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Thursday, April 9, 2026

Summer State/Local Law Round-Up, Part 2 of 2: Ohio through West Virginia (US) - Lexology

In our post earlier this week, we covered recent developments in state and local labor and employment laws in the states at the beginning at the alphabet. We now turn our attention to developments in the remaining states.

Ohio

  • Changes to Ohio’s overtime law take effect July 6, 2022, harmonizing Ohio’s law with the federal Fair Labor Standards Act. In a welcome change for employers, SB 47 adopts the FLSA’s “opt-in” requirement for individuals seeking to join a wage and hour lawsuit, thus eliminating the hybrid collective/class wage and hour suits that combined “opt-in” classes for federal law claims and “out-out” plaintiffs for Ohio state claims. SB 47 also amends the Ohio Minimum Wage Law, effectively incorporating language from the federal Portal-to-Portal Act exempting certain activities from the definition of hours worked; specifically, the following activities are no longer considered hours worked under Ohio law: (a) time spent traveling to and from work, (b) preliminary or postliminary activities; and (c) activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours.

Oklahoma

  • Effective May 20, 2022, Oklahoma employers are prohibited from discriminating against employees or applicants based on their status as a medical marijuana patient licensee unless the employer would lose a monetary or licensing-related benefit under federal law or regulations. Employers can still prohibit the use or possession, or being under...


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