Ohio has enacted Senate Bill 47, which exempts from the state’s overtime requirements time spent engaged in traveling to and from a worksite or performing specific tasks.
Effective July 6, 2022, the following tasks are exempt from overtime provisions when performed before the employee commences the principal activity, or after the employee stops performing the principal activity:
(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;
(2) activities that are preliminary or postliminary to the principal activity or activities;
(3) activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours. Note however that federal law might differ and therefore you should keep this risk in mind when an employee works beyond scheduled working hours.
Note: The exemption noted above does not apply when the employee performs such tasks:
· During the regular workday or during regular work hours;
· Under the direction of the employer;
· Under a contract or collective bargaining agreement; or
· The activity is customarily practiced at the place of the employment and the custom is not inconsistent with a contract.
Effective July 6, 2022, an “Employer” in Ohio need not include the tasks outlined in numbers (1) through (3) above when calculating overtime for its employees.
Please contact your dedicated service professional with any questions.