Current through all regulations passed and filed through September 16, 2024
(A) The following deductions from wages may
be made without application to and approval of commerce:
(1) Any deduction from wages required by
federal, state, or local law;
(2)
Any deduction of amounts required by court order, process, or judgment to be
paid to another unless collusion or collaboration exists between the employer
and the employee for whose benefit the deduction is made;
(3) Any deduction which constitutes a
contribution by the employee to funds, plans, or programs established by the
employer or representatives of employees, or both, for the purpose of providing
either from principal or income, or both, medical or hospital care, pensions or
annuities on retirement, death benefits, compensation for injuries in addition
to that required by Chapters 4121. and 4123. of the Revised Code, compensation
for illness, accidents, sickness, or disability, or for insurance to provide
any of the foregoing, or unemployment benefits in addition to those required by
Chapter 4141. of the Revised Code or vacation pay.
(B) The following deductions from wages may
be made only if, prior to commencement of work by the employee on any project,
employers procure and maintain, in writing, proof of voluntary deductions
signed by the employee:
(1) Savings accounts
or similar savings plans for the benefit of employees, their families and
dependents;
(2) Any deduction
constituting a contribution toward the purchase of United States defense stamps
or savings bonds;
(3) Any
deduction enabling the employee to repay loans to or purchase shares in credit
unions organized and operated in accordance with federal and state credit union
statutes;
(4) Any deduction for
the making of contributions to governmental or quasi-governmental agencies;
(5) Any deduction for the making
of contributions to legitimate charitable institutions;
(6) Any deductions to pay regular union
initiation fees and membership dues, not including fines or special
assessments, provided that a collective bargaining agreement between the
employer and representatives of its employees permits such deductions and such
deductions are not otherwise prohibited by law.
(7) Any deduction for the making of
contributions to a state or federal political action committee.
(C) Any deduction from wages not
specifically permitted in paragraphs (A) and (B) of this rule shall be
permitted only upon approval of the public authority and the director and must
meet the following criteria:
(1) The
deduction is not otherwise prohibited by law;
(2) The employer does not make a profit or
benefit directly or indirectly from the deduction in any form, including, but
not limited to, commissions or dividends;
(3) The deduction is either voluntarily
consented to by the employee in writing, prior to the period in which the work
is to be done, where such prior consent is not a condition for obtaining or
continuing employment, or is provided for in a bona fide collective bargaining
agreement between the employer and representatives of its employees; and
(4) The deduction serves the
convenience and interest of the employee, his family or beneficiaries.
(D) Failure to provide
evidence of voluntary deductions pursuant to paragraphs (B) and (C) of this
rule constitutes a violation of section
4115.07 of the Revised Code.
(E) Failure to
obtain
the approval of the public authority and director for any deduction taken
pursuant to paragraph (C) of this rule constitutes a violation of section
4115.07 of the Revised Code.
(F) An employer withholding a
permissible payroll deduction pursuant to paragraph (A),
(B) or (C) of this rule shall maintain
complete records of the wages withheld, including any and all receipts for
donations, contributions, fees, and dues paid on behalf of the employee, from
the deductions withheld by the employer.
(G) Failure to comply with paragraph (F) of
this rule constitutes a violation of section
4115.07 of the Revised Code.
(H) Any records required to be
maintained by this rule shall be made available to the public authority and
commerce upon request.
Effective:
4/30/2012
R.C. 119.032
review dates: 12/29/2011 and
03/15/2017
Promulgated
Under: 119.03
Statutory Authority: 4115.12
Rule
Amplifies: 4115.03, 4115.031, 4115.07, 4115.071
Prior Effective
Dates: 2/15/90; 6/23/97; 6/3/04
