Salary Transparency Laws in Ohio: What Employers Must Disclose

The National Labor Relations Act (29 U.S.C. § 157) protects all employees' right to discuss wages, hours, and working conditions with coworkers, regardless of union status. This protection applies to employers with 1 or more employee and is enforced by the National Labor Relations Board (NLRB). Employers cannot prohibit wage discussions, threaten employees for discussing pay, or discipline workers for sharing salary information.

Executive Order 14026, issued in April 2021, requires federal contractors and subcontractors to disclose salary ranges in job postings beginning in 2022. This applies to contractors holding federal contracts of $15,000 or more. The order also requires contractors to provide pay transparency internally and prohibits pay secrecy policies that prevent employees from discussing compensation.

The Equal Pay Act (29 U.S.C. § 206(d)) also relates to transparency indirectly—it prohibits sex-based wage discrimination and allows the Department of Labor (DOL) and EEOC to investigate pay equity issues. The Fair Labor Standards Act (FLSA) requires employers to maintain payroll records showing hours worked and wages paid, promoting de facto transparency in wage administration.

Ohio has not enacted a comprehensive state salary transparency law comparable to those in California, New York, or other states. However, Ohio Revised Code § 4113.52 provides some protection: it prohibits employers from retaliating against employees for discussing wages, hours, or other employment terms. This statute protects wage-related discussions but does not affirmatively require employers to disclose salary ranges to job applicants or current employees.

Unlike California, New York, and Connecticut—which mandate salary range disclosure in job postings for private employers—Ohio law places no such affirmative obligation on employers. A private employer in Ohio may legally keep salaries confidential and may not be required to disclose ranges to applicants, though it may not prohibit employees from discussing their own wages with each other.

State employees in Ohio are covered under the Ohio Administrative Code and various collective bargaining agreements, which may include transparency provisions. However, these apply narrowly to public sector employment. Federal contractors operating in Ohio are bound by Executive Order 14026, which supersedes any state law and requires salary range disclosure regardless of state law.

Ohio's approach differs significantly from federal contractor requirements: while the federal executive order mandates transparency for federal work, Ohio's private-sector law stops at protecting discussion rights without requiring active disclosure. This means an Ohio employer can refuse to publish salary ranges in job postings (unless it is a federal contractor) but cannot legally punish employees for sharing what they earn with coworkers.

Private employers in Ohio that are not federal contractors have no legal obligation to disclose salary ranges under state or applicable federal law. An employer may maintain pay confidentiality in its own records and compensation decisions, though it may not enforce a policy prohibiting employees from voluntarily discussing wages with each other.

At-will employment in Ohio does not override wage discussion rights—an employer cannot fire or discipline an employee solely for discussing pay, though it must be careful that the motivation is clear. If an employee is terminated, the at-will doctrine generally applies, but if the termination was retaliatory in response to wage-related speech, Ohio Revised Code § 4113.52 provides protection.

Employers are permitted to establish and enforce salary bands, pay grades, and compensation structures without public disclosure. Employers may also restrict access to coworker salary information in company systems and databases. However, they cannot instruct employees not to discuss their own compensation or prevent employees from asking about wage scales.

Federal contractors face different rules: they must include salary ranges in postings and may not maintain broad pay secrecy policies. Contractors cannot prohibit wage discussions and must maintain pay equity records for compliance. Small employers (1-4 employees) are still covered by wage discussion protection under the NLRA but may not face the same compliance burden as large contractors. Union-represented employees are protected by collective bargaining agreements, which often include transparency provisions beyond state law requirements.

Step 1: Document the Conduct. Keep detailed records of all salary and compensation-related discussions with coworkers. Save emails, text messages, or written notes about what you earned, what peers earned, and any employer statements about pay confidentiality. Document the date, time, location, and witnesses to any conversation where your employer told you not to discuss wages or retaliated after you did. Take screenshots of company policies, employee handbooks, or HR communications that prohibit wage discussions. Retain records of any adverse employment action (discipline, demotion, termination, reduced hours) that followed wage-related speech.

Step 2: Review Your Employer's Policies and Communicate Internally. Request a copy of your employee handbook and any pay confidentiality or non-disclosure policies in writing. Send an email to HR asking about the company's wage discussion policy and whether employees are allowed to discuss compensation with coworkers. Document the HR response or lack thereof. If your employer explicitly prohibits wage discussions, request written clarification that this policy may violate federal law. Keep copies of all policy documents and HR correspondence. If you are facing retaliation, consider sending an internal complaint to HR or your manager (via email) documenting the alleged retaliation and referencing your right to discuss wages under the National Labor Relations Act.

Step 3: File a Charge with the Appropriate Agency. If your employer retaliated against you for discussing wages or enforced a wage confidentiality policy, file a charge with the National Labor Relations Board (NLRB). The NLRB Regional Office in Columbus covers Ohio. File online at www.nlrb.gov or call the Columbus Regional Office at (614) 469-5900. Include your name, employer name, the date of the alleged violation, a detailed description of what you discussed (wages, hours, working conditions), how your employer responded, and any supporting documentation. There is no filing deadline under the NLRA—charges may be filed at any time, though the NLRB will investigate more thoroughly if filed within 180 days of the violation.

For retaliation claims, you may also file with the Ohio Attorney General's office or consult the Ohio Department of Commerce, Division of Labor & Worker Safety (www.com.ohio.gov/is/labor or call 1-800-282-5514) to determine if additional state protections apply. If you work for a federal contractor, file a complaint with the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) at www.dol.gov/agencies/ofccp or call 1-888-4-USDOL.

Step 4: NLRB Investigation and Informal Resolution. After filing, the NLRB will assign an investigating officer to your case. The investigator will contact your employer and request documents, including employee records, communications, and policies. You may be interviewed about the facts and asked to provide additional evidence. The investigation typically takes 30-60 days. If the NLRB finds merit, it will attempt informal settlement. If settlement fails, the NLRB will issue a Complaint and the case may proceed to a hearing before an Administrative Law Judge. NLRB remedies include reinstatement, back pay, attorney fees, and posting of notice to employees about their wage discussion rights.

Step 5: Consult an Employment Attorney. Contact an employment law attorney who handles NLRA cases or wage-related disputes. A qualified attorney can evaluate whether your case is strong, represent you before the NLRB, and negotiate settlements. Many attorneys offer free initial consultations. You may find referrals through the Ohio State Bar Association (www.ohiobar.org) or the National Employment Lawyers Association (www.nela.org). If you cannot afford an attorney, contact Ohio Legal Help (www.ohiolegalhelp.org) or a local legal aid society. An attorney is especially important if your employer claims the termination was for other reasons or if settlement negotiations stall.