Thursday, March 17, 2016
COLUMBUS (AP) — The Ohio Supreme Court has upheld the definition of employee under state law in a dispute in which two advertising sales reps sued after they were paid amounts below the minimum wage.
The sales reps said the Ohio law containing exemptions to the definition of employee is unconstitutional because those same exemptions aren’t spelled out in the state Constitution.
The high court rejected the sales reps’ arguments in a 5-2 ruling today.
At issue was the 2006 voter-approved “Fair Minimum Wage Amendment” to the Constitution that raised the minimum wage and set out certain exemptions, including employees who earn tips.
Justice Judith Ann Lanzinger said the amendment incorporated definitions within the federal Fair Labor Standards Act without limitations, including exceptions to minimum wage requirements.