Ohio Senate Bill SB74

Ohio 2025-2026 Regular Session

• Introduced: 2/4/25

Caption

To enact sections 4145.01, 4145.02, 4145.03, 4145.04, 4145.05, and 4145.06 of the Revised Code to create the fair paycheck workplace certificate.

Summary

SB 74 would create a new “fair paycheck workplace certificate” program administered by the Ohio director of commerce. Employers with two or more employees could apply for a certificate by submitting company information, workforce counts by sex, and payroll records showing gross compensation paid to female and male employees in the prior calendar year, along with a fee set by rule. The director would issue the certificate if the average gross compensation paid to male and female employees differs by less than 5 percent, and would have to act within 15 days of receiving a complete application. Initial certificates would last six months, and renewals would last one year. The bill also prohibits employers from claiming they have the certificate unless they actually hold a current one, creates a public online database of certified employers, and makes the director’s issuance or denial decision a public record. At the same time, individual-level data submitted with applications would be confidential and exempt from public records disclosure. The director would be authorized to adopt rules to administer the program and set the application fee, with the fee limited to the amount needed to cover administration.

Impact

If enacted, SB 74 would add a new chapter to the Revised Code governing a state-issued workplace pay-equity certification. It would affect employers with at least two employees, the Department of Commerce, and public records law by creating both a searchable public registry of certified employers and a confidentiality protection for individual compensation data. The bill would also create a new administrative review process under Chapter 119 for employers denied certification and would authorize rulemaking on fees and program implementation.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears to be policy-driven and supportive of pay transparency and pay equity goals, but without documented public debate in the record provided. The proposal is framed as a voluntary certification program rather than a direct wage mandate, which may make it more politically palatable to supporters of workplace equity measures. However, the lack of committee discussion or voting history means there is no clear evidence here of formal support or opposition from legislators or stakeholders.

Contention

The main points of contention likely involve the bill’s use of payroll data, the 5 percent pay-difference threshold, and the administrative burden on employers seeking certification. Employers may object to having to submit compensation records and to the public listing of certified status, while supporters may view the disclosure and certification process as a useful incentive for pay equity. Another possible issue is whether the certificate’s standard is too rigid or too lenient, since it compares average gross compensation by sex without detailing adjustments for job classification, seniority, hours worked, or other factors. The bill’s confidentiality provisions for individual data appear designed to address privacy concerns, but the public nature of the certification decision and employer database may still draw scrutiny.