As Introduced

136th General Assembly

Regular Session S. B. No. 331

2025-2026

To enact section 102.10 of the Revised Code to allow certain public hospitality employees to accept gratuities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 102.10 of the Revised Code be enacted to read as follows:

Sec. 102.10. (A) As used in this section, "public hospitality employee" means a public employee who performs the employee's primary duties at any of the following facilities:

(1) A publicly owned combined park-camp, recreation camp, recreational vehicle park, or temporary park-camp, as those terms are defined in section 3729.01 of the Revised Code;

(2) A publicly owned facility containing a public swimming pool, public spa, or special use pool, as those terms are defined in section 3749.01 of the Revised Code;

(3) A publicly owned golf course;

(4) A hotel, as defined in section 3731.01 of the Revised Code, that is publicly owned;

(5) A publicly owned theater, concert hall, entertainment venue, convention center, or similar space for hosting performances or events;

(6) A refuge harbor or marine recreational facility as described in section 1547.72 of the Revised Code;

(7) A retail establishment located within a publicly owned facility;

(8) A retail food establishment or food service operation, as those terms are defined in section 3717.01 of the Revised Code, located within a publicly owned facility;

(9) Any other publicly owned facility that is similar to the facilities described under divisions (A)(1) to (8) of this section.

(B) Notwithstanding any provision to the contrary in section 102.03 or 2921.43 of the Revised Code, a public hospitality employee, in addition to the employee's regular compensation, may accept a gratuity in recognition of services the employee performs in the course of the employee's public employment.

(C) No public agency that employs a public hospitality employee who accepts a gratuity under this section shall do either of the following:

(1) Claim the gratuity as a credit toward the minimum wage rate required under Ohio Constitution, Article II, Section 34a and Chapter 4111. of the Revised Code;

(2) Pay the employee less than the regular compensation customarily paid to other public hospitality employees performing substantially the same services in similar positions.

(D) A gratuity accepted by a public hospitality employee under this section is earnable salary for purposes of Chapter 145. of the Revised Code, compensation for purposes of Chapter 3305. of the Revised Code, or compensation for purposes of Chapter 3309. of the Revised Code.