Ohio Rev. Code » Chapter 4115
Ohio Revised Code

Ohio Rev. Code § 4115.03 (2026)

Wages and hours on public works definitions

✓ current as of May 2026
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Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
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As used in sections 4115.03 to 4115.16 of the Revised Code:

(A) "Public authority" means any officer, board, or commission of the state, or any political subdivision of the state, authorized to enter into a contract for the construction of a public improvement or to construct the same by the direct employment of labor, or any institution supported in whole or in part by public funds and said sections apply to expenditures of such institutions made in whole or in part from public funds.

(B) "Construction" means any of the following:

(1) Except as provided in division (B)(3) of this section, any new construction of a public improvement, the total overall project cost of which is fairly estimated to be more than the following amounts and performed by other than full-time employees who have completed their probationary periods in the classified service of a public authority:

(a) One hundred twenty-five thousand dollars, beginning on September 29, 2011, and continuing for one year thereafter;

(b) Two hundred thousand dollars, beginning when the time period described in division (B)(1)(a) of this section expires and continuing for one year thereafter;

(c) Two hundred fifty thousand dollars, beginning when the time period described in division (B)(1)(b) of this section expires.

(2) Except as provided in division (B)(4) of this section, any reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting of a public improvement, the total overall project cost of which is fairly estimated to be more than the following amounts and performed by other than full-time employees who have completed their probationary period in the classified civil service of a public authority:

(a) Thirty-eight thousand dollars, beginning on September 29, 2011, and continuing for one year thereafter;

(b) Sixty thousand dollars, beginning when the time period described in division (B)(2)(a) of this section expires and continuing for one year thereafter;

(c) Seventy-five thousand dollars, beginning when the time period described in division (B)(2)(b) of this section expires.

(3) Any new construction of a public improvement that involves roads, streets, alleys, sewers, ditches, and other works connected to road or bridge construction, the total overall project cost of which is fairly estimated to be more than seventy-eight thousand two hundred fifty-eight dollars adjusted biennially by the director of commerce pursuant to section 4115.034 of the Revised Code and performed by other than full-time employees who have completed their probationary periods in the classified service of a public authority;

(4) Any reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting of a public improvement that involves roads, streets, alleys, sewers, ditches, and other works connected to road or bridge construction, the total overall project cost of which is fairly estimated to be more than twenty-three thousand four hundred forty-seven dollars adjusted biennially by the director of commerce pursuant to section 4115.034 of the Revised Code and performed by other than full-time employees who have completed their probationary periods in the classified service of a public authority.

(C) "Public improvement" includes all buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, water works, and all other structures or works constructed by a public authority of the state or any political subdivision thereof or by any person who, pursuant to a contract with a public authority, constructs any structure for a public authority of the state or a political subdivision thereof. When a public authority rents or leases a newly constructed structure within six months after completion of such construction, all work performed on such structure to suit it for occupancy by a public authority is a "public improvement." "Public improvement" does not include an improvement authorized by section 940.06 of the Revised Code that is constructed pursuant to a contract with a soil and water conservation district, as defined in section 940.01 of the Revised Code, or performed as a result of a petition filed pursuant to Chapter 6131., 6133., or 6135. of the Revised Code, wherein no less than seventy-five per cent of the project is located on private land and no less than seventy-five per cent of the cost of the improvement is paid for by private property owners pursuant to Chapter 940., 6131., 6133., or 6135. of the Revised Code.

(D) "Locality" means the county wherein the physical work upon any public improvement is being performed.

(E) "Prevailing wages" means the sum of the following:

(1) The basic hourly rate of pay;

(2) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program;

(3) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the following fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected:

(a) Medical or hospital care or insurance to provide such;

(b) Pensions on retirement or death or insurance to provide such;

(c) Compensation for injuries or illnesses resulting from occupational activities if it is in addition to that coverage required by Chapters 4121. and 4123. of the Revised Code;

(d) Supplemental unemployment benefits that are in addition to those required by Chapter 4141. of the Revised Code;

(e) Life insurance;

(f) Disability and sickness insurance;

(g) Accident insurance;

(h) Vacation and holiday pay;

(i) Defraying of costs for apprenticeship or other similar training programs which are beneficial only to the laborers and mechanics affected;

(j) Other bona fide fringe benefits.

None of the benefits enumerated in division (E)(3) of this section may be considered in the determination of prevailing wages if federal, state, or local law requires contractors or subcontractors to provide any of such benefits.

(F) "Interested party," with respect to a particular contract for construction of a public improvement, means:

(1) Any person who submits a bid for the purpose of securing the award of the contract;

(2) Any person acting as a subcontractor of a person described in division (F)(1) of this section;

(3) Any bona fide organization of labor which has as members or is authorized to represent employees of a person described in division (F)(1) or (2) of this section and which exists, in whole or in part, for the purpose of negotiating with employers concerning the wages, hours, or terms and conditions of employment of employees;

(4) Any association having as members any of the persons described in division (F)(1) or (2) of this section.

(G) Except as used in division (A) of this section, "officer" means an individual who has an ownership interest or holds an office of trust, command, or authority in a corporation, business trust, partnership, or association.
Notes of Decisions
Cited in 70 cases (2 in the last 5 years), 1954–2022 · leading case: Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009).
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Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). · cites it 29× “The project was a public improvement within the meaning of Ohio’s prevailing-wage law, R.C. 4115.03 et seq. {¶ 4} Local 33 filed a complaint against Gene’s for violations of the prevailing-wage law on the Grainger project.”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). · cites it 39× “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
Zurz v. 770 West Broad Aga, L.L.C., 949 N.E.2d 595 (Ohio Ct. App. 2011). · cites it 30× “The trial court refused to address appellees’ constitutional challenge but granted *524 appellees’ motion, concluding that prevailing-wage law was inapplicable because no public funds were spent on the project.”
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). · cites it 30× “The Sixth District reasoned that the statute conferred standing on any person or entity that met the definition of an “interested party,” without regard to whether such person or entity had a “personal stake” in the controversy under common-law principles. The Sixth District…”
Episcopal Ret. Homes, Inc. v. Ohio Dep't of Indus. Relations, 575 N.E.2d 134 (Ohio 1991). · cites it 7× “R.C. 4115.03 et seq. is a comprehensive formulation by the General Assembly designed to protect private sector collective bargaining agreements in the construction trades.”
U.S. Corr. Corp. v. Ohio Dep't of Indus. Relations, 652 N.E.2d 766 (Ohio 1995). · cites it 19× “92) and the prevailing wage law (R.C. 4115.03 et seq.), for the construction, improvement, furnishing, and equipping of correctional facilities to be leased.”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). · cites it 10× “The administrator shall use the fund for the enforcement of sections 4115.03 to 4115.16 of the Revised Code.”
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). · cites it 12× “071(C) or knowingly submitting false or erroneous reports; (2) an intentional misclassification of employees for the purpose of reducing wages; or (3) an intentional misclassification of employees as independent contractors or as apprentices, among others.”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). · cites it 23× “ABC further argues that R.C. 4115.03(F) and 4115.16(B) do not require parties to submit a “directly competitive bid on the exact same contract” before attaining interested-party standing.”
Harris v. City of Cincinnati, 607 N.E.2d 15 (Ohio Ct. App. 1992). · cites it 11× “The trial court erred to the prejudice of plaintiffs-appellants in declaring that the Tower Place Project is not a ‘public improvement’ subject to Ohio’s prevailing wage law, R.C. 4115.03 et seq. “4. The trial court erred to the prejudice of plaintiffs-appellants in declaring…”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). · cites it 7× “The administrator shall use the fund for the enforcement of sections 4115.03 to 4115.16 of the Revised Code.”
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Mohawk Mech., Inc., 716 N.E.2d 198 (Ohio 1999). · cites it 14× “The union contends that it falls within the definition of “interested party” provided by subsection (F)(2) of R.C. 4115.03. It claims that it was the authorized representative of employees of a subcontractor (Mohawk) of a person “mentioned in division (F)(1)” (Standard), who had…”
Show all 70 citing cases →
— Ohio Rev. Code § 4115.03(A) — 8 cases
Zurz v. 770 West Broad Aga, L.L.C., 949 N.E.2d 595 (Ohio Ct. App. 2011). “The trial court refused to address appellees’ constitutional challenge but granted *524 appellees’ motion, concluding that prevailing-wage law was inapplicable because no public funds were spent on the project.”
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). “071(C) or knowingly submitting false or erroneous reports; (2) an intentional misclassification of employees for the purpose of reducing wages; or (3) an intentional misclassification of employees as independent contractors or as apprentices, among others.”
State ex. rel. N. Ohio Chapter of Associated Builders & Contractors, Inc. v. Barberton City Sch. Dist. Bd. of Educ., 935 N.E.2d 861 (Ohio Ct. App. 2010).
Nw. Ohio Bldg. & Constr. Trades Council v. Ottawa Cnty. Improvement Corp., 2009 Ohio 2957 (Ohio 2009).
Harris v. City of Cincinnati, 607 N.E.2d 15 (Ohio Ct. App. 1992). “The trial court erred to the prejudice of plaintiffs-appellants in declaring that the Tower Place Project is not a ‘public improvement’ subject to Ohio’s prevailing wage law, R.C. 4115.03 et seq. “4. The trial court erred to the prejudice of plaintiffs-appellants in declaring…”
— Ohio Rev. Code § 4115.03(B) — 5 cases
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). “071(C) or knowingly submitting false or erroneous reports; (2) an intentional misclassification of employees for the purpose of reducing wages; or (3) an intentional misclassification of employees as independent contractors or as apprentices, among others.”
U.S. Corr. Corp. v. Ohio Dep't of Indus. Relations, 652 N.E.2d 766 (Ohio 1995). “92) and the prevailing wage law (R.C. 4115.03 et seq.), for the construction, improvement, furnishing, and equipping of correctional facilities to be leased.”
Zurz v. 770 West Broad Aga, L.L.C., 949 N.E.2d 595 (Ohio Ct. App. 2011). “The trial court refused to address appellees’ constitutional challenge but granted *524 appellees’ motion, concluding that prevailing-wage law was inapplicable because no public funds were spent on the project.”
Internatl. Bhd. of Elec. Workers Local Union No. 8 v. Bd. of Defiance Cty. Commrs., 2013 Ohio 5198 (Ohio Ct. App. 2013).
U.S. Corr. Corp. v. Ohio Dept. Indus. Relations, 1995 Ohio 102 (Ohio 1995).
— Ohio Rev. Code § 4115.03(B)(2) — 3 cases
Beder v. Cerha Kitchen & Bath Design Studio, L.L.C., 2022 Ohio 4463 (Ohio Ct. App. 2022).
State Ex Rel. Jones v. Hamilton Cnty. Bd. of Commissioners, 705 N.E.2d 1247 (Ohio Ct. App. 1997).
State ex rel. Ohio Inst. For Fair Contracting, Inc. v. Porter, 2014 Ohio 2194 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 4115.03(C) — 15 cases
Episcopal Ret. Homes, Inc. v. Ohio Dep't of Indus. Relations, 575 N.E.2d 134 (Ohio 1991). “R.C. 4115.03 et seq. is a comprehensive formulation by the General Assembly designed to protect private sector collective bargaining agreements in the construction trades.”
Zurz v. 770 West Broad Aga, L.L.C., 949 N.E.2d 595 (Ohio Ct. App. 2011). “The trial court refused to address appellees’ constitutional challenge but granted *524 appellees’ motion, concluding that prevailing-wage law was inapplicable because no public funds were spent on the project.”
U.S. Corr. Corp. v. Ohio Dep't of Indus. Relations, 652 N.E.2d 766 (Ohio 1995). “92) and the prevailing wage law (R.C. 4115.03 et seq.), for the construction, improvement, furnishing, and equipping of correctional facilities to be leased.”
Harris v. City of Cincinnati, 607 N.E.2d 15 (Ohio Ct. App. 1992). “The trial court erred to the prejudice of plaintiffs-appellants in declaring that the Tower Place Project is not a ‘public improvement’ subject to Ohio’s prevailing wage law, R.C. 4115.03 et seq. “4. The trial court erred to the prejudice of plaintiffs-appellants in declaring…”
State ex. rel. N. Ohio Chapter of Associated Builders & Contractors, Inc. v. Barberton City Sch. Dist. Bd. of Educ., 935 N.E.2d 861 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 4115.03(D) — 2 cases
Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., 690 N.E.2d 515 (Ohio 1998).
Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., Inc., 1998 Ohio 465 (Ohio 1998).
— Ohio Rev. Code § 4115.03(E) — 7 cases
Consolo v. City of Cleveland, 815 N.E.2d 1114 (Ohio 2004).
Vaughn Indus., Inc. v. Dimech Servs., 856 N.E.2d 312 (Ohio Ct. App. 2006).
Harris v. Atlas Single Ply Sys., Inc., 593 N.E.2d 1376 (Ohio 1992).
Int'l Ass'n of Bridge Workers, Local 372 v. Sunesis Constr. Co., 917 N.E.2d 343 (Ohio Ct. App. 2009).
State ex rel. Mun. Constr. Equip. Operators' Labor Council v. City of Cleveland, 114 Ohio St. 3d 183 (Ohio 2007).
— Ohio Rev. Code § 4115.03(E)(2) — 3 cases
Pruneau v. Dep't of Com., Bureau of Wage & Hour, 191 Ohio App. 3d 588 (Ohio Ct. App. 2010).
Int'l Bhd. of Elec. Workers v. Vaughn Indus., Inc., 156 Ohio App. 3d 644 (Ohio Ct. App. 2004).
Vaughn Indus., LLC v. Lake Erie Elec., Inc., 2011 Ohio 1146 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 4115.03(E)(3) — 4 cases
United Bhd. of Carpenters & Joiners of Am., Local Union No. 1581 v. Fitzenrider, 2012 Ohio 4653 (Ohio Ct. App. 2012).
Vaughn Indus., LLC v. Lake Erie Elec., Inc., 2011 Ohio 1146 (Ohio Ct. App. 2011).
Sheet Metal Workers' Internatl. Assn., Local Union No. 33 v. Fitzenrider, Inc., 2012 Ohio 4655 (Ohio Ct. App. 2012).
Mun. Constr. Equip. Operators' Labor Council v. Cleveland, 2012 Ohio 3358 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 4115.03(F) — 23 cases
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). “The project was a public improvement within the meaning of Ohio’s prevailing-wage law, R.C. 4115.03 et seq. {¶ 4} Local 33 filed a complaint against Gene’s for violations of the prevailing-wage law on the Grainger project.”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). “The Sixth District reasoned that the statute conferred standing on any person or entity that met the definition of an “interested party,” without regard to whether such person or entity had a “personal stake” in the controversy under common-law principles. The Sixth District…”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). “ABC further argues that R.C. 4115.03(F) and 4115.16(B) do not require parties to submit a “directly competitive bid on the exact same contract” before attaining interested-party standing.”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). “The administrator shall use the fund for the enforcement of sections 4115.03 to 4115.16 of the Revised Code.”
— Ohio Rev. Code § 4115.03(F)(1) — 5 cases
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). “The Sixth District reasoned that the statute conferred standing on any person or entity that met the definition of an “interested party,” without regard to whether such person or entity had a “personal stake” in the controversy under common-law principles. The Sixth District…”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). “ABC further argues that R.C. 4115.03(F) and 4115.16(B) do not require parties to submit a “directly competitive bid on the exact same contract” before attaining interested-party standing.”
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Mohawk Mech., Inc., 716 N.E.2d 198 (Ohio 1999). “The union contends that it falls within the definition of “interested party” provided by subsection (F)(2) of R.C. 4115.03. It claims that it was the authorized representative of employees of a subcontractor (Mohawk) of a person “mentioned in division (F)(1)” (Standard), who had…”
Int'l Ass'n of Bridge, Structural, & Ornamental Iron Workers, Local Union 290 v. Ohio Bridge Corp., 513 N.E.2d 358 (Ohio Ct. App. 1987).
— Ohio Rev. Code § 4115.03(F)(3) — 8 cases
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). “The project was a public improvement within the meaning of Ohio’s prevailing-wage law, R.C. 4115.03 et seq. {¶ 4} Local 33 filed a complaint against Gene’s for violations of the prevailing-wage law on the Grainger project.”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Mohawk Mech., Inc., 716 N.E.2d 198 (Ohio 1999). “The union contends that it falls within the definition of “interested party” provided by subsection (F)(2) of R.C. 4115.03. It claims that it was the authorized representative of employees of a subcontractor (Mohawk) of a person “mentioned in division (F)(1)” (Standard), who had…”
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). “The Sixth District reasoned that the statute conferred standing on any person or entity that met the definition of an “interested party,” without regard to whether such person or entity had a “personal stake” in the controversy under common-law principles. The Sixth District…”
Int'l Ass'n of Bridge Workers, Local 372 v. Sunesis Constr. Co., 917 N.E.2d 343 (Ohio Ct. App. 2009).
— Ohio Rev. Code § 4115.03(F)(4) — 4 cases
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). “ABC further argues that R.C. 4115.03(F) and 4115.16(B) do not require parties to submit a “directly competitive bid on the exact same contract” before attaining interested-party standing.”
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). “The project was a public improvement within the meaning of Ohio’s prevailing-wage law, R.C. 4115.03 et seq. {¶ 4} Local 33 filed a complaint against Gene’s for violations of the prevailing-wage law on the Grainger project.”
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). “The Sixth District reasoned that the statute conferred standing on any person or entity that met the definition of an “interested party,” without regard to whether such person or entity had a “personal stake” in the controversy under common-law principles. The Sixth District…”
— Ohio Rev. Code § 4115.03(F)(l) — 1 case
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “2d 600 , ¶ 10, citing R.C. 4115.03 through 4115.21 and J.A. Croson Co.”
— Ohio Rev. Code § 4115.03(H)(1) — 1 case
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). “071(C) or knowingly submitting false or erroneous reports; (2) an intentional misclassification of employees for the purpose of reducing wages; or (3) an intentional misclassification of employees as independent contractors or as apprentices, among others.”
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