In this series, we will explore some of the ways states vary from one another in their employment laws.

State minimum wage laws are common. Every state except Louisiana, Mississippi, and South Carolina has a law setting a minimum wage. Colorado, Florida, and Ohio take this a step further by including minimum wage provisions in their state constitutions. Of those three states, Ohio stands apart with some relatively extensive requirements for minimum wage record keeping.

Pursuant to Article II, Section 34a of Ohio’s Constitution, employers must maintain records of each employee’s name, address, occupation, pay rate, hours worked for each day worked, and total amount paid to the employee. Employers are responsible for maintaining such records for at least three years following the last date on which each employee was employed. Any employee has the right to request these records from their employer (and, in my experience, Ohio plaintiff’s lawyers frequently request this information when they send demand letters). If an employer has failed to maintain the required information, an employee has a private right of action and can recover equitable and monetary relief.

Ohio is generally regarded as a fairly pro-employer state, and it does relatively little to regulate employment relationships compared to other states. Consequently, it is surprising that Ohio, of all states, has such a constitutional protection related to its minimum wage. Employers that do business in Ohio should be aware of this constitutional requirement and take care to preserve the required records for current and recently-separated employees.