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Ohio Revised Code

Ohio Rev. Code § 4115.04 (2026)

Determination of prevailing wage - exceptions

✓ current as of May 2026
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Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
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(A)(1) Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have the director of commerce determine the prevailing rates of wages of mechanics and laborers in accordance with section 4115.05 of the Revised Code for the class of work called for by the public improvement, in the locality where the work is to be performed. Except as provided in division (A)(2) of this section, that schedule of wages shall be attached to and made part of the specifications for the work, and shall be printed on the bidding blanks where the work is done by contract. A copy of the bidding blank shall be filed with the director before the contract is awarded. A minimum rate of wages for common laborers, on work coming under the jurisdiction of the department of transportation, shall be fixed in each county of the state by the department of transportation, in accordance with section 4115.05 of the Revised Code.

(2) In the case of contracts that are administered by the department of natural resources, the director of natural resources or the director's designee shall include language in the contracts requiring wage rate determinations and updates to be obtained directly from the department of commerce through electronic or other means as appropriate. Contracts that include this requirement are exempt from the requirements established in division (A)(1) of this section that involve attaching the schedule of wages to the specifications for the work, making the schedule part of those specifications, and printing the schedule on the bidding blanks where the work is done by contract.

(B) Sections 4115.03 to 4115.16 of the Revised Code do not apply to:

(1) Public improvements in any case where the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in constructing such improvements, provided that the federal government or any of its agencies prescribes predetermined minimum wages to be paid to mechanics and laborers employed in the construction of such improvements;

(2) A participant in a work activity, developmental activity, or an alternative work activity under sections 5107.40 to 5107.69 of the Revised Code when a public authority directly uses the labor of the participant to construct a public improvement if the participant is not engaged in paid employment or subsidized employment pursuant to the activity;

(3) Public improvements undertaken by, or under contract for, the board of education of any school district or the governing board of any educational service center;

(4) Public improvements undertaken by, or under contract for, a county hospital operated pursuant to Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code if none of the funds used in constructing the improvements are the proceeds of bonds or other obligations that are secured by the full faith and credit of the state, a county, a township, or a municipal corporation and none of the funds used in constructing the improvements, including funds used to repay any amounts borrowed to construct the improvements, are funds that have been appropriated for that purpose by the state, a board of county commissioners, a township, or a municipal corporation from funds generated by the levy of a tax, provided that a county hospital or municipal hospital may elect to apply sections 4115.03 to 4115.16 of the Revised Code to a public improvement undertaken by, or under contract for, the hospital;

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e) of section 176.05 of the Revised Code;

(6) Public improvements undertaken by, or under contract for, a port authority as defined in section 4582.01 or 4582.21 of the Revised Code;

(7) Any portion of a public improvement undertaken and completed solely with labor donated by the individuals performing the labor, by a labor organization and its members, or by a contractor or subcontractor that donates all labor and materials for that portion of the public improvement project.

(C) Under no circumstances shall a public authority apply the prevailing wage requirements of this chapter to a public improvement that is exempt under division (B)(3) of this section.
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1954–2021 · leading case: Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., 690 N.E.2d 515 (Ohio 1998).
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Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., 690 N.E.2d 515 (Ohio 1998). · cites it 2× “05, in governing establishment of prevailing wage rates, states, “The prevailing rate of wages to be paid for a legal day’s work, as prescribed in section 4115.04 of the Revised Code, to laborers, workmen, or mechanics upon public works shall not be less at any time during the…”
J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346 (Ohio 1998). · cites it 2× “10(D) provides: “Where persons are employed and their rate of wages has been determined as provided in section 4115.04 of the Revised Code, no person, either for self or any other person, shall request, demand, or receive, either before or after the person is engaged, that the…”
Robbins Sound, Inc. v. Ohio Univ., 590 N.E.2d 877 (Ohio Ct. App. 1990). · cites it 7× “04 provides in part: *554 "Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have the department of industrial relations determine the…”
Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). “Law § 220 (New York); Ohio Rev Code Ann. § 4115.04 (Ohio); Okla.”
Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., Inc., 1998 Ohio 465 (Ohio 1998). · cites it 2× “05, in governing establishment of prevailing wage rates, states, “The prevailing rate of wages to be paid for a legal day’s work, as prescribed in section 4115.04 of the Revised Code, to laborers, workmen, or mechanics upon public works shall not be less at any time during the…”
Vaughn Indus., Inc. v. Dimech Servs., 856 N.E.2d 312 (Ohio Ct. App. 2006). · cites it 2× “R.C. 4115.04(A). The prevailing rate of wages for a specific jobsite is then set forth in a prevailing-wage-rate schedule that is posted at the job site.”
Internatl. Bhd. of Elec. Workers Local Union No. 8 v. Bd. of Defiance Cty. Commrs., 2013 Ohio 5198 (Ohio Ct. App. 2013). · cites it 9× “{¶15} However, under R.C. 4115.04(B), certain public improvements are exempt from R.”
Ohio Asphalt Paving, Inc. v. Ohio Dep't of Indus. Relations, 589 N.E.2d 35 (Ohio 1992). · cites it 3× “R.C. 4115.04 states that “ * * * [the] public authority * * * shall have the department of industrial relations determine the prevailing rates of wages * * * in the locality where the work is to be performed.”
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). “03(C) (defining “public improvement” to include “all buildings * * * constructed by a public authority” which would include a school board under the definition of “public authority,” set forth in R.”
State Ex Rel. Jones v. Hamilton Cnty. Bd. of Commissioners, 705 N.E.2d 1247 (Ohio Ct. App. 1997). · cites it 2× “” R.C. 4115.04 states in part: “Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have the bureau of employment services determine the…”
Harris v. City of Cincinnati, 607 N.E.2d 15 (Ohio Ct. App. 1992). “R.C. 4115.04. “ ‘[T]he primary purpose of the prevailing wage law is to support the integrity of the collective bargaining process by preventing the undercutting of employ *169 ee wages in the private sector.”
Harris v. Davis Constr. Sys., Inc., 518 N.E.2d 956 (Ohio Ct. App. 1986). · cites it 3× “It is also alleged that Eastland did not comply with R.C. 4115.04, 4115.08, and 4115.09 by failing to have the department determine the prevailing wage prior to advertising for bids, by failing to ascertain the prevailing rates of wages, and by awarding a contract without first…”
Show all 25 citing cases →
— Ohio Rev. Code § 4115.04(A) — 1 case
Vaughn Indus., Inc. v. Dimech Servs., 856 N.E.2d 312 (Ohio Ct. App. 2006). “R.C. 4115.04(A). The prevailing rate of wages for a specific jobsite is then set forth in a prevailing-wage-rate schedule that is posted at the job site.”
— Ohio Rev. Code § 4115.04(A)(1) — 3 cases
State ex rel. Associated Builders & Contrs. of Cent. Ohio v. Franklin Cty. Bd. of Commrs., 2010 Ohio 1199 (Ohio 2010).
Pruneau v. Dep't of Com., Bureau of Wage & Hour, 191 Ohio App. 3d 588 (Ohio Ct. App. 2010).
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 4115.04(B) — 2 cases
Internatl. Bhd. of Elec. Workers Local Union No. 8 v. Bd. of Defiance Cty. Commrs., 2013 Ohio 5198 (Ohio Ct. App. 2013). “{¶15} However, under R.C. 4115.04(B), certain public improvements are exempt from R.”
Safeair Contrs., Inc. v. Alabasi Constr., Inc., 2017 Ohio 7951 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 4115.04(B)(1) — 1 case
Internatl. Bhd. of Elec. Workers Local Union No. 8 v. Bd. of Defiance Cty. Commrs., 2013 Ohio 5198 (Ohio Ct. App. 2013). “{¶15} However, under R.C. 4115.04(B), certain public improvements are exempt from R.”
— Ohio Rev. Code § 4115.04(B)(3) — 1 case
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). “03(C) (defining “public improvement” to include “all buildings * * * constructed by a public authority” which would include a school board under the definition of “public authority,” set forth in R.”
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