New hiring laws in Ohio for 2027: construction E-Verify, Columbus pay ranges, PEO reporting and earlier CQE petitions
On this page
- Which Ohio hiring laws changed in 2026, and what changes in 2027?
- What changed in Ohio in the last 90 days?
- Who must use E-Verify in Ohio?
- What did the 2026 marijuana law change for hiring?
- What do the CQE and criminal history changes mean for employers?
- What will Columbus require in job postings from 2027?
- What else is new for Ohio employers?
- What did not change in Ohio in 2026?
- What should Ohio employers and staffing agencies do before January 1, 2027?
- Questions people ask
As of October 2026, Ohio's hiring changes for 2026 and 2027 are targeted rather than broad. Since March 20, 2026, nonresidential construction contractors, subcontractors and the labor brokers that supply them must run every new hire through E-Verify (HB 246), and the rewritten marijuana law (SB 56) still lets employers refuse to hire for marijuana use under a drug-free or zero-tolerance policy. In September 2026, SB 263 changed how PEOs report shared employees for unemployment, with an election deadline of November 16, 2026, and HB 268 let people petition sooner for a Certificate of Qualification for Employment. The largest 2027 change is local: Columbus begins enforcing pay ranges in job postings on January 1, 2027.
Ohio still has no statewide pay transparency, salary history, ban-the-box or AI hiring law for private employers. Each item below links the General Assembly's bill page, the Ohio Revised Code or the city code. The standing checklist (unemployment and withholding registration, Form IT 4, new-hire reporting) is in our Ohio hiring hub; this page is the dated list of what is new.
Not legal advice. Checked as of October 2026 against the Ohio General Assembly's bill pages and Legislative Service Commission analyses, the Ohio Revised Code and Constitution, and the Columbus City Code. A specific hire can turn on facts this page cannot see; confirm with an Ohio employment lawyer.
Which Ohio hiring laws changed in 2026, and what changes in 2027?
| Law | Effective date | What changes for hiring | Source |
|---|---|---|---|
| HB 246, E-Verify Workforce Integrity Act (R.C. Chapter 4151) | March 20, 2026 | E-Verify for each employee hired to work on a nonresidential construction project, by contractors, subcontractors and labor brokers | HB 246 |
| SB 56, marijuana law revisions (R.C. 3796.28) | March 20, 2026 | Employers may still refuse to hire, discharge or discipline for marijuana use that violates a drug-free, zero-tolerance or similar policy | SB 56 |
| SB 263, PEOs and unemployment | September 17, 2026 | PEOs may elect to report shared employees under their own account and experience rate; election by November 16, 2026 | SB 263 |
| HB 268, Certificate of Qualification for Employment | September 23, 2026 | People released from felony incarceration no longer wait for all supervision to end before petitioning | HB 268 |
| Columbus Ord. 2898-2025 (City Code 2335.03(C)) | Enforced from January 1, 2027 | Reasonable salary range or scale in employment postings, for employers with 15 or more employees in Columbus | Columbus Code ch. 2335 |
| Ohio Constitution, Art. II, Sec. 34a | January 1, 2027 | State minimum wage rises by the prior year's inflation, as it does every January 1 | Art. II, Sec. 34a |
What changed in Ohio in the last 90 days?
- September 17, 2026: SB 263 took effect. The Legislative Service Commission's final analysis says it "allows a professional employer organization (PEO), alternate employer organization (AEO), or PEO reporting entity to elect to report shared employees of a client employer under the account and experience rate" of the PEO, "rather than using a separate, unique subaccount," and that an election may be made "not later than November 16, 2026," with the recalculated rate taking effect when the Director receives the notice.
- September 23, 2026: HB 268 took effect. The commission's final fiscal note says the act "eliminates the requirement that the person must wait for all periods of imposed supervision to expire before filing a petition for a CQE, effectively allowing the person to simply wait until one year has passed from the time that they are released."
- October 28, 2026: the federal EEOC rescinded its 2012 arrest and conviction records guidance (EEOC release). Title VII still applies, and Ohio's own sealed-record rules are untouched.
Who must use E-Verify in Ohio?
Since March 20, 2026, Ohio Revised Code Chapter 4151, created by HB 246, requires nonresidential construction contractors and subcontractors at every tier to verify each employee hired to work on a nonresidential construction project. It also covers a "labor broker," which R.C. 4151.01 defines as "any individual or entity who hires an employee and supplies the employee's labor to a nonresidential construction contractor or a subcontractor, regardless of tier, through the use of a contract." For construction staffing agencies, that means an E-Verify account and a case for every worker placed on covered projects. Who counts as an employee, and how the state enforces it, is covered in E-Verify requirements in Ohio.
What did the 2026 marijuana law change for hiring?
Less than its size suggests. SB 56 rewrote the medical and adult-use marijuana laws effective March 20, 2026, but R.C. 3796.28 still says it is not a violation of the state civil rights law "if an employer discharges, refuses to hire, or otherwise discriminates against a person because of that person's use of marijuana" in violation of the employer's drug-free workplace, zero-tolerance or similar policy. A person discharged for that use is treated as discharged for just cause for unemployment benefits. Testing practice is covered in Ohio drug testing laws.
What do the CQE and criminal history changes mean for employers?
A Certificate of Qualification for Employment is a court-issued certificate that, under R.C. 2953.25, gives an employer immunity from a negligent hiring claim if it knew of the certificate. HB 268 means more candidates can hold one sooner after release, while they are still on community control or post-release control. When a candidate offers a CQE, copy it into the hiring file before the decision. Ohio still has no statewide ban-the-box rule for private employers, and its sealed and expunged record rules are explained in Ohio background check laws. With the EEOC guidance rescinded, a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) remains a sound way to decide and document.
What will Columbus require in job postings from 2027?
Columbus City Code chapter 2335, rewritten by Ordinance 2898-2025 adopted November 3, 2025, already bars employers with 15 or more employees in the city from asking about salary history. Section 2335.03(C) adds: "Employers shall provide a reasonable salary range or scale for potential employment in employment postings," judged by factors such as the budget, the expected range of experience, the responsibilities, growth, cost of living and market research. The city's code notes that the ordinance says this subsection "shall not be enforced by the city until January 1, 2027." The definition of employer "includes job placement and referral agencies and other employment agencies when such agencies operate on behalf of" a covered employer, and the rule does not apply to internal transfers or promotions. Recruiters posting Columbus roles for clients should add ranges to every external posting before January.
What else is new for Ohio employers?
- Minimum wage. Under Article II, Section 34a, the state minimum wage is raised "on the thirtieth day of each September" by the prior twelve months' inflation, "effective the first day of the following January." Check the Ohio Department of Commerce's 2027 notice before setting January offers.
- Posting notices online. SB 33, effective July 21, 2025, lets employers post certain state labor law notices on the internet; federal posters are unaffected.
- Veterans poster. SB 39, effective September 30, 2025, provides for an informational poster on veteran benefits and services.
What did not change in Ohio in 2026?
- No statewide pay range or salary history law; Columbus and Cincinnati have city salary history bans, and Columbus adds ranges in 2027.
- Recording interviews still needs only one party's consent; see Ohio recording consent for interviews.
- Non-competes are still governed by case law; see Ohio non-compete law.
- Staffing licensing is unchanged; see Ohio staffing agency rules.
What should Ohio employers and staffing agencies do before January 1, 2027?
- PEOs: decide by November 16, 2026 whether to elect reporting under your own unemployment account, and send notice to the Director of Job and Family Services.
- Columbus postings: add a reasonable salary range or scale to every external posting for Columbus roles, including those agencies post for clients.
- Construction staffing: confirm E-Verify cases exist for every worker placed on nonresidential projects since March 20, 2026.
- Drug policies: keep a written drug-free or zero-tolerance policy if you intend to act on marijuana use.
- Criminal history: remove references to the 2012 EEOC guidance, and accept CQEs into the file.
- Pay floors: update January offers for the 2027 minimum wage. Federal Form I-9 and EAD changes that apply in every state are in new hiring laws for 2027.
Questions people ask
What new Ohio employment laws affect hiring in 2026 and 2027?
As of October 2026: HB 246 has required E-Verify for nonresidential construction contractors, subcontractors and labor brokers since March 20, 2026; SB 56 rewrote the marijuana law the same day while keeping employers' right to refuse to hire for marijuana use under a drug-free or zero-tolerance policy; SB 263 (September 17, 2026) lets PEOs report shared employees under their own unemployment account; HB 268 (September 23, 2026) lets people petition for a Certificate of Qualification for Employment sooner; and Columbus starts enforcing pay ranges in job postings on January 1, 2027. This is not legal advice.
Does Columbus, Ohio require salary ranges in job postings?
Yes, from January 1, 2027. Columbus City Code 2335.03(C), as amended by Ordinance 2898-2025 adopted November 3, 2025, requires employers with 15 or more employees in Columbus to provide a reasonable salary range or scale in employment postings, and the ordinance says the city will not enforce that subsection until January 1, 2027. Employment agencies acting for a covered employer are included.
Do staffing agencies in Ohio have to use E-Verify?
Those that supply workers to nonresidential construction projects do. Ohio's E-Verify Workforce Integrity Act, effective March 20, 2026, covers labor brokers, defined as anyone who hires an employee and supplies that employee's labor to a nonresidential construction contractor or subcontractor through a contract, along with the contractors and subcontractors themselves. Ohio has no general E-Verify mandate for other private employers.
What is the deadline for an Ohio PEO to elect its own unemployment account for shared employees?
November 16, 2026. According to the Legislative Service Commission's final analysis of SB 263, effective September 17, 2026, a PEO, alternate employer organization or PEO reporting entity may elect by that date to report shared employees' wages and contributions under its own account and experience rate instead of a separate subaccount for each client.