Ohio Updates Labor Notice Requirements to Permit Online Posting

SB 33 Provides Employers the Ability to Post Certain Labor Notices Online

SB 33 enables employers to post online labor notices previously required to be displayed on the premises of the business.  For example, SB 33 added the following language to ORC §4109.08, Ohio’s statute to enforce age and schooling certificate requirements when employing minor employees:

(A)(2) No minor shall be employed unless the employer posts an abstract to be furnished by the director of commerce summarizing the provisions of this chapter. The abstract shall be posted in one of the following ways:

            (a) On the premises in plain view in a conspicuous place which is frequented by the largest number of minor employees, and to which all minor employees have access;

            (b) On the internet in a manner that is accessible to the employer's employees.

Thus, under the revised law, employers may now post the abstract made available by the director of commerce online to satisfy Ohio’s notice requirement for the employment of minors.  All other aspects of the subchapter, including posting a list of all minor employees on the business premises, remain unchanged.  Similar revisions are as follows:

• ORC §4111.09(A)(2), allows employers to post the required summary of Ohio’s minimum fair wage standards provided by the director of commerce, “On the internet in a manner that is accessible to the employer’s employees.”
• ORC §4112.07, allows employers to post the required summary prepared by Ohio’s Civil Rights Commission, “on the internet in a manner that is accessible to the public.”
• ORC §4115.07 now reads to allow contractors or subcontractors to post the schedule of wage rates for laborers, workers and mechanics employed “on the internet in a manner that is accessible to the contractor’s or subcontractor’s employees.”
• ORC §4123.54(F) provides that “[an] employer may post the written notice required by [the bureau of workers’ compensation] on the internet in a manner that is accessible to the employer’s employees.”
• ORC §4123.83 authorizes employers to post proof of workers’ compensation coverage “on the internet in a manner that is accessible to the employer’s employees.”
• ORC §4167.11(B)(2) allows public employers to post notices of their public employee’s rights, including Ohio’s employment risk reduction standards, “on the internet in a manner that is accessible to the public employer’s employees.”

Considerations for Implementation of SB 33 Online Notice Allowance

Employers should evaluate the accessibility requirements for each notice and weigh the risks of broader online availability. Notices that are already public (e.g., Civil Rights summaries, wage standards) may be easily posted on company websites. Conversely, sensitive information such as wage schedules under ORC §4115.07 may require restricted access, which could be costly to implement compared to traditional on-site postings.  Thus, SB 33 provides Ohio employers with greater flexibility to meet statutory posting requirements in a digital format, while requiring careful consideration of accessibility, confidentiality and cost implications before implementation.

If your organization is evaluating whether to transition required postings online, our team can help you assess compliance obligations and implementation options. Contact us to discuss next steps.

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