6.85 per hour and becomes effective with the start of the new year, on January 1, 2007.There are also other factors to consider with the enactment of Issue 2.

Consequences for Violations of Issue 2

It is important that employers are aware of the new procedures required by Issue 2 so that they can successfully implement these procedures.If the provisions of Issue 2 are violated, the employer may face significant consequences and will be penalized as according to Issue 2.

As stated above, an employee, a person acting on behalf of one or more employees, or any other interested party may file an administrative complaint with the state for violation of Issue 2.In addition, the attorney general and/or an employee or a person acting on behalf of an employee may bring a lawsuit against the employer alleging violation of Issue 2.

If a violation is found, there are various damages that may be recovered.For instance, the employee can potentially recover lost wages, as well as additional employee costs and attorney feeswhich are deemed reasonable.Importantly, an employer cannot retaliate against anyone who issues a complaint under Issue 2 or who assists a person in doing so.If the employer is found to have violated an anti-retaliation provision, there may be additional damages available at an amount which the state or court determines to be sufficient to “compensate the employee or deter future violations.”

Future Considerations

In the future, the employer must implement these requirements and educate its personnel so that the appropriate employees are aware of such requirements.Additionally, in order to enforce Issue 2, future legislation will be enacted.Thus, employers must be prepared for the changes ahead.

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