WAGE CLAIM DEMAND LETTER — OHIO

TABLE OF CONTENTS

1. Introductory Information and Parties
2. Purpose of This Letter
3. Employment Background and Factual Summary
4. Wages Owed — Itemized Calculation
5. Legal Basis for This Claim
6. Demand for Payment
7. Consequences of Non-Payment
8. Ohio Department of Commerce Filing Information
9. Reservation of Rights
10. Signature and Verification
11. Notary Acknowledgment
12. Certificate of Service
13. Sources and References

1. INTRODUCTORY INFORMATION AND PARTIES

Date of Letter: [__/__/____]

Letter Reference Number: [________________________________]

CLAIMANT (Employee) Information

RESPONDENT (Employer) Information

Employer Representative / Contact

2. PURPOSE OF THIS LETTER

This letter constitutes a formal written demand for the immediate payment of all wages, compensation, and related amounts owed to the undersigned employee ("Claimant") by the above-named employer ("Respondent") pursuant to the Ohio Prompt Pay Act (Ohio Rev. Code § 4113.15), the Ohio Minimum Fair Wage Standards Act (Ohio Rev. Code § 4111.01 et seq.), Ohio Constitution Article II, Section 34a, and all other applicable state and federal laws.

This demand is made in good faith and is intended to provide the Respondent with a final opportunity to resolve this matter without the necessity of filing a formal wage complaint with the Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration, or commencing civil litigation.

NOTICE: Under Ohio law, employers who fail to pay wages within thirty (30) days past the regularly scheduled payday, where no bona fide dispute exists, are liable for liquidated damages equal to 6% of the amount of the claim still unpaid, or $200, whichever is greater (Ohio Rev. Code § 4113.15(B)). For minimum wage violations, employers may be liable for double damages (Ohio Rev. Code § 4111.10).

3. EMPLOYMENT BACKGROUND AND FACTUAL SUMMARY

3.1 Employment Relationship

3.2 Compensation Terms

3.3 Ohio Minimum Wage Applicability

As of January 1, 2026, Ohio minimum wage rates are:

Employee Category: ☐ Non-Tipped (≥$405K) ☐ Tipped (≥$405K) ☐ Federal Rate (≤$405K)

3.4 Manner of Separation (if employment ended)

3.5 Final Pay Timing

NOTE: Ohio does not have a state-specific statute requiring immediate or accelerated final pay upon termination. Under Ohio Rev. Code § 4113.15, final wages are due on the next regular payday following the date of separation. However, the liquidated damages provisions apply if the employer fails to pay by that date without a bona fide dispute.

| Was final pay received by next regular payday? | ☐ Yes ☐ No |
| Number of days past due (as of this letter) | [____] days |

3.6 Narrative Summary of Facts

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Provide a detailed description of the circumstances giving rise to this wage claim.)

4. WAGES OWED — ITEMIZED CALCULATION

4.1 Unpaid Regular Wages

4.2 Unpaid Overtime Wages

Under Ohio Rev. Code § 4111.03(A) and Ohio Constitution Art. II, § 34a, overtime must be paid at one and one-half times (1.5x) the regular rate for hours exceeding 40 per workweek.

4.3 Minimum Wage Differential (if paid below minimum wage)

4.4 Other Unpaid Compensation

4.5 Summary of Total Principal Amount Owed

4.6 Liquidated Damages Calculations

Ohio has two separate liquidated damages frameworks. The applicable framework depends on the nature of the violation:

Option A: Prompt Pay Act Liquidated Damages (ORC § 4113.15(B))

Applies when wages remain unpaid for 30 days beyond the regularly scheduled payday and no bona fide dispute exists.

Option B: Minimum Wage Violation Damages (ORC § 4111.10)

Applies to violations of the Ohio minimum wage or overtime provisions.

| GRAND TOTAL (Principal + Applicable Liquidated Damages) | $[________________________________] |

5. LEGAL BASIS FOR THIS CLAIM

5.1 Ohio Prompt Pay Act (Ohio Rev. Code § 4113.15)

Ohio's primary wage payment statute, commonly known as the "Prompt Pay Act," establishes the following requirements:

Regular Payment Schedule (§ 4113.15(A)):
Every employer doing business in Ohio shall pay all its employees on at least a semi-monthly basis:
- By the first day of each month: wages earned during the first half of the preceding month (through the 15th)
- By the fifteenth day of each month: wages earned during the last half of the preceding calendar month

Employers may establish alternative payroll schedules (biweekly, etc.) with Department of Commerce approval.

Final Pay Requirements:
Ohio does not have a separate final pay timing statute. Upon termination (whether voluntary or involuntary), wages are due on the next regular payday established by the employer. There is no requirement for accelerated payment.

Liquidated Damages (§ 4113.15(B)):
Where wages remain unpaid for thirty (30) days beyond the regularly scheduled payday (or sixty days beyond the filing of a claim where no regularly scheduled payday applies), and no bona fide contest, court order, or dispute of any wage claim (including the assertion of a counterclaim) exists accounting for nonpayment, the employer is liable for liquidated damages equal to:

• Six percent (6%) of the amount of the claim still unpaid; OR
• Two hundred dollars ($200);

whichever is greater.

Important Limitation: The 6% liquidated damages / $200 minimum does not apply if the employer has a good faith, bona fide dispute about the wages owed. This includes disputes based on company policy, contract terms, or other legitimate grounds.

5.2 Ohio Minimum Fair Wage Standards Act (Ohio Rev. Code § 4111.01 et seq.)

Ohio Rev. Code § 4111.03 — Minimum Wage:
The Ohio minimum wage is established by the Ohio Constitution (Article II, Section 34a) and is adjusted annually for inflation. As of January 1, 2026:

• $11.00/hr for non-tipped employees (employers with annual gross receipts over $405,000)
• $5.50/hr for tipped employees (with tips bringing total to at least $11.00/hr)
• $7.25/hr (federal rate) for employees of employers with gross receipts at or below $405,000

Ohio Constitution Art. II, § 34a — Minimum Wage Amendment:
Approved by voters in 2006, this constitutional amendment established Ohio's minimum wage and mandated annual CPI-based adjustments. It also provides employees with a private right of action to enforce their rights, including the recovery of damages.

Ohio Rev. Code § 4111.14 — Overtime:
Employers must pay employees at a rate of one and one-half times (1.5x) their regular rate of pay for all hours worked in excess of forty (40) hours per workweek, unless the employee is exempt under the FLSA.

5.3 Remedies for Minimum Wage / Overtime Violations (Ohio Rev. Code § 4111.10)

An employer who pays an employee less than the minimum wage or fails to pay overtime as required is liable to the affected employee for:

• The full amount of the unpaid minimum wages or overtime compensation
• An equal amount as liquidated damages (effectively double damages)
• Reasonable attorney's fees
• Costs of the action

The action may be maintained by one or more employees on their own behalf and on behalf of other similarly situated employees. The statute of limitations for minimum wage claims under Ohio law is generally governed by the applicable limitations period (typically two years for statutory claims).

5.4 Additional Ohio Wage Statutes

Ohio Rev. Code § 4113.61 — Liability for Unpaid Wages:
This section provides additional civil liability frameworks for employers who fail to pay wages, including provisions for individual officer and agent liability.

Ohio Rev. Code § 4113.19 — Wage Deductions:
Employers may not make deductions from wages except as authorized by law, by collective bargaining agreement, or by the employee in writing. Unauthorized deductions constitute unpaid wages.

5.5 Federal Law — Fair Labor Standards Act (29 U.S.C. § 201 et seq.)

In addition to Ohio state law remedies, the Claimant may pursue claims under the FLSA:

• Recovery of unpaid minimum wages and overtime compensation
• Equal liquidated damages (doubling of the unpaid wages)
• Reasonable attorney's fees and costs
• Statute of limitations: two (2) years (non-willful) or three (3) years (willful)

6. DEMAND FOR PAYMENT

Based upon the foregoing facts and legal authority, the Claimant hereby makes formal demand upon the Respondent as follows:

6.1 Amount Demanded

The Claimant demands payment of $[________________________________], representing:

WARNING TO RESPONDENT: If wages remain unpaid for 30 days beyond the regular payday without a bona fide dispute, the Respondent will be subject to liquidated damages of 6% of the amount of the claim still unpaid, or $200, whichever is greater, under Ohio Rev. Code § 4113.15(B). For minimum wage violations, the Respondent faces double damages under Ohio Rev. Code § 4111.10. Prompt resolution is strongly advised.

6.2 Deadline for Payment

The Respondent must deliver full payment to the Claimant on or before:

[__/__/____] (no later than [____] calendar days from the date of this letter)

6.3 Method of Payment

Payment shall be made by one of the following methods:

☐ Certified check or cashier's check made payable to: [________________________________]

☐ Wire transfer to the account designated by the Claimant

☐ Other agreed-upon method: [________________________________]

6.4 Delivery of Payment

Payment shall be delivered to:

[________________________________]
[________________________________]
[________________________________]

7. CONSEQUENCES OF NON-PAYMENT

If the Respondent fails to remit full payment by the deadline stated above, the Claimant intends to pursue one or more of the following remedies:

7.1 Administrative Complaint — Ohio Department of Commerce

The Claimant will file a formal minimum wage complaint with the Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration. The Bureau has authority to investigate complaints, conduct inspections, and pursue enforcement actions. There is no cost to the employee for filing.

7.2 Civil Lawsuit — Prompt Pay Act Liquidated Damages

The Claimant may commence a civil action in the appropriate Ohio court (Municipal Court for claims under $15,000; Court of Common Pleas for larger claims) to recover:

• All unpaid wages (principal amount)
• Liquidated damages of 6% of the amount of the claim still unpaid (or $200, whichever is greater) under ORC § 4113.15(B)
• Pre-judgment and post-judgment interest
• Reasonable attorney's fees (for minimum wage claims)
• Court costs and filing fees

7.3 Civil Lawsuit — Minimum Wage Double Damages

For minimum wage or overtime violations, the Claimant may recover:

• The full amount of unpaid minimum wages and/or overtime
• An equal amount as liquidated damages (double damages) under ORC § 4111.10
• Reasonable attorney's fees and costs

7.4 Constitutional Claims

Under Ohio Constitution Article II, Section 34a, the Claimant has a private right of action to enforce minimum wage rights, including the right to recover damages as provided by law.

7.5 Federal Claims

The Claimant reserves the right to file a complaint with the U.S. Department of Labor, Wage and Hour Division, or to bring a federal lawsuit under the FLSA, 29 U.S.C. § 216(b).

7.6 Class/Collective Action

Under both Ohio Rev. Code § 4111.10 and the FLSA, wage claims may be brought on behalf of similarly situated employees. The Claimant reserves the right to pursue a class or collective action if other employees have been similarly affected.

8. OHIO DEPARTMENT OF COMMERCE FILING INFORMATION

8.1 Agency Information

8.2 Filing Procedures

☐ Obtain the Minimum Wage Complaint Form from the Ohio Department of Commerce website or by calling (614) 644-2239

☐ Complete the form and provide supporting documentation

☐ Submit the completed form to the Bureau of Wage and Hour Administration by mail or fax

☐ There is no filing fee to submit a wage complaint

☐ The Bureau will investigate the complaint and may contact both the employee and employer

☐ For general wage claims (not minimum wage), the employee may need to pursue a civil action in court, as the Bureau's primary jurisdiction covers minimum wage complaints

8.3 Important Distinction — Administrative vs. Court Action

Ohio's administrative wage complaint process through the Department of Commerce primarily handles minimum wage violations. For other types of unpaid wage claims (e.g., contractual wages above minimum wage, unpaid overtime above FLSA requirements, bonuses, commissions), employees typically need to file a civil lawsuit in the appropriate Ohio court.

8.4 Required Documentation for Filing

☐ Completed wage complaint form

☐ Personal identification information

☐ Employer information (name, address, type of business)

☐ Employment dates and job duties

☐ Pay rate and pay period information

☐ Records of hours worked (timesheets, logs, calendars)

☐ Copies of pay stubs or wage statements

☐ Employment contract or offer letter (if available)

☐ Communications with employer regarding pay issues

☐ W-2 or 1099 forms (if available)

☐ Any other supporting documentation

9. RESERVATION OF RIGHTS

The Claimant expressly reserves all rights, claims, and remedies available under federal, state, and local law, including but not limited to claims for:

☐ Unpaid wages under Ohio Rev. Code § 4113.15

☐ Liquidated damages under Ohio Rev. Code § 4113.15(B)

☐ Minimum wage violations under Ohio Rev. Code § 4111.03 and Ohio Constitution Art. II, § 34a

☐ Double damages for minimum wage violations under Ohio Rev. Code § 4111.10

☐ Overtime violations under Ohio Rev. Code § 4111.14

☐ FLSA claims under 29 U.S.C. § 201 et seq.

☐ Breach of employment contract

☐ Unjust enrichment / quantum meruit

☐ Class or collective action on behalf of similarly situated employees

☐ Any other applicable claims

Nothing in this letter shall be construed as a waiver of any of the Claimant's rights. The amounts set forth herein represent the Claimant's current calculation of amounts owed and may be revised. This letter is sent without prejudice.

10. SIGNATURE AND VERIFICATION

I, the undersigned, hereby declare under penalty of perjury under the laws of the State of Ohio that the foregoing statements are true and correct to the best of my knowledge and belief.

Claimant Signature:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Claimant (if represented):

Attorney Name: [________________________________]

Ohio Supreme Court Registration Number: [________________________________]

Law Firm: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Signature: _______________________________________________

Date: [__/__/____]

11. NOTARY ACKNOWLEDGMENT

STATE OF OHIO
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, a Notary Public in and for said county and state, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

Commission Number: [________________________________]

County of Commission: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter, together with all attachments and exhibits, was served upon the Respondent by the following method(s):

☐ Certified Mail, Return Receipt Requested
Tracking Number: [________________________________]
Address: [________________________________]

☐ USPS First-Class Mail
Address: [________________________________]

☐ Personal / Hand Delivery
Delivered by: [________________________________]
Date and Time of Delivery: [________________________________]

☐ Email Transmission
Email Address: [________________________________]
Date and Time Sent: [________________________________]

☐ Facsimile Transmission
Fax Number: [________________________________]
Date and Time Sent: [________________________________]
Confirmation Number: [________________________________]

☐ Commercial Courier / Overnight Delivery
Carrier: [________________________________]
Tracking Number: [________________________________]

Signed: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

13. SOURCES AND REFERENCES

Ohio Revised Code — Prompt Pay Act

• Ohio Rev. Code § 4113.15 — Semimonthly Payment of Wages (Prompt Pay Act)
  https://codes.ohio.gov/ohio-revised-code/section-4113.15

• Ohio Rev. Code Chapter 4113 — Miscellaneous Labor Provisions
  https://codes.ohio.gov/ohio-revised-code/chapter-4113

Ohio Revised Code — Minimum Fair Wage Standards Act

• Ohio Rev. Code § 4111.01 et seq. — Minimum Fair Wage Standards Act
  https://codes.ohio.gov/ohio-revised-code/chapter-4111

• Ohio Rev. Code § 4111.03 — Minimum Wage Rate

• Ohio Rev. Code § 4111.10 — Remedies for Minimum Wage Violations (Double Damages)

• Ohio Rev. Code § 4111.14 — Overtime Compensation

Ohio Constitution

• Ohio Constitution Article II, Section 34a — Minimum Wage Amendment (2006)

Agency Resources

• Ohio Department of Commerce — Division of Industrial Compliance
  https://com.ohio.gov

• Ohio Department of Commerce — Wage and Hour Bureau
  https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour

• Ohio Department of Commerce — 2026 Minimum Wage Announcement
  https://com.ohio.gov/about-us/media-center/news/ohio%20minimum%20wage%20set%20to%20increase%20in%202026

Federal Statutes

• Fair Labor Standards Act (FLSA) — 29 U.S.C. § 201 et seq.
  https://www.dol.gov/agencies/whd/flsa

• U.S. Department of Labor — Wage and Hour Division
  https://www.dol.gov/agencies/whd

Practitioner Resources

• Ohio Employer Law Blog — Ohio's Wage Payment Statute
  https://www.ohioemployerlawblog.com/2008/10/do-you-know-ohios-wage-payment-statute.html

This document was prepared for use by employees and legal practitioners in the State of Ohio. It is intended as a demand letter template and does not constitute legal advice. Consult with a licensed Ohio attorney before sending this letter or taking any legal action.

Template last updated: 2026-03-20