Ohio § 4115.10
Full text of Ohio Ohio Revised Code § 4115.10, with citation guidance and answers to common questions.
§ 4115.10.
(A) No person, firm, corporation, or public authority that constructs a public improvement
with its own forces, the total overall project cost of which is fairly estimated to
be more than the amounts set forth in division (B) of section 4115.03 of the Revised Code , adjusted biennially by the director of commerce pursuant to section 4115.034 of the Revised Code , as appropriate, shall violate the wage provisions of sections 4115.03 to 4115.16 of the Revised Code , or suffer, permit, or require any employee to work for less than the rate of wages
so fixed, or violate the provisions of section 4115.07 of the Revised Code . Any employee upon any public improvement, except an employee to whom or on behalf
of whom restitution is made pursuant to division (C) of section 4115.13 of the Revised Code , who is paid less than the fixed rate of wages applicable thereto may recover from
such person, firm, corporation, or public authority that constructs a public improvement
with its own forces the difference between the fixed rate of wages and the amount
paid to the employee and in addition thereto a sum equal to twenty-five per cent of
that difference. The person, firm, corporation, or public authority who fails to pay the rate of
wages so fixed also shall pay a penalty to the director of seventy-five per cent of
the difference between the fixed rate of wages and the amount paid to the employees
on the public improvement. The director shall deposit all moneys received from penalties paid to the director
pursuant to this section into the industrial compliance operating fund. The director shall use the fund for the enforcement of sections 4115.03 to 4115.16 of the Revised Code . The employee may file suit for recovery within ninety days of the director's determination
of a violation of sections 4115.03 to 4115.16 of the Revised Code or is barred from further action under this division. Where the employee prevails in a suit, the employer shall pay the costs and reasonable
attorney's fees allowed by the court. (B) Any employee upon any public improvement who is paid less than the prevailing rate
of wages applicable thereto may file a complaint in writing with the director upon
a form furnished by the director. The complaint shall include documented evidence to demonstrate that the employee
was paid less than the prevailing wage in violation of this chapter. Upon receipt of a properly completed written complaint of any employee paid less
than the prevailing rate of wages applicable, the director shall take an assignment
of a claim in trust for the assigning employee and bring any legal action necessary
to collect the claim. The employer shall pay the costs and reasonable attorney's fees allowed by the court
if the employer is found in violation of sections 4115.03 to 4115.16 of the Revised Code . (C) If after investigation pursuant to section 4115.13 of the Revised Code , the director determines there is a violation of sections 4115.03 to 4115.16 of the Revised Code and a period of sixty days has elapsed from the date of the determination, and if: (1) No employee has brought suit pursuant to division (A) of this section; (2) No employee has requested that the director take an assignment of a wage claim pursuant
to division (B) of this section. The director shall bring any legal action necessary to collect any amounts owed to
employees and the director. The director shall pay over to the affected employees the amounts collected to which
the affected employees are entitled under division (A) of this section. In any action in which the director prevails, the employer shall pay the costs and
reasonable attorney's fees allowed by the court. (D) Where persons are employed and their rate of wages has been determined as provided
in section 4115.04 of the Revised Code , no person, either for self or any other person, shall request, demand, or receive,
either before or after the person is engaged, that the person so engaged pay back,
return, donate, contribute, or give any part or all of the person's wages, salary,
or thing of value, to any person, upon the statement, representation, or understanding
that failure to comply with such request or demand will prevent the procuring or retaining
of employment, and no person shall, directly or indirectly, aid, request, or authorize
any other person to violate this section. This division does not apply to any agent or representative of a duly constituted
labor organization acting in the collection of dues or assessments of such organization. (E) The director shall enforce sections 4115.03 to 4115.16 of the Revised Code . (F) For the purpose of supplementing existing resources and to assist in enforcing division
(E) of this section, the director may contract with a person registered as a public
accountant under Chapter 4701. of the Revised Code to conduct an audit of a person,
firm, corporation, or public authority. (G) No contractor or subcontractor shall be responsible for the payment of the penalties
provided in division (A) of this section resulting from a violation of sections 4115.03 to 4115.16 of the Revised Code by its subcontractor, provided that the contractor or subcontractor has made a good
faith effort to ensure that its subcontractor complied with the requirements of sections 4115.03 to 4115.16 of the Revised Code .
Frequently Asked Questions About Ohio § 4115.10
What does Ohio Revised Code § 4115.10 cover?
Section 4115.10 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4115.10?
A common citation format is "Ohio Revised Code § 4115.10" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4115.10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.