As Introduced
136th General Assembly
Regular Session H. B. No. 150
2025-2026
Representatives McNally, White, E.
Cosponsors: Representatives Upchurch, Brent, Rader, Brownlee, Lett, Brennan,
Mohamed, Troy, Russo, Grim, Miller, J., Somani, Jarrells, Brewer, Sims, Robinson,
Cockley, Baker, Synenberg, Isaacsohn, Abdullahi, Piccolantonio
To amend sections 4109.08, 4109.13, and 4109.99 of
the Revised Code to enact the Clock Out Kids Act
to require school employees to report certain
minor labor law violations, to increase
penalties for certain minor labor law
violations, and to create the Minor Labor Law
Enforcement Fund; and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4109.08, 4109.13, and 4109.99 of
the Revised Code be amended to read as follows:
Sec. 4109.08. (A) No minor shall be employed unless the
employer keeps on the premises a complete list of all minors
employed by the employer at a particular establishment and a
printed abstract to be furnished by the director of commerce
summarizing the provisions of this chapter.
The list and abstract shall be posted in plain view in a
conspicuous place which is frequented by the largest number of
minor employees, and to which all minor employees have access.
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(B) An enforcement official may require any employer, in
or about whose establishment an employee apparently under
eighteen years of age is employed and whose age and schooling
certificate is not on file with the director of commerce as
required by section 3331.01 of the Revised Code, to furnish the
enforcement official satisfactory evidence that the employee is
in fact eighteen years of age or older. The enforcement official
shall require from the employer the same evidence of age of the
employee as is required by section 3331.02 of the Revised Code
upon the issuance of an age and schooling certificate. No
employer shall fail to produce the evidence.
(C) Any employee apparently under eighteen years of age,
working in any occupation or establishment with respect to which
there are restrictions by rule or law governing the employment
of minors, with respect to whom the employer has not furnished
satisfactory evidence that the person is at or above the age
required for performance of employment with the employer after
being requested to do so, and who refuses to give to an
enforcement official the employee's name, age, and place of
residence may be taken into custody and charged with being an
unruly child or other appropriate charge under Chapter 2151. or
2152. of the Revised Code.
(D) No person shall, with the intent to assist a minor to
procure employment, make a false statement by any means,
including by submitting falsified forms electronically, to any
employer or to any person authorized to issue an age and
schooling certificate.
(E) A school employee shall immediately report to the
school's principal or the principal's designee when the employee
is aware or has a reasonable suspicion based on specific facts
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that a person under sixteen years of age who attends the school
is employed in a manner that violates section 4109.07 of the
Revised Code. The principal or the designee shall report the
knowledge or suspicion to the director of commerce. As used in
this division, "school employee" has the same meaning as in
section 3313.7112 of the Revised Code.
Sec. 4109.13. (A) The administrator of the bureau of
employment services director of commerce shall designate
enforcement officials to enforce this chapter.
(B) An enforcement official, upon discovery of a violation
of this chapter and after notice to the employer, shall make a
complaint against the offending employer in any court of
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a
complaint before a court having competent jurisdiction against
any person violating any law relating to the employment of
minors. This section shall not be construed to limit the right
of other persons to make those complaints.
(D) County courts, municipal courts, and juvenile courts
have jurisdiction to try offenses under this chapter. Juvenile
courts have exclusive original jurisdiction to try offenses
under section 3321.38 of the Revised Code.
(E) No person or enforcement official instituting
proceedings under this section shall be required to file or give
security for the costs. If a defendant is acquitted, the judge
before whom the case is brought shall certify the costs to the
county auditor. The county auditor shall examine the amount and,
if necessary, correct it. The county auditor shall issue a
warrant on the county treasurer in favor of the persons to whom
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the costs are due.
(F) Fines (F)(1) Except as provided in division (F)(2) of
this section, fines collected for violations of this chapter and
section 3321.38 of the Revised Code shall be paid into the funds
of the school district in which the offense was committed.
(2) The minor labor law enforcement fund is created in the
state treasury. Fines collected pursuant to division (G) of
section 4109.99 of the Revised Code shall be deposited to the
credit of the fund. The director of commerce shall use the fund
to administer and enforce this chapter.
Sec. 4109.99. (A) Whoever violates section 4109.04,
division (C) of section 4109.07, division (A), (B), or (D) of
section 4109.08, section 4109.11, or division (B) of section
4109.12 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 4109.05 of the Revised Code
is guilty of a misdemeanor of the third degree.
(C) Whoever violates section 4109.03, division (A), (B),
or (D) of section 4109.07, or section 4109.10 of the Revised
Code is guilty of a minor misdemeanor on a first offense and a
misdemeanor of the third degree on each subsequent offense.
(D) Whoever violates division (A) of section 4109.12 of
the Revised Code is guilty of a minor misdemeanor for each day
the violation continues.
(E) Whoever violates division (A) of section 4109.21 of
the Revised Code is guilty of a misdemeanor of the fourth degree
on a first offense and a first degree misdemeanor on each
subsequent offense. If, however, the violation on a first
offense contains aggravating circumstances, including, but not
limited to, threats to a minor, reckless operation of a motor
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vehicle, or abandonment of or endangerment to a minor but not
including circumstances that are the basis of a felony violation
of section 2919.22 of the Revised Code, then the person is
guilty of a misdemeanor of the first degree. If the offender
previously has been convicted under this section and if the
subsequent offense contains aggravating circumstances other than
circumstances that are the basis of a felony violation of
section 2919.22 of the Revised Code, then the person is guilty
of a felony of the fourth degree.
(F) Whoever violates division (F) of section 4109.22 of
the Revised Code shall be assessed a civil penalty of up to one
thousand seven hundred thirty dollars for each violation.
(G)(1) An employer that knowingly violates section 4109.07
of the Revised Code shall be fined fifty thousand dollars.
(2) An employer who employs more than one person in
violation of division (G)(1)of this section shall be fined
separately for each person so employed. A fine under division
(G)(1) of this section is in addition to any other penalty
described in this section.
Section 2. That existing sections 4109.08, 4109.13, and
4109.99 of the Revised Code are hereby repealed.
Section 3. All items in this act are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the designated fund. For all operating appropriations
made in this act, those in the first column are for fiscal year
2026 and those in the second column are for fiscal year 2027.
The operating appropriations made in this act are in addition to
any other operating appropriations made for these fiscal years.
Section 4.
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A COM DEPARTMENT OF COMMERCE
BDedicated Purpose Fund Group
C5AL1 800658 Minor Labor Law Enforcement $150,000 $150,000
DTOTAL DPF Dedicated Purpose Fund Group $150,000 $150,000
ETOTAL ALL BUDGET FUND GROUPS $150,000 $150,000
MINOR LABOR LAW ENFORCEMENT
The foregoing appropriation item 800658, Minor Labor Law
Enforcement, shall be used by the Department of Commerce to hire
staff necessary to enforce Chapter 4109. of the Revised Code
pertaining to state law governing the employment of minors.
On the effective date of this act, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$300,000 cash from the General Revenue Fund to the Minor Labor
Law Enforcement Fund (Fund 5AL1).
Section 5. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the manner in which
appropriation accounts shall be maintained. Expenditures from
operating appropriations contained in this act shall be
accounted for as though made in, and are subject to all
applicable provisions of the main operating appropriations act
of the 136th General Assembly.
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Section 6. This act shall be known as the Clock Out Kids
Act.
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