Section 4101:9-4-20 - Payment(A) An employer shall not pay or permit any worker to accept wages less than the prevailing rate of wages as determined by the director and evidenced by the prevailing wage rate schedule. (B) An employer shall provide evidence of proper payment of wages when requested by the director. (C) An employer shall not, at any time during the project, pay less than the prevailing rate of wages for each day worked, regardless of the rate of pay being paid at any other time. (D) An employer shall not pay less than the prevailing rate of wages by docking pay, docking time, or deducting pay for any purpose unless provided for in sections 4115.03 to 4115.16 of the Revised Code or division-level 4101:9 rules of the Administrative Code. (E) A person shall not, either for himself or any other person, request, demand, or receive, either before or after an employee is engaged, that such employee pay back, return, donate, contribute, or give any part or all of said employee's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with such request or demand will prevent such employee from procuring or retaining employment. This paragraph does not apply to any agent or representative of a duly constituted labor organization acting in the collection of dues or assessments of such organization as permitted by section 4115.10 of the Revised Code and rule 4101:9-4-07 of the Administrative Code. (F) No agreement by an employee to waive his right to prevailing wages is valid or will be recognized by the director. (G) A person shall not keep any record or duplicate of a record with the intent to avoid payment of the prevailing rate of wages or with the intent to mislead any investigation by any governmental authority authorized to enforce sections 4115.03 to 4115.16 of the Revised Code. Ohio Admin. Code 4101:9-4-20
Five Year Review (FYR) Dates: 8/9/2024 and 08/09/2029
Promulgated Under: 119.03
Statutory Authority: 4115.12
Rule Amplifies: 4115.031, 4115.05, 4115.06, 4115.10
Prior Effective Dates: 02/15/1990, 06/23/1997, 06/03/2004Five Year Review (FYR) Dates: 07/19/2017 and 07/19/2022
Promulgated Under: 119.03
Statutory Authority: 4115.12
Rule Amplifies: 4115.031, 4115.05, 4115.06, 4115.10
Prior Effective Dates: 2-15-90; 6-23-97; 6-3-04