As Introduced
136th General Assembly
Regular Session S. B. No. 74
2025-2026
Senators Hicks-Hudson, Smith
Cosponsors: Senators Weinstein, Liston, Craig, DeMora
A B I L L
To enact sections 4145.01, 4145.02, 4145.03,
4145.04, 4145.05, and 4145.06 of the Revised
Code to create the fair paycheck workplace
certificate.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4145.01, 4145.02, 4145.03,
4145.04, 4145.05, and 4145.06 of the Revised Code be enacted to
read as follows:
Sec. 4145.01. As used in this chapter:
(A) "Compensation" means all money paid to an employee for
services performed by the employee, including commissions,
bonuses, and tips. "Compensation" does not include the value of
health, welfare, or retirement benefits, paid leave, separation
or holiday pay, or other fringe benefits.
(B) "Employee" means any individual who performs a service
for wages or other remuneration for an employer.
(C) "Employer" means any person who has two or more
employees.
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As Introduced
Sec. 4145.02. No employer shall claim to possess a fair
paycheck workplace certificate or otherwise indicate that the
employer has a certificate unless the employer possesses an
unexpired certificate obtained from the director of commerce in
accordance with section 4145.03 of the Revised Code.
Sec. 4145.03. (A) An employer seeking a fair paycheck
workplace certificate shall submit an application to the
director of commerce on a form prescribed by the director with
the fee established by the director in rules adopted under
section 4145.06 of the Revised Code. If the employer is a
business entity, the application shall be signed by the
individual responsible for making decisions on behalf of the
employer. The employer shall include all of the following
information in the application:
(1) The name and address of the employer;
(2) The total number of employees employed by the
employer;
(3) The number of female employees employed by the
employer;
(4) The number of male employees employed by the employer;
(5) Payroll records showing the gross amount of
compensation paid to each female employee and the gross amount
of compensation paid to each male employee during the calendar
year preceding the year in which the employer applies;
(6) Any other information the director determines is
necessary to determine whether to issue a certificate.
(B)(1) The director shall issue a certificate if the
director determines, based on the information provided in the
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As Introduced
application, that less than a five per cent difference exists
between the average gross compensation paid to male employees
and the average gross compensation paid to female employees
during the calendar year preceding the year in which the
employer applied for the certificate.
(2) The director shall reject an application only if one
of the following applies:
(a) The employer does not include the information required
under division (A) of this section in the application;
(b) The employer fails to pay the required fee;
(c) The director determines that the requirement specified
in division (B)(1) of this section is not satisfied.
(C) The director shall issue a certificate or, if the
director rejects an application, a statement explaining the
reason for the rejection, to the employer within fifteen days
after receiving an application submitted under this section.
(D) An initial certificate issued under this section is
valid for a period of six months. An employer may renew the
certificate by submitting an application described in division
(A) of this section and paying the required fee. A certificate
renewed under this section expires one year after the date it
was renewed and may be renewed in the manner prescribed in this
division.
(E) An employer who is denied a certificate under this
section may appeal the director's decision in accordance with
Chapter 119. of the Revised Code.
Sec. 4145.04. The director of commerce shall establish and
operate on the internet a database of employers who have been
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As Introduced
granted a fair paycheck workplace certificate under section
4145.03 of the Revised Code. The director shall include for each
employer the employer's name and address and whether the
employer's certificate is current or expired. The database is a
public record open for inspection under section 149.43 of the
Revised Code, and it shall be searchable by the public.
Sec. 4145.05. Any data on individuals submitted to the
director of commerce under division (A) of section 4145.03 of
the Revised Code is confidential and is not a public record
under section 149.43 of the Revised Code.
The director's decision to issue or not issue a fair
paycheck workplace certificate is a public record.
Sec. 4145.06. The director of commerce shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing
the application fee that an employer must pay when filing an
application for a fair paycheck workplace certificate under
section 4145.03 of the Revised Code. The fee shall be no more
than the amount the director determines necessary to administer
this chapter.
The director may adopt additional rules in accordance with
Chapter 119. of the Revised Code that the director considers
appropriate to implement this chapter.
Notwithstanding any provision of section 121.95 of the
Revised Code to the contrary, a regulatory restriction contained
in a rule adopted under this section is not subject to sections
121.95 to 121.953 of the Revised Code.
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