Ohio court overturns state control of labor and fringe benefits

An Ohio court has overturned the state’s law provision that prevents localities from enacting their own labor and fringe benefits ordinances. According to the Court, the provision violated the one-subject rule of the Ohio Constitution. The rest of the law was about animals. Here is the repealed statute provision: SECTION 5. Section 4113.85 of the Revised Code, as enacted by this act, is enacted pursuant to the General Assembly’s exclusive authority under Section 34 of Article II, Ohio Constitution, to fix and regulate the hours of labor and provide for the comfort, health, safety, and general welfare of employees. The General Assembly finds that the regulation of the employment relationship between an employer and the employer’s employees as it pertains to hours of labor and fringe benefits is a matter of statewide concern that requires uniform statewide regulation. Many employers in this state operate in multiple political subdivisions. Consequently, the General Assembly finds that permitting individual political subdivisions to enact their own requirements for private employers concerning hours of labor and fringe benefits creates additional and unnecessary costs on employers, diminishes employers’ flexibility to respond to changing economic conditions, adversely affects employees’ job flexibility, impairs economic growth, and impedes employers’ ability to operate competitively both in Ohio and elsewhere. By enacting section 4113.85 of the Revised Code, it is the intent of the General Assembly to exclusively regulate the hours of labor and fringe benefits arising from the employer-employee relationship. (City of Bexley et al., v. Ohio, Ct. Com. Pl. Franklin Co., 17CV002672, June 2, 2017; S.B. 331, Laws 2017, approved and effective March 21, 2017.)

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