Ohio
Ohio Minimum Wage 2026: $11.00 Per Hour, $5.50 Tipped
Independently fact-checked against primary sources (last audited September 30, 2026). · 7 primary sources cited on this page. How we verify our legal content

Ohio's minimum wage is $11.00 per hour for non-tipped employees and $5.50 per hour in cash wages for tipped employees, effective January 1, 2026. The Ohio Constitution (art. II, section 34a) sets the rate and adjusts it every January 1 for inflation, and the Ohio Department of Commerce publishes the figure. Workers under 16 and employees of businesses below an indexed gross-receipts threshold ($405,000 for 2026) are owed only the federal $7.25. The Department of Commerce's 2027 minimum wage poster lists $11.40 per hour for non-tipped employees and $5.70 per hour plus tips for tipped employees, with a $420,000 gross-receipts threshold, for the adjustment that takes effect January 1, 2027.
Information last verified on September 30, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Ohio minimum wage under Ohio Const. art. II, section 34a and Ohio Revised Code Chapter 4111, plus the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime detail, wage-payment timing or other states.
What is the minimum wage in Ohio in 2026?
Ohio's minimum wage is $11.00 per hour for non-tipped employees as of January 1, 2026. The Department of Commerce's 2026 minimum wage poster states "A Minimum Wage of $11.00 per hour" for non-tipped workers and "A Minimum Wage of $5.50 per hour PLUS TIPS" for tipped workers.
The rate is not set by a bill each year. Section 34a of Article II sets it by formula, and ORC 4111.02 directs the director of commerce to adjust it annually as the Constitution requires.
Will Ohio's minimum wage change on January 1, 2027?
Yes. The Department of Commerce has published its 2027 minimum wage poster, which lists "A Minimum Wage of $11.40 per hour" for non-tipped employees and "A Minimum Wage of $5.70 per hour PLUS TIPS" for tipped employees. It also says employers who gross "less than $420,000" pay no less than the federal $7.25. Until January 1, 2027, the 2026 figures above remain in force.
The Constitution says that on the thirtieth day of each September the rate is increased, effective the first day of the following January, by the rate of inflation for the twelve months before that September under the consumer price index for urban wage earners and clerical workers (CPI-W), rounded to the nearest five cents.
The 2027 figures on the poster are the result of that adjustment. When this page was verified, the ohio.gov portal page still showed only the 2026 rate, so the poster is the source for the 2027 numbers.
| Period | Non-tipped | Tipped cash wage | Status |
|---|---|---|---|
| January 1, 2026 | $11.00 | $5.50 | In force |
| January 1, 2027 | $11.40 | $5.70 | Published on the Commerce 2027 poster |
Who gets the Ohio rate and who gets the federal $7.25?
Section 34a says that employees under 16 and employees of businesses with annual gross receipts at or below a set amount for the preceding calendar year are paid not less than the federal FLSA minimum wage. The original figure in the Constitution is $250,000, and it is increased each year by the change in the consumer price index and rounded to the nearest thousand dollars.
For 2026 the Commerce poster gives the figure as $405,000, and the 2027 poster gives it as $420,000. It words the rule as employers who gross "less than $405,000" paying no less than the current federal minimum wage of $7.25, while the Constitution's text says "or less." A business at exactly the threshold should confirm which reading applies with Commerce, because the two wordings differ at that one dollar figure.
Federal law can still apply to a small Ohio employer. The FLSA covers employees of enterprises with at least $500,000 in annual business, and it also covers employees of smaller firms who are engaged in interstate commerce or the production of goods for commerce. For the federal rules, see the federal minimum wage page. To compare other states, see minimum wage by state.
Tipped employees in Ohio
Ohio allows a tip credit. Section 34a lets an employer pay less than the minimum wage, but not less than half of it, if the employee's tips combined with the employer's wages equal or exceed the minimum wage for all hours worked. Half of $11.00 is $5.50, which is the cash wage on the 2026 poster.

The poster defines a tipped employee as one who customarily and regularly receives more than $30.00 per month in tips. If tips and the cash wage fall short of $11.00 in any period, the employer owes the difference. Under federal law, an employer may not keep employees' tips, and managers and supervisors may not keep any portion of them (29 U.S.C. 203(m)(2)(B)).
Other lower rates and workers the law does not cover
Section 34a and ORC 4111.14 contain several exceptions beyond the under-16 and small-business rules.
- Disability licenses: the state may issue licenses allowing a wage below the minimum to individuals with mental or physical disabilities (ORC 4111.14(C)).
- Family and casual workers: family members of the owners of a solely family-owned and operated business, and individuals employed in or about the employer's property or residence on a casual basis, are excluded.
- Volunteers and FLSA exemptions: volunteers and employees exempt under 29 U.S.C. 203(e) or 213 fall outside the state rate.
- Poster list: the Commerce poster also lists babysitters in the employer's home, live-in companions, executive, administrative, professional and outside sales employees, employees of the United States, and certain nonprofit camp and charitable hospital work.
Can an Ohio city set a higher minimum wage?
No. ORC 4111.02 provides that no political subdivision shall establish a minimum wage rate different from the rate required under that section. No Ohio locality with its own minimum wage was found.

The Constitution's section 34a also says laws may be passed in no manner restricting the power of municipalities under Article XVIII, and it counts political subdivisions as employers. This page did not find a court ruling addressing how that language interacts with the statute, so it states the statute as written.
How Ohio's minimum wage relates to the federal minimum wage
Where an employee is covered by both laws, the higher standard applies. The FLSA does not excuse noncompliance with a state law establishing a higher minimum wage (29 U.S.C. 218(a)). Because Ohio's $11.00 is above $7.25, most covered Ohio employees are owed the Ohio rate. Workers in the exceptions above, such as those at businesses below the gross-receipts threshold, are owed the federal $7.25 if the FLSA covers them.
Ohio workers near the state line may want to compare rates. Neighboring states with their own pages include Michigan, Indiana, Kentucky and West Virginia.
What to do if you are paid less than the Ohio minimum wage
The Ohio Department of Commerce, Bureau of Wage and Hour Administration, can answer questions about the minimum wage law and take complaints, according to the state portal. Section 34a says complaints filed with the state are to be investigated and resolved by the state.
Section 34a also gives employees several remedies:
- Lawsuit: the attorney general, an employee, or a person acting for all similarly situated employees may sue in any court of competent jurisdiction, with no requirement to go through the state first.
- Time limit: within three years of the violation, or of when a continuing violation ceased, or within one year after the employee is notified of the state's final disposition of a complaint for the same violation, whichever is later.
- Damages: back wages plus an additional two times the back wages, costs and reasonable attorney's fees.
- Retaliation: an employer may not discharge or otherwise discriminate or retaliate against an employee for exercising a right under section 34a. Damages for a retaliation violation are set by the state or court, not less than $150 for each day the violation continued.
- Records: an employer must keep the employee's name, address, occupation, pay rate, hours worked each day and amounts paid for at least three years after the last date of employment.
For the broader process of recovering unpaid pay, see unpaid wages. To estimate what unpaid overtime hours are worth, use the overtime calculator.
Disclaimer: This page provides general legal information, not legal advice. It covers Ohio Const. art. II, section 34a, Ohio Revised Code Chapter 4111 and the federal Fair Labor Standards Act as verified on September 30, 2026. For your situation, consult a lawyer licensed in Ohio or the Ohio Department of Commerce.
Related
- Federal minimum wage
- Ohio final paycheck laws
- Ohio at-will employment laws
- Unpaid wages
- Overtime calculator
Last updated: September 30, 2026.
Frequently Asked Questions
What is the minimum wage in Ohio?
$11.00 per hour for non-tipped employees since January 1, 2026, under Ohio Const. art. II, section 34a as published by the Department of Commerce.
What is Ohio's tipped minimum wage?
$5.50 per hour in cash wages for 2026. The Constitution requires that tips plus the cash wage reach the full minimum wage for all hours worked.
What will Ohio's minimum wage be in 2027?
The Department of Commerce 2027 poster lists $11.40 per hour for non-tipped employees and $5.70 per hour plus tips for tipped employees, with a $420,000 gross-receipts threshold. The Constitution makes each annual adjustment effective January 1.
Do small businesses in Ohio have to pay $11.00?
Not necessarily. Employers below the indexed gross-receipts threshold, listed as $405,000 for 2026 on the Commerce poster, owe the federal $7.25 under state law, though federal coverage rules may still apply.
Can teenagers be paid less than the minimum wage in Ohio?
Employees under 16 are paid not less than the federal minimum wage of $7.25 under section 34a, not the Ohio rate.
Can Columbus, Cleveland or Cincinnati set a higher minimum wage?
No. ORC 4111.02 says no political subdivision shall establish a minimum wage rate different from the state rate.
How long do I have to sue for unpaid minimum wages in Ohio?
Section 34a allows suit within three years of the violation, or within one year after the state's final disposition of a complaint, whichever is later.
What damages can I recover under Ohio law?
Back wages plus an additional two times the back wages, costs and reasonable attorney's fees, under Ohio Const. art. II, section 34a.
Where do I file a minimum wage complaint in Ohio?
The Ohio Department of Commerce, Bureau of Wage and Hour Administration, answers questions and takes complaints.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Ohio Revised Code
§ 4111.02Wage ratesIn force
Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay each of the employer's employees at a wage rate of not less than the wage rate specified in Section 34a of Article II, Ohio Constitution.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
§ 4111.14Implementing constitutional minimum wage authorityIn force
(A) Pursuant to the general assembly's authority to establish a minimum wage under Section 34 of Article II, Ohio Constitution, this section is in implementation of Section 34a of Article II, Ohio Constitution.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Haight v. Minchak (Slip Opinion) (Ohio Supreme Court 2016, 146 Ohio St. 3d 481)“…m wage—R.C. 411.14—The meaning of the term “employee” under R.C. 4111.14(B)(1) is constitutionally valid because…”
- Jones v. Carrols, L.L.C. (Ohio Court of Appeals 2019, 119 N.E.3d 453)“…Fair Minimum Wage Amendment, implemented by statute under R.C. 4111.14, is to: (1) Ensure that Ohio em…”
- Francis v. Northeast Ohio Neighborhood Health Serv. (Ohio Court of Appeals 2021, 2021 Ohio 3928)“…failure to produce requested records” in accordance with R.C. 4111.14. She contends that NEON failed to prov…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027, Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Ohio Department of Commerce, 2026 Minimum Wage Poster(dam.assets.ohio.gov).gov
- Ohio Department of Commerce, 2027 Minimum Wage Poster(dam.assets.ohio.gov).gov
- Ohio Constitution, Article II, Section 34a (Minimum wage)(codes.ohio.gov).gov
- Ohio Revised Code 4111.02 (Minimum wage rates)(codes.ohio.gov).gov
- Ohio.gov, Minimum Wage Law(ohio.gov).gov
- Ohio Revised Code 4111.14 (Exclusions and disability licenses)(codes.ohio.gov).gov
- 29 U.S.C. 203 (FLSA definitions, tips)(law.cornell.edu)
- 29 U.S.C. 218 (Relation to other laws)(law.cornell.edu)
- U.S. Department of Labor, Minimum Wage FAQ(dol.gov).gov