Now that 2023 is underway, it is essential that you make sure your organization is in compliance with Ohio and federal regulatory updates. By keeping your organization in compliance with recent changes to the law, you establish a “healthy” workplace. Although you may have to spend some time and resources to put these measures in place, that time will be well spent in avoiding unnecessary future litigation. The following provides a brief overview of some of these changes. You will find additional resources, updates and clarification on these on our Resources page or by contacting Wells Law.

1. Post the Most Recent Version of Required Workplace Posters

It is vital to ensure that you are posting the most recent posters dealing with topics such as employment services, questions regarding wage requirements, job safety requirements and employee rights under Ohio and federal workplace laws. These posters must be readily accessible to employees without having to request access. The EEOC provides guidance on electronic posting of required posters here. Free posters are available from the Ohio Department of Job and Family Services here and from the U.S. Department of Labor here.

Note: Businesses with at least 15 employees need to replace their workplace discrimination poster with a new notice that the EEOC published on October 20, 2022.

2. Changes to the Minimum Wage in Ohio

Effective January 1, 2023, the minimum wage in Ohio is $10.10 per hour for non-tipped employees and $5.05 per hour for tipped employees. These rates apply to businesses with annual gross receipts of more than $372,000 per year. For employees at smaller companies with annual gross receipts of less than $372,000 per year and for 14-and 15-year olds, the state wage is tied to the federal minimum wage of $7.25, which requires an act of Congress and the president’s signature to change. More info

3. I-9 Form, Employment Eligibility Verification

Employers should be using the newest version of the I-9 form used to verify employment eligibility. The new version is dated 10/21/2019 and expired 10/31/2022. You can find the edition date at the bottom left of the page on the form and instructions. You will find a link to the current I-9 form here. And a friendly reminder – I-9 forms should be kept separate from the personnel files of employees.

Note: Employers should continue using the Form I-9 after its expiration date of 10/31/22 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.

4. Review and Update your Employee Handbook

This is an employer’s most effective and important communication tool with their employees. It also serves as your #1 source of liability protection – or your #1 liability threat if poorly written or implemented. It is essential that employers have current, updated handbooks that reflect recent changes to state and federal employment laws. Specifically, employers should review policies on vaccines, COVID-19, teleworking, confidentiality of investigations, use of company email, breastfeeding breaks, medical marijuana, the use of social media, leaves of absence, training pay, the driving of company vehicles, dress code regulations and disability accommodations. Because some of these laws may be difficult to construe, it is highly advised that employers seek legal counsel to make sure that they are in complete compliance and have policies tailored to their specific business and industry.

5. Implement the Use of Employment Agreements such as Non-competition, Non-solicitation, and/or Non-disclosure Agreements

What is your organization doing to protect its marketing strategies, proprietary systems, inventions and even your customer list, from unauthorized use or disclosure? Now’s the time to consider protecting your business by using a “restrictive covenant agreement” – an agreement that restricts or prevents one of the parties from doing something specific. Whether you are hiring new employees, bringing on partners, terminating an employee or are thinking about selling your business, you should consider including restrictive covenants in your business agreements. Some examples include non-compete, confidentiality, non-disclosure, non-disparagement and non-solicitation agreements. More info

Note: On January 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements. Stay tuned! More info

A note about employees in other states

Workplace laws vary by state. The information provided above is federal law and/or Ohio law. If you have employees working in other states, contact your legal counsel to discuss their rights and your responsibilities. Many states have enacted laws on paid leave, pay transparency, cannabis, and natural hair. More info

Disclaimer: The information provided above is for educational purposes only and is not intended to be legal advice. Consult an attorney for advice regarding your individual situation.

Wells Law, LLC is here to assist businesses with the development of cost-efficient, compliant policies and procedures for your workplace. Contact us to learn more about the services we can provide for you and your organization.

This article may be reprinted when the copyright and author bio are included. ©2023 Mindi Wells, Wells Law, LLC.