Ohio § 4115.031

§ 4115.031.

The obligation of a contractor or subcontractor to make payment in accordance with

the prevailing wage determinations of the director of commerce, insofar as Chapter

4115. of the Revised Code is concerned, may be discharged by the making of payments

in cash, by the making of contributions of a type referred to in division (E)(2) of section 4115.03 of the Revised Code or by the assumption of an enforceable commitment to bear the costs of a plan or

program of a type referred to in division (E)(3) of section 4115.03 of the Revised Code , or any combination thereof, where the aggregate of any such payments, contributions,

and costs is not less than the rate of pay described in division (E)(1) plus the rates

referred to in divisions (E)(2) and (3) of section 4115.03 of the Revised Code. In determining the overtime pay to which the laborer or mechanic is entitled under

any federal or state law, the person's regular or basic hourly rate of pay (or other

alternative rate upon which premium rate of overtime compensation is computed) shall

be deemed to be the rate computed under division (E)(1) of section 4115.03 of the Revised Code , except that where the amount of payments, contributions, or costs incurred with

respect to that person exceeds the prevailing wage applicable to the person under

Chapter 4115. of the Revised Code, such regular or basic hourly rate of pay (or such

other alternative rate) shall be arrived at by deducting from the amount of payments,

contributions, or costs actually incurred with respect to the person, the amount of

contributions or costs of the types described in divisions (E)(2) and (3) actually

incurred with respect to the person, or the amount determined under divisions (E)(2)

and (3) of section 4115.03 of the Revised Code but not actually paid, whichever amount

is the greater.