(A) Every employer doing business in this state shall, on or before the first day of each month, pay all its employees the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and shall, on or before the fifteenth day of each month, pay such employees the wages earned by them during the last half of the preceding calendar month. If at any time of payment an employee is absent from the employee's regular place of labor and does not receive payment of wages through an authorized representative, such person shall be entitled to said payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and where such pay is due. This section does not prohibit the daily or weekly payment of wages. The use of a longer time lapse that is customary to a given trade, profession or occupation, or establishment of a different time lapse by written contract or by operation of law.
(B) Where wages remain unpaid for thirty days beyond the regularly scheduled payday or, in the case where no regularly scheduled payday is applicable, for sixty days beyond the filing by the employee of a claim or for sixty days beyond the date of the agreement, award, or other act making wages payable and no contest court order or dispute of any wage claim including the assertion of a counterclaim exists accounting for nonpayment, the employer, in addition, as liquidated damages, is liable to the employee in an amount equal to six per cent of the amount of the claim still unpaid and not in contest or disputed or two hundred dollars, whichever is greater.
(C) In the absence of a contest, court order or dispute, an employer who is party to an agreement to pay or provide fringe benefits to an employee or to make any employee authorized deduction becomes a trustee of any funds required by such agreement to be paid to any person, organization, or governmental agency from the time that the duty to make such payment arises. No person shall, without reasonable justification or excuse for such failure, knowingly fail or refuse to pay to the appropriate person, organization, or governmental agency the amount necessary to provide the benefits or accomplish the purpose of any employee authorized deduction, within thirty days after the close of the pay period during which the employee earned or had deducted the amount of money necessary to pay for the fringe benefit or make any employee authorized deduction. A failure or refusal to pay, regardless of the number of employee pay accounts involved, constitutes one offense for the first delinquency of thirty days and a separate offense for each successive delinquency of thirty days.
(D) As used in this section and section 4113.16 of the Revised Code:
(1) "Wage" means the net amount of money payable to an employee, including any guaranteed pay or reimbursement for expenses, less any federal, state, or local taxes withheld; any deductions made pursuant to a written agreement for the purpose of providing the employee with any fringe benefits; and any employee authorized deduction.
(2) "Fringe benefits" includes but is not limited to health, welfare, or retirement benefits, whether paid for entirely by the employer or on the basis of a joint employer-employee contribution, or vacation, separation, or holiday pay.
(3) "Employee authorized deduction" includes but is not limited to deductions for the purpose of any of the following:
(a) Purchase of United States savings bonds or corporate stocks or bonds ;
(b) A charitable contribution ;
(c) Credit union savings or other regular savings program ;
(d) Repayment of a loan or other obligation.
(4) "Employer" means an individual, firm, partnership, association, or corporation, but does not include a franchisor with respect to the franchisor's relationship with a franchisee or an employee of a franchisee, unless either of the following applies:
(a) The franchisor agrees to assume that role in writing.
(b) A court of competent jurisdiction determines that the franchisor exercises a type or degree of control over the franchisee or the franchisee's employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademark, brand, or both.
(5) "Franchisor" and "franchisee" have the same meanings as in 16 C.F.R. 436.1.
Notes of Decisions
Cited in 150
cases (89 in the last 5 years), 1981–2026 · leading case: Gurary v. John Carroll Univ., 2024 Ohio 3114 (Ohio Ct. App. 2024).
Gurary v. John Carroll Univ., 2024 Ohio 3114 (Ohio Ct. App. 2024). · cites it 7דGurary sought to recover the $4,970 allegedly owed him pursuant to the terms of his contract, along with statutory damages under R.C. 4113.15(B) — or, in the alternative, “the value lost due to [Gurary’s] reliance on [JCU’s] promises to pay him the salary stated on the…”
Brown v. Fukuvi USA Inc., 2022 Ohio 1608 (Ohio Ct. App. 2022). · cites it 12דOn October 2, 2019, Brown filed a complaint against Fukuvi and Fukuvi- Japan alleging breach of contract, promissory estoppel, unjust enrichment, violation of the PPA (R.C. 4113.15), and fraudulent and negligent misrepresentation.”
Castillo v. Morales, Inc., 302 F.R.D. 480 (S.D. Ohio 2014). · cites it 4דII, § 34a (Counts I, III, IX), the FLSA (Counts II, IV, VI, VII), O.R.C. § 4113.15 (Count VIII), and the Ohio Minimum Wage Fail’ Standards Act, O.”
De Angelis v. Icon Entm't Grp. Inc., 364 F. Supp. 3d 787 (S.D. Ohio 2019). · cites it 2ד, the Ohio Semi-Monthly Payment Act, O.R.C. § 4113.15, and common law unjust enrichment for failing to pay dancers minimum wage for all hours worked, including failure to pay overtime.”
Sutka v. Yazaki North Am. Inc., 256 F. Supp. 3d 677 (E.D. Mich. 2017). · cites it 6דPlaintiff seeks unpaid wages under the FLSA, as well as liquidated damages for late -payment of wages under the Ohio Prompt Pay Act (“OPPA”), Ohio Rev. Code § 4113.15. Now before the , Court.”
Scheck v. Maxim Healthcare Servs., Inc., 333 F. Supp. 3d 751 (N.D. Ohio 2018). · cites it 4דAny of Plaintiff's FLSA claims falling outside of the two years must be dismissed. In addition to Plaintiff's claims under the FLSA, Plaintiff has brought Ohio law claims under R.”
Lewis v. Huntington Nat'l Bank, 789 F. Supp. 2d 863 (S.D. Ohio 2011). · cites it 2ד10, on behalf of all MLOs employed at Huntington’s Ohio branches since January 18, 2008, denied overtime, and compensated under the Plan or the Salary Plan (“Ohio Subclass”); and (3) violations of the Ohio Prompt Pay Act (“Ohio Pay Act”), Ohio Rev.Code Ann. § 4113.15, on behalf…”
Donna Craig v. Bridges Bros. Trucking LLC, 823 F.3d 382 (6th Cir. 2016). “Craig also brought a claim under Ohio’s Prompt Pay-Act, Ohio Rev. Code § 4113.15. The parties and trial court, however, agreed that this claim “rises and falls with her FLSA and Ohio Overtime claims.”
United Bhd. of Carpenters v. Paul Lugger Displays, Inc., 441 N.E.2d 581 (Ohio Ct. App. 1981). · cites it 11דThe Court below erred in holding that by virtue of Revised Code Section 4113.15, Plaintiffs do not possess claims to the assets of Defendant, Paul Lugger Displays, Inc.”
Lower v. Elec. Data Sys. Corp., 494 F. Supp. 2d 770 (S.D. Ohio 2007). · cites it 9דHerein, Plaintiff insists that a clear public policy exists in Ohio Revised Code § 4113.15, which requires employers to pay employees their earned wages on no less than a bi-weekly basis (Doc.”
Frisby v. Keith D. Weiner & Assocs. Co., LPA, 669 F. Supp. 2d 863 (N.D. Ohio 2009). · cites it 3דation of the Fair Labor Standards Act of 1938, (2) failed to pay her overtime in violation of Ohio’s Minimum Wage Standards Act and the Ohio Constitution, (3) failed to keep adequate employment records in violation of the FLSA, (4) failed to keep adequate employment records in…”
Bollman v. Lavery Auto. Sales & Serv., L.L.C., 2019 Ohio 3879 (Ohio Ct. App. 2019). · cites it 7דOhio’s Prompt Pay Act - R.C. 4113.15 {¶20} R.C. 4113.15(A), Ohio’s Prompt Pay Act, provides: Every employer doing business in this state shall, on or before the first day of each month, pay all its employees the wages earned by them during the first half of the preceding month…”
Bollman v. Lavery Auto. Sales & Serv., L.L.C., 2019 Ohio 3879 (Ohio Ct. App. 2019). “Ohio’s Prompt Pay Act - R.C. 4113.15 {¶20} R.C. 4113.15(A), Ohio’s Prompt Pay Act, provides: Every employer doing business in this state shall, on or before the first day of each month, pay all its employees the wages earned by them during the first half of the preceding month…”
Sutka v. Yazaki North Am. Inc., 256 F. Supp. 3d 677 (E.D. Mich. 2017). “Plaintiff seeks unpaid wages under the FLSA, as well as liquidated damages for late -payment of wages under the Ohio Prompt Pay Act (“OPPA”), Ohio Rev. Code § 4113.15. Now before the , Court.”
Brown v. Fukuvi USA Inc., 2022 Ohio 1608 (Ohio Ct. App. 2022). “On October 2, 2019, Brown filed a complaint against Fukuvi and Fukuvi- Japan alleging breach of contract, promissory estoppel, unjust enrichment, violation of the PPA (R.C. 4113.15), and fraudulent and negligent misrepresentation.”
Gurary v. John Carroll Univ., 2024 Ohio 3114 (Ohio Ct. App. 2024). “Gurary sought to recover the $4,970 allegedly owed him pursuant to the terms of his contract, along with statutory damages under R.C. 4113.15(B) — or, in the alternative, “the value lost due to [Gurary’s] reliance on [JCU’s] promises to pay him the salary stated on the…”
Sutka v. Yazaki North Am. Inc., 256 F. Supp. 3d 677 (E.D. Mich. 2017). “Plaintiff seeks unpaid wages under the FLSA, as well as liquidated damages for late -payment of wages under the Ohio Prompt Pay Act (“OPPA”), Ohio Rev. Code § 4113.15. Now before the , Court.”
Scheck v. Maxim Healthcare Servs., Inc., 333 F. Supp. 3d 751 (N.D. Ohio 2018). “Any of Plaintiff's FLSA claims falling outside of the two years must be dismissed. In addition to Plaintiff's claims under the FLSA, Plaintiff has brought Ohio law claims under R.”
Lower v. Elec. Data Sys. Corp., 494 F. Supp. 2d 770 (S.D. Ohio 2007). “Herein, Plaintiff insists that a clear public policy exists in Ohio Revised Code § 4113.15, which requires employers to pay employees their earned wages on no less than a bi-weekly basis (Doc.”
— Ohio Rev. Code § 4113.15(C) — 9 cases
United Bhd. of Carpenters v. Paul Lugger Displays, Inc., 441 N.E.2d 581 (Ohio Ct. App. 1981). “The Court below erred in holding that by virtue of Revised Code Section 4113.15, Plaintiffs do not possess claims to the assets of Defendant, Paul Lugger Displays, Inc.”
Brown v. Fukuvi USA Inc., 2022 Ohio 1608 (Ohio Ct. App. 2022). “On October 2, 2019, Brown filed a complaint against Fukuvi and Fukuvi- Japan alleging breach of contract, promissory estoppel, unjust enrichment, violation of the PPA (R.C. 4113.15), and fraudulent and negligent misrepresentation.”
— Ohio Rev. Code § 4113.15(D) — 2 cases
Brown v. Fukuvi USA Inc., 2022 Ohio 1608 (Ohio Ct. App. 2022). “On October 2, 2019, Brown filed a complaint against Fukuvi and Fukuvi- Japan alleging breach of contract, promissory estoppel, unjust enrichment, violation of the PPA (R.C. 4113.15), and fraudulent and negligent misrepresentation.”
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