March 2009 Legislative Update

Members of the 128th Ohio General Assembly have introduced the following bills in February of 2009 that may affect many Ohio employers.

H.B. 46, introduced 2/24/09 by Representative Peter S. Ujvagi (D-Toledo), and co-sponsored by three others, would permit employees who resign to accompany the employee's spouse on a military transfer to be eligible for unemployment compensation benefits. The bill would still require the employee to actively seek work in the new locality to continue to receive unemployment compensation benefits. The bill has not been assigned to a committee yet.

S.B. 21, introduced 2/10/09 by Senator Nina Turner (D-Cleveland), and co-sponsored by Timothy J. Grendell (R-Chesterland), would create a nonrefundable tax credit for tax years 2010 and 2011 for the employment of persons who have been convicted of felonies. The employee must be a "qualified reforming felon", which includes being hired within one year after being released from incarceration and whose family meets certain income requirements. The bill has been assigned to the Senate Ways & Means & Economic Development Committee.

H.B. 48, introduced 2/24/09 by Representative Peter S. Ujvagi (D-Toledo), and co-sponsored by 11 others, would provide two weeks of unpaid leave for any qualified employee who is the spouse or parent of a member of the uniformed services on active duty or is injured while serving in a combat zone. The employer would be required to continue to provide benefits to the employee during the leave, but not salary or wages. The employer must restore the employee to the same or similar position after completion of the leave. The bill has not been assigned to a committee yet.

S.B. 17, introduced 2/10/09 by Senator Kevin Coughlin (R-Cuyahoga Falls) and co-sponsored by 7 others, would permit employers the option to offer, and to employees the option to accrue and use, compensatory time off. Instead of paying time-and-a-half for overtime work (in excess of 40 hours in any one workweek), an employer may allow an employee to accrue 1-1/2 compensatory time off for every overtime hour worked. The employee would have to initiate and request the compensatory time off. An employer may not require an employee to agree to take compensatory time off instead of overtime pay as a condition of employment. An employer who violates this law could be liable to the employee for twice the amount of unpaid overtime wages, plus attorney's fees. The bill has been assigned to the Senate Insurance, Commerce, & Labor Committee.

H.B. 40, introduced 2/24/09 by Representative Tom Letson (D-Warren), and co-sponsored by 15 others, would require employers to allow a parent to exercise court-ordered parenting time without terminating employment or reducing pay. The bill would apply to only employers of 50 or more employees. The bill has not been assigned to a committee yet.