On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47 incorporates the FLSA’s “opt-in” requirement for individuals seeking to join a class (collective) action based on state law claims for failure to properly pay overtime wages. The law becomes effective on July 6, 2022.
Because Ohio law (O.R.C. § 4113.03) expressly incorporates by reference Section 7 of the FLSA “as amended,” and because the PPA is an amendment to Section 7, Ohio federal courts routinely have assumed that the PPA applies to Ohio state law claims. See, e.g. Baughman v. KTH Parts Industries, 2021 U.S. Dist. LEXIS 62059 (S.D. Ohio Mar. 31, 2021). S.B. 47 now expressly recognizes that longstanding assumption.
Under SB 47 (and the PPA), an employer is not required to pay overtime wages to an employee for time spent:
“walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform,” e., normal commuting time;
“performing activities that are preliminary to or postliminary to the principal activity or activities; or
“performing activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours,” that is, de minimis
These provisions apply to activities “performed either...
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