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Prevailing Wage in Ohio: A Guide to Rules, Requirements, Rates, and More for 2025
Learn about Ohio’s prevailing wage laws, covering worker pay, wage determinations, compliance, and contractor responsibilities for public construction projects in Ohio.
Prevailing wage laws in Ohio are critical for ensuring fair compensation for workers on public construction projects. These laws impact wages, project budgets, and compliance with state regulations. Employers and workers involved in public construction projects must understand these laws to ensure they are paid properly and in compliance with the rules.
This article provides an overview of Ohio’s prevailing wage laws, including how they are determined, what they cover, and how the state ensures compliance. Let’s get to it…
Understanding Ohio’s Prevailing Wage Laws
Ohio Revised Code (ORC) 4115
Ohio's Prevailing Wages on Public Works Act
Ohio’s prevailing wage law, codified in the Ohio Revised Code (ORC) 4115, are designed to ensure fair wages for workers on public improvement projects. These laws, administered by the Bureau of Wage & Hour Administration, play a critical role in maintaining wage standards for public construction work.
The Bureau enforces:
- Ohio’s Minimum Wage Laws (ORC 4111)
- Ohio’s Minor Labor Law (ORC 4109)
- Ohio’s Prevailing Wage Law (ORC 4115)
Determination of Prevailing Wages
Under ORC 4115.04, public authorities must determine the prevailing wage before advertising bids or starting construction. The Director of Commerce sets these wages based on the class of work and the project’s location, following Section 4115.05. Key requirements include:
- Attaching wage schedules to project specifications and bidding blanks.
- Filing bidding blanks with the Director before awarding contracts.
- Determining minimum rates for common laborers for Department of Transportation projects.
Contracts overseen by the Department of Natural Resources may use direct updates from the Department of Commerce, exempting them from certain wage schedule requirements.
1931
When Did Ohio's Prevailing Wage Law Take Effect?
Ohio’s prevailing wage law was enacted in 1931, the same year as the federal Davis-Bacon Act. This law mandates that workers on public construction projects receive wages that reflect the prevailing rates in their locality, which are often determined by collective bargaining agreements. The intent behind these laws is to protect local wage standards and ensure fair compensation for workers involved in government-funded construction projects.
ODC
The Ohio Department of Commerce is Responsible for Enforcing Prevailing Wage in Ohio
The Ohio Department of Commerce (ODC) publishes the active, commercial prevailing wage rates for all construction and related trade occupations within the state. Individuals who want to view the current prevailing wage rates must be registered within ODC’s site.
To launch Ohio’s prevailing wage rates portal, click here.
$250,000
What's the Minimum Value of Projects Covered by Prevailing Wage Laws in OH?
Ohio updates prevailing wage rates weekly based on new collective bargaining agreements. Public authorities must ensure contractors are compliant with the latest wage rates, which can change at any time.
Twice a Year
Prevailing Wage Rate Updates
Ohio updates prevailing wage rates weekly based on new collective bargaining agreements. Public authorities must ensure contractors are compliant with the latest wage rates, which can change at any time.
Ohio’s Prevailing Wages for Common Roles
$50.66 – $72.85 /hourElectrical Lineman
Electrical linemen are responsible for the installation and maintenance of high-voltage electrical lines. These professionals are guaranteed a base wage of $50.66 per hour.
Fringe BenefitsElectrical Lineman
Electrical linemen are entitled to substantial fringe benefits, which include:
- Health and Welfare (H&W): $7.25
- Pension Application (Pension App.): $1.52
- Training (Tr.): $0.51
- Vacation (Vac.): $00.00
- Annuity: $12.16
- Other: $0.75
This brings the total prevailing wage for electrical linemen to $72.85 per hour ($98.18 overtime rate).
$45.39 – $66.09 /hourMachine Operators (Operator A)
Operators A, who handle complex machinery for large-scale construction projects, are guaranteed a base wage of $45.39 per hour.
Fringe BenefitsMachine Operators (Operator A)
Machine operators (Operator A) workers receive significant fringe benefits, including:
- Health and Welfare (H&W): $7.25
- Pension Application (Pension App.): $1.36
- Training (Tr.): $0.45
- Vacation (Vac.): $00.00
- Annuity: $10.89
- Other: $0.75
This brings the total prevailing wage for Operator A to $66.09 per hour ($88.79 overtime rate).
$35.52 – $60.51 /hourAsbestos Insulation Worker
Asbestos insulation workers, who specialize in hazardous material management, earn a base wage of $35.52 per hour.
Fringe BenefitsAsbestos Insulation Worker
These workers are entitled to comprehensive fringe benefits, including:
- Health and Welfare (H&W): $8.15
- Pension Application (Pension App.): $9.65
- Apprentice Training (Tr.): $0.36
- Vacation (Vac.): $0.00
- Annuity: $6.59
- Other: $0.24
This brings the total prevailing wage for asbestos insulation workers to $60.51 per hour ($78.27 overtime rate).
$42.70 – $78.19 /hourBoilermaker
Boilermakers, responsible for constructing and repairing large industrial boilers, earn a base wage of $42.70 per hour.
Fringe BenefitsBoilermaker
Boilermakers receive a range of fringe benefits, including:
- Health and Welfare (H&W): $7.07
- Pension Application (Pension App.): $17.74
- Training (Tr.): $0.78
- Vacation (Vac.): $00.00
- Annuity: $9.56
- Other: $0.34
This brings the total prevailing wage for boilermakers to $78.19 per hour (overtime rate $99.54).
$33.39 – $53.45 /hourBricklayer
Bricklayers, especially those working on heavy highway projects, earn a base wage of $33.39 per hour.
Fringe BenefitsBricklayer
Bricklayers are entitled to the following fringe benefits:
- Health and Welfare (H&W): $10.00
- Pension Application (Pension App.): $9.53
- Training (Tr.): $0.53
- Vacation: $00.00
- Annuity: $00.00
- Other: $00.00
This brings the total prevailing wage for bricklayers to $53.45 per hour ($70.14 overtime rate).
Alternative CompensationFringe Benefit Payment Options
- Cash Payment: Fringe benefits can be included in the hourly base rate.
- Approved Plans: If benefits are paid into approved plans, the hourly amount must align with the prevailing wage schedule.
- Cash & Approved Plans: A combination of cash payments and contributions to approved plans can be used, provided proper documentation is maintained.
Calculation Guidelines
For benefits not paid hourly, the fringe benefit credit is calculated by dividing the yearly employer contribution by the lesser of:
- Actual documented hours worked in a year.
- 2,080 hours (full-time equivalent).
Ohio Prevailing Wage Resources
Ohio’s prevailing wage rates are established by the Department of Commerce, which collects and analyzes wage data from various construction trades across the state. These rates ensure that workers are paid fairly according to the local labor market standards.
Because wage rates can vary widely across Ohio’s counties, it’s crucial for contractors and businesses to stay updated. Rates for trades like painters, plasterers, plumbers, and sheet metal workers are determined for different regions, ensuring that workers are compensated in line with local standards.
For the most current prevailing wage rates, visit the Ohio Department of Commerce:
Ohio Department of Commerce – Prevailing Wage Page
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See how it worksTypical Fringe Benefits and Calculations in OH
Employers in Ohio may include their share of health insurance contributions as a fringe benefit under the prevailing wage law. If paid through an approved plan, the hourly amount must be calculated and documented accordingly.
Life insurance contributions by employers are also considered a fringe benefit under Ohio’s prevailing wage laws. These amounts must be included in the hourly fringe benefit calculation if offered.
Vacation time is not typically included as a fringe benefit under Ohio’s Prevailing Wage rules.
Ohio employers may contribute to a retirement plan as part of the fringe benefits package. Contributions must be calculated on an hourly basis by dividing the annual contribution by either documented hours worked or 2,080, whichever is less.
Employers can include bonuses or profit-sharing contributions as a fringe benefit. However, these payments must be documented and calculated into an hourly equivalent for compliance purposes.
Fringe benefits in Ohio include sick pay, holiday pay, personal leave, and vacation. Employers offering these benefits must calculate the value on an hourly basis to align with prevailing wage requirements.
Employers can include education or training program costs as a fringe benefit. These must also be converted into an hourly rate for accurate reporting under prevailing wage laws.
Employer Responsibilities in Ohio
-
Paying Prevailing Wages
Employers must pay workers the prevailing wages and fringe benefits outlined in the wage rate schedules issued by the Ohio Department of Commerce, Division of Industrial Compliance and Labor. -
Record Keeping
Employers must maintain full and accurate payroll records, including time cards, payroll ledgers, fringe benefit records, and more. These records must remain available for inspection by the Ohio Department of Commerce or the contracting public authority. -
Certified Payroll Reports
Certified payrolls must be submitted within two weeks of the initial pay period and include detailed employee information, such as work classifications, hours worked, rates of pay, and fringe benefits. -
Subcontractor Compliance
Employers are responsible for ensuring subcontractors comply with Ohio’s prevailing wage laws. They must provide subcontractors with prevailing wage schedules and monitor their payroll submissions. -
Job Site Posting
The prevailing wage rate schedule must be posted at the job site in a location accessible to all employees. -
Employee Notification
Before starting work, employees must receive written notification of their job classification, prevailing wage rate, fringe benefits, and the name of the project’s Prevailing Wage Coordinator.
Penalties for Prevailing Wage Noncompliance
Back Wages + PenaltiesUnpaid Wages
Employers who fail to pay the prevailing wage will be liable for back wages owed, plus an additional penalty equal to 100% of the unpaid wages.
Contract Prohibition Intentional Violations
Intentional violations, such as submitting false payroll reports or misclassifying employees, can result in prohibition from contracting with public authorities. Examples include:
- Misclassifying employees to reduce wages.
- Failing to pay prevailing wages.
- Employing prohibited contractors or subcontractors.
Additional PenaltiesNoncompliance
Contractors violating prevailing wage laws may face further penalties, including disqualification from public projects and legal action for noncompliance.
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See how it worksCertified Payroll and OH Prevailing Wages
Certified payroll is a key requirement for contractors and subcontractors working on projects covered under Ohio’s Prevailing Wage Law. These reports document compliance with prevailing wage regulations, ensuring transparency and accuracy in wage practices.
While employers are not required to use a specific form, any alternative forms must include all required information and be approved by the contracting public authority.
Certified Payroll Components
Employer Information
Include the company name, address, and indicate if it is a subcontractor (list the general or prime contractor if applicable).
Project Details
Provide the project name, location (including county), contracting public authority’s name and address, and project number (if available).
Reporting Period
Note the week ending date, payroll number, and total pages of the report.
Employee Information
Record each employee’s name, address, and Social Security number. Include corporate officers, partners, or salaried employees performing physical labor. Sole proprietors must report their hours but are not required to pay themselves the prevailing wage.
Work Classifications
Specify the work classification for each employee (e.g., “Backhoe Operator” or “Asphalt Laborer”). For apprentices, include year/level and percent of the journeyman’s rate. Separate line entries should be made for employees working multiple classifications.
Hours Worked
Log daily hours worked for the reporting period, distinguishing between straight time (ST) and overtime (OT). Overtime must be paid at time and a half after 40 hours.
Base and Fringe Rates
Include the base hourly rate paid, noting any fringe benefits. Fringe benefits may be:
- Paid in cash and added to the base rate.
- Split between cash and approved plans.
- Paid directly into approved plans as per the wage schedule.
Project Totals
Calculate total hours and gross wages earned for the project. Ensure the project gross equals the hours worked multiplied by the base rate.
Fringe Benefits
Document fringe benefit payments, indicating if they are paid in cash, to approved plans, or as a combination. Calculate fringe benefit hourly credits when contributions are not made hourly by dividing the annual amount by the lesser of 2080 or documented hours worked.
All Jobs Totals
Record total hours worked and total gross wages earned during the pay period across all jobs, including non-prevailing wage jobs.
Navigating Prevailing Wage Requirements in OH
Know Your Rights as a Worker
Understanding Your Rights
Many workers are not fully aware of their rights under prevailing wage laws, which may lead to them unknowingly accepting lower wages than mandated by law.
Voicing Concerns
Fear of retaliation may discourage workers from raising issues related to wage discrepancies or non-compliance.
Solutions for Workers
Education
Workers should be encouraged to participate in training sessions on prevailing wage laws. Educating workers about their rights empowers them to assert their entitlements and ensures they are paid fairly for their work.
Open Communication Channels
Employers should establish clear, safe communication channels for workers to report concerns about wages or non-compliance. Open dialogue fosters trust and ensures issues are addressed quickly and effectively.
Know What to Do as an Employer
Challenges for Employers
Employers in Ohio’s construction industry often face several hurdles in ensuring compliance with prevailing wage laws. Understanding these challenges and implementing effective solutions is crucial for maintaining compliance and fostering a positive work environment.
- Complexity of Laws: Prevailing wage laws can be complex, with detailed rules and fluctuating wage rates that may vary by location. Misunderstanding these laws can result in non-compliance, penalties, and legal trouble.
- Accurate Classification and Wage Determination: Properly classifying workers and determining the appropriate prevailing wages for various job categories can be difficult, especially when local wage variations and rate fluctuations are involved.
- Recordkeeping: Maintaining accurate and thorough records for all employees on public projects is a time-consuming but essential task. Failing to track hours, wage rates, and classifications can jeopardize compliance.
- Staying Updated: Wage rates and prevailing wage laws change periodically. Employers must stay informed to ensure they remain in compliance with the most current regulations.
Solutions for Employers
- Education and Training: Invest in training for HR and payroll teams to ensure they understand prevailing wage laws. Offering regular workshops and updates can equip your team to handle the complexities of these laws effectively.
- Utilize Technology: Implement technology solutions such as payroll software designed for prevailing wage management. Tools like Workyard can help streamline worker classification, wage calculation, and record-keeping, reducing human error and improving compliance.
- Professional Consultation: Consult with legal experts or labor law consultants who specialize in prevailing wage compliance. They can provide clarity on specific regulations and help ensure your business remains compliant with all requirements.
- Stay Proactive: Regularly review wage determinations and changes in laws. Subscribe to industry newsletters or join associations that offer updates on prevailing wage developments to stay ahead of regulatory changes.
Common Prevailing Wage Mistakes for Employers in Ohio
- Failure to Notify Contractors: Public authorities may neglect to inform contractors that prevailing wage requirements apply to public improvement projects, resulting in confusion and potential noncompliance.
- Incorrect Classification of Workers: Employers may misclassify employees under the wrong work classifications, leading to improper wage payments and violations of prevailing wage laws.
- Failure to Comply with Prevailing Wage Thresholds: Contractors or public authorities sometimes overlook the monetary thresholds that determine whether prevailing wage laws apply to a project. This can result in unintentional violations.
- Incomplete Payroll Records: Contractors often fail to submit accurate and complete certified payroll records to the public authority, hindering compliance verification.
- Failure to Post Wage Schedules: Contractors may neglect to post the prevailing wage schedule at the project site, as required by Ohio law, leaving workers unaware of their entitled wages.
- Late or Missing Affidavits: Contractors and subcontractors may fail to file the required affidavits of compliance with prevailing wage laws after project completion, risking project payment delays.
- Poor Fringe Benefit Documentation: Mismanagement or lack of documentation for fringe benefits can result in compliance issues, as these benefits factor into total prevailing wage calculations.
Prevailing Wage Solutions for Employers in Ohio
- Verify Wage Classifications: Regularly review worker classifications to ensure they align with the work being performed and comply with the prevailing wage schedule.
- Understand Thresholds: Confirm that the project meets or exceeds the monetary thresholds requiring prevailing wage compliance.
- Post Wage Schedules: Display the prevailing wage schedule at the job site to ensure transparency for all workers involved.
- Maintain Accurate Payroll Records: Submit complete and accurate certified payroll reports to the public authority on a regular basis to document compliance.
- Ensure Timely Filing of Affidavits: File all required affidavits of compliance promptly after project completion to avoid payment delays or legal issues.
- Audit Fringe Benefits: Keep detailed records of fringe benefit contributions and ensure they align with prevailing wage requirements.
- Leverage Technology: Use compliance software to manage payroll, classifications, and reporting efficiently, reducing the risk of errors or missed deadlines.
Final Thoughts
By understanding and addressing the challenges faced by both employers and workers in Ohio’s prevailing wage landscape, businesses can achieve better compliance and avoid legal repercussions. Proactive education, the use of technology, and maintaining clear communication are key strategies for navigating these complex laws.
For employers, investing in tools and training to stay informed and compliant can enhance business credibility and ensure smooth operations. For workers, knowing their rights and having open avenues for communication can lead to fairer treatment and better pay on public works projects. Together, these efforts contribute to a thriving, compliant construction industry in Ohio.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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Ohio’s prevailing wage laws require contractors and subcontractors to pay workers the local prevailing wage rates on public construction projects funded by state or local governments. These rates are based on union agreements and cover base wages and fringe benefits like health insurance, pensions, and vacation pay.
Prevailing wages in Ohio are determined by the hourly rates set in local union collective bargaining agreements (CBAs). The Ohio Department of Labor receives and updates these rates, which vary by county and trade. Federal wage rates may apply for federally funded projects, overriding state rates.
The minimum threshold for new construction projects to fall under prevailing wage requirements is $250,000. Specific thresholds apply to other types of work, such as road construction ($84,314) and renovations ($75,000). These thresholds are reviewed and adjusted biennially.
Contractors must ensure compliance with prevailing wage laws by paying the correct wages, maintaining detailed payroll records, submitting certified payroll reports, and posting wage rates on-site. They are also responsible for ensuring subcontractors follow the law.
Contractors who fail to comply with prevailing wage laws can face penalties, including fines and debarment from future public works projects. Workers who are underpaid can recover the difference, along with a 25% penalty for wage underpayment and an additional 75% penalty for non-payment.