(A) To satisfy a claim, the employer shall submit payment to commerce. Payments to be made to commerce in satisfaction of any claim shall be made out to "the Ohio department of commerce in trust for" the named employee. The employer should withhold all applicable federal, state and local taxes and any other deductions required by law. Proof of such deduction shall be sent with each check. Installment payments shall not be made without the approval of the director and must be accompanied by sufficient guarantees for full payment. Each installment must provide separate checks in pro rata amounts for each employee owed.
(B) If an employer's underpayment to an employee is less than one thousand dollars as determined by the director, then such employer is not subject to any further proceedings under sections 4115.03 to 4115.16 of the Revised Code so long as such employer makes full restitution to the affected employee for all wages determined to be owed. Such restitution must take place within a reasonable period of time following publication of the determination made by the director.
Prior History: (Effective:
R.C. 119.032 review dates: 12/29/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 4115.12
Rule Amplifies: 4115.10
Prior Effective Dates: 2/15/90, 6/23/97, 6/3/04 )