Bill Text: OH SB195 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To create a uniform standard to determine whether an individual performing services for an employer is an employee of that employer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-10-27 - To Insurance, Commerce, & Labor [SB195 Detail]

Download: Ohio-2009-SB195-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 195

Senator Patton 

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A BILL

To amend sections 121.083, 4111.14, 4113.15, 4115.03,

1

4123.01, and 4141.01 and to enact sections 4175.01

2

to 4175.16 and 4175.99 of the Revised Code to

3

create a uniform standard to determine whether an

4

individual performing services for an employer is

5

an employee of that employer.

6

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

Section 1. That sections 121.083, 4111.14, 4113.15, 4115.03,	7
4123.01, and 4141.01 be amended and sections 4175.01, 4175.02,	8
4175.03, 4175.04, 4175.05, 4175.06, 4175.07, 4175.08, 4175.09,	9
4175.10, 4175.11, 4175.12, 4175.13, 4175.14, 4175.15, 4175.16,	10
and 4175.99 of the Revised Code be enacted to read as follows:	11

Sec. 121.083.  The superintendent of labor in the department	12
of commerce shall do all of the following:	13

(A) Administer and enforce the general laws of this state	14
pertaining to buildings, pressure piping, boilers, bedding,	15
upholstered furniture, and stuffed toys, steam engineering,	16
elevators, plumbing, licensed occupations regulated by the	17
department, and travel agents, as they apply to plans review,	18
inspection, code enforcement, testing, licensing, registration,	19
and certification.	20

(B) Exercise the powers and perform the duties delegated to	21
the superintendent by the director of commerce under Chapters	22
4109., 4111., and 4115., and 4175. of the Revised Code.	23

(C) Collect and collate statistics as are necessary.

24

(D) Examine and license persons who desire to act as steam	25
engineers, to operate steam boilers, and to act as inspectors of	26
steam boilers, provide for the scope, conduct, and time of such	27
examinations, provide for, regulate, and enforce the renewal and	28
revocation of such licenses, inspect and examine steam boilers and	29
make, publish, and enforce rules and orders for the construction,	30
installation, inspection, and operation of steam boilers, and do,	31
require, and enforce all things necessary to make such	32
examination, inspection, and requirement efficient.	33

(E) Rent and furnish offices as needed in cities in this	34
state for the conduct of its affairs.	35

(F) Oversee a chief of construction and compliance, a chief	36
of operations and maintenance, a chief of licensing and	37
certification, a chief of worker protection, and other designees	38
appointed by the director to perform the duties described in this	39
section.	40

(G) Enforce the rules the board of building standards adopts	41
pursuant to division (A)(2) of section 4104.43 of the Revised	42
Code under the circumstances described in division (D) of that	43
section.	44

(H) Accept submissions, establish a fee for submissions, and	45
review submissions of certified welding and brazing procedure	46
specifications, procedure qualification records, and performance	47
qualification records for building services piping as required by	48
section 4104.44 of the Revised Code.	49

Sec. 4111.14. (A) Pursuant to the general assembly's	50
authority to establish a minimum wage under Section 34 of Article	51
II, Ohio Constitution, this section is in implementation of	52
Section 34a of Article II, Ohio Constitution. In implementing	53
Section 34a of Article II, Ohio Constitution, the general assembly	54
hereby finds that the purpose of Section 34a of Article II, Ohio	55
Constitution, is to:	56

(1) Ensure that Ohio employees, as defined in division (B)(1)	57
of this section, are paid the wage rate required by Section 34a of	58
Article II, Ohio Constitution;	59

(2) Ensure that covered Ohio employers maintain certain	60
records that are directly related to the enforcement of the wage	61
rate requirements in Section 34a of Article II, Ohio Constitution;	62

(3) Ensure that Ohio employees who are paid the wage rate	63
required by Section 34a of Article II, Ohio Constitution, may	64
enforce their right to receive that wage rate in the manner set	65
forth in Section 34a of Article II, Ohio Constitution; and	66

(4) Protect the privacy of Ohio employees' pay and personal	67
information specified in Section 34a of Article II, Ohio	68
Constitution, by restricting an employee's access, and access by a	69
person acting on behalf of that employee, to the employee's own	70
pay and personal information.	71

(B) In accordance with Section 34a of Article II, Ohio	72
Constitution, the terms "employer," "employee," "employ," and	73
"person," and "independent contractor" have the same meanings as	74
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	75
U.S.C. 203, as amended. In construing the meaning of these terms,	76
due consideration and great weight shall be given to the United	77
States department of labor's and federal courts' interpretations	78
of those terms under the Fair Labor Standards Act and its	79
regulations. As used in division (B) of this section:	80

(1) "Employee" means individuals employed in Ohio, but does	81
not mean individuals who are excluded from the definition of	82
"employee" under 29 U.S.C. 203(e) or individuals who are exempted	83
from the minimum wage requirements in 29 U.S.C. 213 and from the	84
definition of "employee" in this chapterincludes an individual	85
who performs services for an employer unless the director of	86
commerce determines that the factors described in division (B) of	87
section 4175.03 of the Revised Code apply to the individual.	88

(2) "Employ" and "employee" do"Employee" does not include	89
any person acting as a volunteer. In construing who is a	90
volunteer, "volunteer" shall have the same meaning as in sections	91
553.101 to 553.106 of Title 29 of the Code of Federal	92
Regulations, as amended, and due consideration and great weight	93
shall be given to the United States department of labor's and	94
federal courts' interpretations of the term "volunteer" under the	95
Fair Labor Standards Act and its regulations.	96

(C) In accordance with Section 34a of Article II, Ohio	97
Constitution, the state may issue licenses to employers	98
authorizing payment of a wage below that required by Section 34a	99
of Article II, Ohio Constitution, to individuals with mental or	100
physical disabilities that may otherwise adversely affect their	101
opportunity for employment. In issuing such licenses, the state	102
shall abide by the rules adopted pursuant to section 4111.06 of	103
the Revised Code.	104

(D)(1) In accordance with Section 34a of Article II, Ohio	105
Constitution, individuals employed in or about the property of an	106
employer or an individual's residence on a casual basis are not	107
included within the coverage of Section 34a of Article II, Ohio	108
Constitution. As used in division (D) of this section:	109

(a) "Casual basis" means employment that is irregular or	110
intermittent and that is not performed by an individual whose	111
vocation is to be employed in or about the property of the	112
employer or individual's residence. In construing who is employed	113
on a "casual basis," due consideration and great weight shall be	114
given to the United States department of labor's and federal	115
courts' interpretations of the term "casual basis" under the Fair	116
Labor Standards Act and its regulations.	117

(b) "An individual employed in or about the property of an	118
employer or individual's residence" means an individual employed	119
on a casual basis or an individual employed in or about a	120
residence on a casual basis, respectively.	121

(2) In accordance with Section 34a of Article II, Ohio	122
Constitution, employees of a solely family-owned and operated	123
business who are family members of an owner are not included	124
within the coverage of Section 34a of Article II, Ohio	125
Constitution. As used in division (D)(2) of this section, "family	126
member" means a parent, spouse, child, stepchild, sibling,	127
grandparent, grandchild, or other member of an owner's immediate	128
family.	129

(E) In accordance with Section 34a of Article II, Ohio	130
Constitution, an employer shall at the time of hire provide an	131
employee with the employer's name, address, telephone number, and	132
other contact information and update such information when it	133
changes. As used in division (E) of this section:	134

(1) "Other contact information" may include, where	135
applicable, the address of the employer's internet site on the	136
world wide web, the employer's electronic mail address, fax	137
number, or the name, address, and telephone number of the	138
employer's statutory agent. "Other contact information" does not	139
include the name, address, telephone number, fax number, internet	140
site address, or electronic mail address of any employee,	141
shareholder, officer, director, supervisor, manager, or other	142
individual employed by or associated with an employer.	143

(2) "When it changes" means that the employer shall provide	144
its employees with the change in its name, address, telephone	145
number, or other contact information within sixty business days	146
after the change occurs. The employer shall provide the changed	147
information by using any of its usual methods of communicating	148
with its employees, including, but not limited to, listing the	149
change on the employer's internet site on the world wide web,	150
internal computer network, or a bulletin board where it commonly	151
posts employee communications or by insertion or inclusion with	152
employees' paychecks or pay stubs.	153

(F) In accordance with Section 34a of Article II, Ohio	154
Constitution, an employer shall maintain a record of the name,	155
address, occupation, pay rate, hours worked for each day worked,	156
and each amount paid an employee for a period of not less than	157
three years following the last date the employee was employed by	158
that employer. As used in division (F) of this section:	159

(1) "Address" means an employee's home address as maintained	160
in the employer's personnel file or personnel database for that	161
employee.	162

(2)(a) With respect to employees who are not exempt from the	163
overtime pay requirements of the Fair Labor Standards Act or this	164
chapter, "pay rate" means an employee's base rate of pay.	165

(b) With respect to employees who are exempt from the	166
overtime pay requirements of the Fair Labor Standards Act or this	167
chapter, "pay rate" means an employee's annual base salary or	168
other rate of pay by which the particular employee qualifies for	169
that exemption under the Fair Labor Standards Act or this chapter,	170
but does not include bonuses, stock options, incentives, deferred	171
compensation, or any other similar form of compensation.	172

(3) "Record" means the name, address, occupation, pay rate,	173
hours worked for each day worked, and each amount paid an employee	174
in one or more documents, databases, or other paper or electronic	175
forms of record-keeping maintained by an employer. No one	176
particular method or form of maintaining such a record or records	177
is required under this division. An employer is not required to	178
create or maintain a single record containing only the employee's	179
name, address, occupation, pay rate, hours worked for each day	180
worked, and each amount paid an employee. An employer shall	181
maintain a record or records from which the employee or person	182
acting on behalf of that employee could reasonably review the	183
information requested by the employee or person.	184

An employer is not required to maintain the records specified	185
in division (F)(3) of this section for any period before January	186
1, 2007. On and after January 1, 2007, the employer shall maintain	187
the records required by division (F)(3) of this section for three	188
years from the date the hours were worked by the employee and for	189
three years after the date the employee's employment ends.	190

(4)(a) Except for individuals specified in division (F)(4)(b)	191
of this section, "hours worked for each day worked" means the	192
total amount of time worked by an employee in whatever increments	193
the employer uses for its payroll purposes during a day worked by	194
the employee. An employer is not required to keep a record of the	195
time of day an employee begins and ends work on any given day. As	196
used in division (F)(4) of this section, "day" means a fixed	197
period of twenty-four consecutive hours during which an employee	198
performs work for an employer.	199

(b) An employer is not required to keep records of "hours	200
worked for each day worked" for individuals for whom the employer	201
is not required to keep those records under the Fair Labor	202
Standards Act and its regulations or individuals who are not	203
subject to the overtime pay requirements specified in section	204
4111.03 of the Revised Code.	205

(5) "Each amount paid an employee" means the total gross	206
wages paid to an employee for each pay period. As used in division	207
(F)(5) of this section, "pay period" means the period of time	208
designated by an employer to pay an employee the employee's gross	209
wages in accordance with the employer's payroll practices under	210
section 4113.15 of the Revised Code.	211

(G) In accordance with Section 34a of Article II, Ohio	212
Constitution, an employer must provide such information without	213
charge to an employee or person acting on behalf of an employee	214
upon request. As used in division (G) of this section:	215

(1) "Such information" means the name, address, occupation,	216
pay rate, hours worked for each day worked, and each amount paid	217
for the specific employee who has requested that specific	218
employee's own information and does not include the name, address,	219
occupation, pay rate, hours worked for each day worked, or each	220
amount paid of any other employee of the employer. "Such	221
information" does not include hours worked for each day worked by	222
individuals for whom an employer is not required to keep that	223
information under the Fair Labor Standards Act and its regulations	224
or individuals who are not subject to the overtime pay	225
requirements specified in section 4111.03 of the Revised Code.	226

(2) "Acting on behalf of an employee" means a person acting	227
on behalf of an employee as any of the following:	228

(a) The certified or legally recognized collective bargaining	229
representative for that employee under the applicable federal law	230
or Chapter 4117. of the Revised Code;	231

(b) The employee's attorney;

232

(c) The employee's parent, guardian, or legal custodian.

233

A person "acting on behalf of an employee" must be	234
specifically authorized by an employee in order to make a request	235
for that employee's own name, address, occupation, pay rate, hours	236
worked for each day worked, and each amount paid to that employee.	237

(3) "Provide" means that an employer shall provide the	238
requested information within thirty business days after the date	239
the employer receives the request, unless either of the following	240
occurs:	241

(a) The employer and the employee or person acting on behalf	242
of the employee agree to some alternative time period for	243
providing the information.	244

(b) The thirty-day period would cause a hardship on the	245
employer under the circumstances, in which case the employer must	246
provide the requested information as soon as practicable.	247

(4) A "request" made by an employee or a person acting on	248
behalf of an employee means a request by an employee or a person	249
acting on behalf of an employee for the employee's own	250
information. The employer may require that the employee provide	251
the employer with a written request that has been signed by the	252
employee and notarized and that reasonably specifies the	253
particular information being requested. The employer may require	254
that the person acting on behalf of an employee provide the	255
employer with a written request that has been signed by the	256
employee whose information is being requested and notarized and	257
that reasonably specifies the particular information being	258
requested.	259

(H) In accordance with Section 34a of Article II, Ohio	260
Constitution, an employee, person acting on behalf of one or more	261
employees, and any other interested party may file a complaint	262
with the state for a violation of any provision of Section 34a of	263
Article II, Ohio Constitution, or any law or regulation	264
implementing its provisions. Such complaint shall be promptly	265
investigated and resolved by the state. The employee's name shall	266
be kept confidential unless disclosure is necessary to resolution	267
of a complaint and the employee consents to disclosure. As used in	268
division (H) of this section:	269

(1) "Complaint" means a complaint of an alleged violation	270
pertaining to harm suffered by the employee filing the complaint,	271
by a person acting on behalf of one or more employees, or by an	272
interested party.	273

(2) "Acting on behalf of one or more employees" has the same	274
meaning as "acting on behalf of an employee" in division (G)(2) of	275
this section. Each employee must provide a separate written and	276
notarized authorization before the person acting on that	277
employee's or those employees' behalf may request the name,	278
address, occupation, pay rate, hours worked for each day worked,	279
and each amount paid for the particular employee.	280

(3) "Interested party" means a party who alleges to be	281
injured by the alleged violation and who has standing to file a	282
complaint under common law principles of standing.	283

(4) "Resolved by the state" means that the complaint has been	284
resolved to the satisfaction of the state.	285

(5) "Shall be kept confidential" means that the state shall	286
keep the name of the employee confidential as required by division	287
(H) of this section.	288

(I) In accordance with Section 34a of Article II, Ohio	289
Constitution, the state may on its own initiative investigate an	290
employer's compliance with Section 34a of Article II, Ohio	291
Constitution, and any law or regulation implementing Section 34a	292
of Article II, Ohio Constitution. The employer shall make	293
available to the state any records related to such investigation	294
and other information required for enforcement of Section 34a of	295
Article II, Ohio Constitution or any law or regulation	296
implementing Section 34a of Article II, Ohio Constitution. The	297
state shall investigate an employer's compliance with this section	298
in accordance with the procedures described in section 4111.04 of	299
the Revised Code. All records and information related to	300
investigations by the state are confidential and are not a public	301
record subject to section 149.43 of the Revised Code. This	302
division does not prevent the state from releasing to or	303
exchanging with other state and federal wage and hour regulatory	304
authorities information related to investigations.	305

(J) In accordance with Section 34a of Article II, Ohio	306
Constitution, damages shall be calculated as an additional two	307
times the amount of the back wages and in the case of a violation	308
of an anti-retaliation provision an amount set by the state or	309
court sufficient to compensate the employee and deter future	310
violations, but not less than one hundred fifty dollars for each	311
day that the violation continued. The "not less than one hundred	312
fifty dollar" penalty specified in division (J) of this section	313
shall be imposed only for violations of the anti-retaliation	314
provision in Section 34a of Article II, Ohio Constitution.	315

(K) In accordance with Section 34a of Article II, Ohio	316
Constitution, an action for equitable and monetary relief may be	317
brought against an employer by the attorney general and/or an	318
employee or person acting on behalf of an employee or all	319
similarly situated employees in any court of competent	320
jurisdiction, including the court of common pleas of an employee's	321
county of residence, for any violation of Section 34a of Article	322
II, Ohio Constitution, or any law or regulation implementing its	323
provisions within three years of the violation or of when the	324
violation ceased if it was of a continuing nature, or within one	325
year after notification to the employee of final disposition by	326
the state of a complaint for the same violation, whichever is	327
later.	328

(1) As used in division (K) of this section, "notification"	329
means the date on which the notice was sent to the employee by the	330
state.	331

(2) No employee shall join as a party plaintiff in any civil	332
action that is brought under division (K) of this section by an	333
employee, person acting on behalf of an employee, or person acting	334
on behalf of all similarly situated employees unless that employee	335
first gives written consent to become such a party plaintiff and	336
that consent is filed with the court in which the action is	337
brought.	338

(3) A civil action regarding an alleged violation of this	339
section shall be maintained only under division (K) of this	340
section. This division does not preclude the joinder in a single	341
civil action of an action under this division and an action under	342
section 4111.10 of the Revised Code.	343

(4) Any agreement between an employee and employer to work	344
for less than the wage rate specified in Section 34a of Article	345
II, Ohio Constitution, is no defense to an action under this	346
section.	347

(L) In accordance with Section 34a of Article II, Ohio	348
Constitution, there shall be no exhaustion requirement, no	349
procedural, pleading, or burden of proof requirements beyond those	350
that apply generally to civil suits in order to maintain such	351
action and no liability for costs or attorney's fees on an	352
employee except upon a finding that such action was frivolous in	353
accordance with the same standards that apply generally in civil	354
suits. Nothing in division (L) of this section affects the right	355
of an employer and employee to agree to submit a dispute under	356
this section to alternative dispute resolution, including, but not	357
limited to, arbitration, in lieu of maintaining the civil suit	358
specified in division (K) of this section. Nothing in this	359
division limits the state's ability to investigate or enforce this	360
section.	361

(M) An employer who provides such information specified in	362
Section 34a of Article II, Ohio Constitution, shall be immune from	363
any civil liability for injury, death, or loss to person or	364
property that otherwise might be incurred or imposed as a result	365
of providing that information to an employee or person acting on	366
behalf of an employee in response to a request by the employee or	367
person, and the employer shall not be subject to the provisions of	368
Chapters 1347. and 1349. of the Revised Code to the extent that	369
such provisions would otherwise apply. As used in division (M) of	370
this section, "such information," "acting on behalf of an	371
employee," and "request" have the same meanings as in division (G)	372
of this section.	373

(N) As used in this section, "the state" means the director	374
of commerce.	375

Sec. 4113.15.  (A) Every individual, firm, partnership,	376
association, or corporation doing business in this state shall, on	377
or before the first day of each month, pay all its employees the	378
wages earned by them during the first half of the preceding month	379
ending with the fifteenth day thereof, and shall, on or before the	380
fifteenth day of each month, pay such employees the wages earned	381
by them during the last half of the preceding calendar month. If	382
at any time of payment an employee is absent from histhe	383
employee's regular place of labor and does not receive histhe	384
employee's wages through an authorized representative, such person	385
shall be entitled to said payment at any time thereafter upon	386
demand upon the proper paymaster at the place where such wages are	387
usually paid and where such pay is due. This section does not	388
prohibit the daily or weekly payment of wages. Theor the use of a	389
longer time lapse that is customary to a given trade, profession	390
or occupation, or establishment of a different time lapse by	391
written contract or by operation of law.	392

(B) Where wages remain unpaid for thirty days beyond the	393
regularly scheduled payday or, in the case where no regularly	394
scheduled payday is applicable, for sixty days beyond the filing	395
by the employee of a claim or for sixty days beyond the date of	396
the agreement, award, or other act making wages payable and no	397
contest court order or dispute of any wage claim including the	398
assertion of a counterclaim exists accounting for nonpayment, the	399
employer, in addition, as liquidated damages, is liable to the	400
employee in an amount equal to six per cent of the amount of the	401
claim still unpaid and not in contest or disputed or two hundred	402
dollars, whichever is greater.	403

(C) In the absence of a contest, court order or dispute, an	404
employer who is party to an agreement to pay or provide fringe	405
benefits to an employee or to make any employee authorized	406
deduction becomes a trustee of any funds required by such	407
agreement to be paid to any person, organization, or governmental	408
agency from the time that the duty to make such payment arises. No	409
person shall, without reasonable justification or excuse for such	410
failure, knowingly fail or refuse to pay to the appropriate	411
person, organization, or governmental agency the amount necessary	412
to provide the benefits or accomplish the purpose of any employee	413
authorized deduction, within thirty days after the close of the	414
pay period during which the employee earned or had deducted the	415
amount of money necessary to pay for the fringe benefit or make	416
any employee authorized deduction. A failure or refusal to pay,	417
regardless of the number of employee pay accounts involved,	418
constitutes one offense for the first delinquency of thirty days	419
and a separate offense for each successive delinquency of thirty	420
days.	421

(D) As used in this section and section 4113.16 of the	422
Revised Code:	423

(1) "Wage" means the net amount of money payable to an	424
employee, including any guaranteed pay or reimbursement for	425
expenses, less any federal, state, or local taxes withheld; any	426
deductions made pursuant to a written agreement for the purpose of	427
providing the employee with any fringe benefits; and any employee	428
authorize deduction.	429

(2) "Fringe benefits" includes but is not limited to health,	430
welfare, or retirement benefits, whether paid for entirely by the	431
employer or on the basis of a joint employer-employee	432
contribution, or vacation, separation, or holiday pay.	433

(3) "Employee authorized deduction" includes but is not	434
limited to deductions for the purpose of any of the following: (a)	435
purchase	436

(a) Purchase of United States savings bonds or corporate	437
stocks or bonds, (b) a;	438

(b) A charitable contribution, (c) credit;

439

(c) Credit union savings or other regular savings program, or	440
(d) repayment;	441

(d) Repayment of a loan or other obligation.

442

(4) "Employee" includes an individual who performs services	443
for an employer, unless the director of commerce determines that	444
the factors described in division (B) of section 4175.03 of the	445
Revised Code apply to that individual.	446

Sec. 4115.03.  As used in sections 4115.03 to 4115.16 of the	447
Revised Code:	448

(A) "Public authority" means any officer, board, or	449
commission of the state, or any political subdivision of the	450
state, authorized to enter into a contract for the construction of	451
a public improvement or to construct the same by the direct	452
employment of labor, or any institution supported in whole or in	453
part by public funds and said sections apply to expenditures of	454
such institutions made in whole or in part from public funds.	455

(B) "Construction" means either of the following:

456

(1) Any new construction of any public improvement, the total	457
overall project cost of which is fairly estimated to be more than	458
fifty thousand dollars adjusted biennially by the director of	459
commerce pursuant to section 4115.034 of the Revised Code and	460
performed by other than full-time employees who have completed	461
their probationary periods in the classified service of a public	462
authority;	463

(2) Any reconstruction, enlargement, alteration, repair,	464
remodeling, renovation, or painting of any public improvement, the	465
total overall project cost of which is fairly estimated to be more	466
than fifteen thousand dollars adjusted biennially by the	467
administrator pursuant to section 4115.034 of the Revised Code and	468
performed by other than full-time employees who have completed	469
their probationary period in the classified civil service of a	470
public authority.	471

(C) "Public improvement" includes all buildings, roads,	472
streets, alleys, sewers, ditches, sewage disposal plants, water	473
works, and all other structures or works constructed by a public	474
authority of the state or any political subdivision thereof or by	475
any person who, pursuant to a contract with a public authority,	476
constructs any structure for a public authority of the state or a	477
political subdivision thereof. When a public authority rents or	478
leases a newly constructed structure within six months after	479
completion of such construction, all work performed on such	480
structure to suit it for occupancy by a public authority is a	481
"public improvement." "Public improvement" does not include an	482
improvement authorized by section 1515.08 of the Revised Code that	483
is constructed pursuant to a contract with a soil and water	484
conservation district, as defined in section 1515.01 of the	485
Revised Code, or performed as a result of a petition filed	486
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	487
wherein no less than seventy-five per cent of the project is	488
located on private land and no less than seventy-five per cent of	489
the cost of the improvement is paid for by private property owners	490
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	491
Code.	492

(D) "Locality" means the county wherein the physical work	493
upon any public improvement is being performed.	494

(E) "Prevailing wages" means the sum of the following:

495

(1) The basic hourly rate of pay;

496

(2) The rate of contribution irrevocably made by a contractor	497
or subcontractor to a trustee or to a third person pursuant to a	498
fund, plan, or program;	499

(3) The rate of costs to the contractor or subcontractor	500
which may be reasonably anticipated in providing the following	501
fringe benefits to laborers and mechanics pursuant to an	502
enforceable commitment to carry out a financially responsible plan	503
or program which was communicated in writing to the laborers and	504
mechanics affected:	505

(a) Medical or hospital care or insurance to provide such;

506

(b) Pensions on retirement or death or insurance to provide	507
such;	508

(c) Compensation for injuries or illnesses resulting from	509
occupational activities if it is in addition to that coverage	510
required by Chapters 4121. and 4123. of the Revised Code;	511

(d) Supplemental unemployment benefits that are in addition	512
to those required by Chapter 4141. of the Revised Code;	513

(e) Life insurance;

514

(f) Disability and sickness insurance;

515

(g) Accident insurance;

516

(h) Vacation and holiday pay;

517

(i) Defraying of costs for apprenticeship or other similar	518
training programs which are beneficial only to the laborers and	519
mechanics affected;	520

(j) Other bona fide fringe benefits.

521

None of the benefits enumerated in division (E)(3) of this	522
section may be considered in the determination of prevailing wages	523
if federal, state, or local law requires contractors or	524
subcontractors to provide any of such benefits.	525

(F) "Interested party," with respect to a particular public	526
improvement, means:	527

(1) Any person who submits a bid for the purpose of securing	528
the award of a contract for construction of the public	529
improvement;	530

(2) Any person acting as a subcontractor of a person	531
mentioned in division (F)(1) of this section;	532

(3) Any bona fide organization of labor which has as members	533
or is authorized to represent employees of a person mentioned in	534
division (F)(1) or (2) of this section and which exists, in whole	535
or in part, for the purpose of negotiating with employers	536
concerning the wages, hours, or terms and conditions of employment	537
of employees;	538

(4) Any association having as members any of the persons	539
mentioned in division (F)(1) or (2) of this section.	540

(G) Except as used in division (A) of this section, "officer"	541
means an individual who has an ownership interest or holds an	542
office of trust, command, or authority in a corporation, business	543
trust, partnership, or association.	544

(H) "Employee" includes an individual who performs services	545
for an employer, unless the director of commerce determines that	546
the factors described in division (B) of section 4175.03 of the	547
Revised Code apply to that individual.	548

Sec. 4123.01.  As used in this chapter:

549

(A)(1) "Employee" meansExcept as otherwise provided in	550
division (A)(2) of this section, "employee" includes an individual	551
who performs services for an employer and includes all of the	552
following persons:	553

(a) Every person in the service of the state, or of any	554
county, municipal corporation, township, or school district	555
therein, including regular members of lawfully constituted police	556
and fire departments of municipal corporations and townships,	557
whether paid or volunteer, and wherever serving within the state	558
or on temporary assignment outside thereof, and executive officers	559
of boards of education, under any appointment or contract of hire,	560
express or implied, oral or written, including any elected	561
official of the state, or of any county, municipal corporation, or	562
township, or members of boards of education.	563

As used in division (A)(1)(a) of this section, the term	564
"employee" includes the following persons when responding to an	565
inherently dangerous situation that calls for an immediate	566
response on the part of the person, regardless of whether the	567
person is within the limits of the jurisdiction of the person's	568
regular employment or voluntary service when responding, on the	569
condition that the person responds to the situation as the person	570
otherwise would if the person were on duty in the person's	571
jurisdiction:	572

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	573
of this section, "peace officer" has the same meaning as in	574
section 2935.01 of the Revised Code.	575

(ii) Off-duty firefighters, whether paid or volunteer, of a	576
lawfully constituted fire department.	577

(iii) Off-duty first responders, emergency medical	578
technicians-basic, emergency medical technicians-intermediate, or	579
emergency medical technicians-paramedic, whether paid or	580
volunteer, of an ambulance service organization or emergency	581
medical service organization pursuant to Chapter 4765. of the	582
Revised Code.	583

(b) Every person in the service of any person, firm, or	584
private corporation, including any public service corporation,	585
that (i) employs one or more persons regularly in the same	586
business or in or about the same establishment under any contract	587
of hire, express or implied, oral or written, including aliens and	588
minors, household workers who earn one hundred sixty dollars or	589
more in cash in any calendar quarter from a single household and	590
casual workers who earn one hundred sixty dollars or more in cash	591
in any calendar quarter from a single employer, or (ii) is bound	592
by any such contract of hire or by any other written contract, to	593
pay into the state insurance fund the premiums provided by this	594
chapter.	595

(c) Every person who performs labor or provides services	596
pursuant to a construction contract, as defined in section 4123.79	597
of the Revised Code, if at least ten of the following criteria	598
apply:	599

(i) The person is required to comply with instructions from	600
the other contracting party regarding the manner or method of	601
performing services;	602

(ii) The person is required by the other contracting party to	603
have particular training;	604

(iii) The person's services are integrated into the regular	605
functioning of the other contracting party;	606

(iv) The person is required to perform the work personally;

607

(v) The person is hired, supervised, or paid by the other	608
contracting party;	609

(vi) A continuing relationship exists between the person and	610
the other contracting party that contemplates continuing or	611
recurring work even if the work is not full time;	612

(vii) The person's hours of work are established by the other	613
contracting party;	614

(viii) The person is required to devote full time to the	615
business of the other contracting party;	616

(ix) The person is required to perform the work on the	617
premises of the other contracting party;	618

(x) The person is required to follow the order of work set by	619
the other contracting party;	620

(xi) The person is required to make oral or written reports	621
of progress to the other contracting party;	622

(xii) The person is paid for services on a regular basis such	623
as hourly, weekly, or monthly;	624

(xiii) The person's expenses are paid for by the other	625
contracting party;	626

(xiv) The person's tools and materials are furnished by the	627
other contracting party;	628

(xv) The person is provided with the facilities used to	629
perform services;	630

(xvi) The person does not realize a profit or suffer a loss	631
as a result of the services provided;	632

(xvii) The person is not performing services for a number of	633
employers at the same time;	634

(xviii) The person does not make the same services available	635
to the general public;	636

(xix) The other contracting party has a right to discharge	637
the person;	638

(xx) The person has the right to end the relationship with	639
the other contracting party without incurring liability pursuant	640
to an employment contract or agreement.	641

(d) Every person in the service of any independent contractor	642
or subcontractor who has failed to pay into the state insurance	643
fund the amount of premium determined and fixed by the	644
administrator of workers' compensation for the person's employment	645
or occupation or if a self-insuring employer has failed to pay	646
compensation and benefits directly to the employer's injured and	647
to the dependents of the employer's killed employees as required	648
by section 4123.35 of the Revised Code, shall be considered as the	649
employee of the person who has entered into a contract, whether	650
written or verbal, with such independent contractor unless such	651
employees or their legal representatives or beneficiaries elect,	652
after injury or death, to regard such independent contractor as	653
the employer.	654

(d)(e) Every person to whom all of the following apply:

655

(i) The person is a resident of a state other than this state	656
and is covered by that other state's workers' compensation law;	657

(ii) The person performs labor or provides services for that	658
person's employer while temporarily within this state;	659

(iii) The laws of that other state do not include the	660
provisions described in division (H)(4) of section 4123.54 of the	661
Revised Code.	662

(2) "Employee" does not mean any of the following:

663

(a) A duly ordained, commissioned, or licensed minister or	664
assistant or associate minister of a church in the exercise of	665
ministry;	666

(b) Any officer of a family farm corporation;

667

(c) An individual incorporated as a corporationto whom the	668
factors described in division (B) of section 4175.03 of the	669
Revised Code apply as determined by the director of commerce; or	670

(d) An individual who otherwise is an employee of an employer	671
but who signs the waiver and affidavit specified in section	672
4123.15 of the Revised Code on the condition that the	673
administrator has granted a waiver and exception to the	674
individual's employer under section 4123.15 of the Revised Code.	675

Any employer may elect to include as an "employee" within	676
this chapter, any person excluded from the definition of	677
"employee" pursuant to division (A)(2) of this section. If an	678
employer is a partnership, sole proprietorship, individual	679
incorporated as a corporation, or family farm corporation, such	680
employer may elect to include as an "employee" within this	681
chapter, any member of such partnership, the owner of the sole	682
proprietorship, the individual incorporated as a corporation, or	683
the officers of the family farm corporation. In the event of an	684
election, the employer shall serve upon the bureau of workers'	685
compensation written notice naming the persons to be covered,	686
include such employee's remuneration for premium purposes in all	687
future payroll reports, and no person excluded from the definition	688
of "employee" pursuant to division (A)(2) of this section,	689
proprietor, individual incorporated as a corporation, or partner	690
shall be deemed an employee within this division until the	691
employer has served such notice.	692

For informational purposes only, the bureau shall prescribe	693
such language as it considers appropriate, on such of its forms as	694
it considers appropriate, to advise employers of their right to	695
elect to include as an "employee" within this chapter a sole	696
proprietor, any member of a partnership, an individual	697
incorporated as a corporation, the officers of a family farm	698
corporation, or a person excluded from the definition of	699
"employee" under division (A)(2) of this section, that they should	700
check any health and disability insurance policy, or other form of	701
health and disability plan or contract, presently covering them,	702
or the purchase of which they may be considering, to determine	703
whether such policy, plan, or contract excludes benefits for	704
illness or injury that they might have elected to have covered by	705
workers' compensation.	706

(B) "Employer" means:

707

(1) The state, including state hospitals, each county,	708
municipal corporation, township, school district, and hospital	709
owned by a political subdivision or subdivisions other than the	710
state;	711

(2) Every person, firm, professional employer organization as	712
defined in section 4125.01 of the Revised Code, and private	713
corporation, including any public service corporation, that (a)	714
has in service one or more employees or shared employees regularly	715
in the same business or in or about the same establishment under	716
any contract of hire, express or implied, oral or written, or (b)	717
is bound by any such contract of hire or by any other written	718
contract, to pay into the insurance fund the premiums provided by	719
this chapter.	720

All such employers are subject to this chapter. Any member of	721
a firm or association, who regularly performs manual labor in or	722
about a mine, factory, or other establishment, including a	723
household establishment, shall be considered an employee in	724
determining whether such person, firm, or private corporation, or	725
public service corporation, has in its service, one or more	726
employees and the employer shall report the income derived from	727
such labor to the bureau as part of the payroll of such employer,	728
and such member shall thereupon be entitled to all the benefits of	729
an employee.	730

(C) "Injury" includes any injury, whether caused by external	731
accidental means or accidental in character and result, received	732
in the course of, and arising out of, the injured employee's	733
employment. "Injury" does not include:	734

(1) Psychiatric conditions except where the claimant's	735
psychiatric conditions have arisen from an injury or occupational	736
disease sustained by that claimant or where the claimant's	737
psychiatric conditions have arisen from sexual conduct in which	738
the claimant was forced by threat of physical harm to engage or	739
participate;	740

(2) Injury or disability caused primarily by the natural	741
deterioration of tissue, an organ, or part of the body;	742

(3) Injury or disability incurred in voluntary participation	743
in an employer-sponsored recreation or fitness activity if the	744
employee signs a waiver of the employee's right to compensation or	745
benefits under this chapter prior to engaging in the recreation or	746
fitness activity;	747

(4) A condition that pre-existed an injury unless that	748
pre-existing condition is substantially aggravated by the injury.	749
Such a substantial aggravation must be documented by objective	750
diagnostic findings, objective clinical findings, or objective	751
test results. Subjective complaints may be evidence of such a	752
substantial aggravation. However, subjective complaints without	753
objective diagnostic findings, objective clinical findings, or	754
objective test results are insufficient to substantiate a	755
substantial aggravation.	756

(D) "Child" includes a posthumous child and a child legally	757
adopted prior to the injury.	758

(E) "Family farm corporation" means a corporation founded for	759
the purpose of farming agricultural land in which the majority of	760
the voting stock is held by and the majority of the stockholders	761
are persons or the spouse of persons related to each other within	762
the fourth degree of kinship, according to the rules of the civil	763
law, and at least one of the related persons is residing on or	764
actively operating the farm, and none of whose stockholders are a	765
corporation. A family farm corporation does not cease to qualify	766
under this division where, by reason of any devise, bequest, or	767
the operation of the laws of descent or distribution, the	768
ownership of shares of voting stock is transferred to another	769
person, as long as that person is within the degree of kinship	770
stipulated in this division.	771

(F) "Occupational disease" means a disease contracted in the	772
course of employment, which by its causes and the characteristics	773
of its manifestation or the condition of the employment results in	774
a hazard which distinguishes the employment in character from	775
employment generally, and the employment creates a risk of	776
contracting the disease in greater degree and in a different	777
manner from the public in general.	778

(G) "Self-insuring employer" means an employer who is granted	779
the privilege of paying compensation and benefits directly under	780
section 4123.35 of the Revised Code, including a board of county	781
commissioners for the sole purpose of constructing a sports	782
facility as defined in section 307.696 of the Revised Code,	783
provided that the electors of the county in which the sports	784
facility is to be built have approved construction of a sports	785
facility by ballot election no later than November 6, 1997.	786

(H) "Public employer" means an employer as defined in	787
division (B)(1) of this section.	788

(I) "Sexual conduct" means vaginal intercourse between a male	789
and female; anal intercourse, fellatio, and cunnilingus between	790
persons regardless of gender; and, without privilege to do so, the	791
insertion, however slight, of any part of the body or any	792
instrument, apparatus, or other object into the vaginal or anal	793
cavity of another. Penetration, however slight, is sufficient to	794
complete vaginal or anal intercourse.	795

(J) "Other-states' insurer" means an insurance company that	796
is authorized to provide workers' compensation insurance coverage	797
in any of the states that permit employers to obtain insurance	798
for workers' compensation claims through insurance companies.	799

(K) "Other-states' coverage" means insurance coverage	800
purchased by an employer for workers' compensation claims that	801
arise in a state or states other than this state and that are	802
filed by the employees of the employer or those employee's	803
dependents, as applicable, in that other state or those other	804
states.	805

Sec. 4141.01.  As used in this chapter, unless the context	806
otherwise requires:	807

(A)(1) "Employer" means the state, its instrumentalities, its	808
political subdivisions and their instrumentalities, Indian tribes,	809
and any individual or type of organization including any	810
partnership, limited liability company, association, trust,	811
estate, joint-stock company, insurance company, or corporation,	812
whether domestic or foreign, or the receiver, trustee in	813
bankruptcy, trustee, or the successor thereof, or the legal	814
representative of a deceased person who subsequent to December 31,	815
1971, or in the case of political subdivisions or their	816
instrumentalities, subsequent to December 31, 1973:	817

(a) Had in employment at least one individual, or in the case	818
of a nonprofit organization, subsequent to December 31, 1973, had	819
not less than four individuals in employment for some portion of a	820
day in each of twenty different calendar weeks, in either the	821
current or the preceding calendar year whether or not the same	822
individual was in employment in each such day; or	823

(b) Except for a nonprofit organization, had paid for service	824
in employment wages of fifteen hundred dollars or more in any	825
calendar quarter in either the current or preceding calendar year;	826
or	827

(c) Had paid, subsequent to December 31, 1977, for employment	828
in domestic service in a local college club, or local chapter of a	829
college fraternity or sorority, cash remuneration of one thousand	830
dollars or more in any calendar quarter in the current calendar	831
year or the preceding calendar year, or had paid subsequent to	832
December 31, 1977, for employment in domestic service in a private	833
home cash remuneration of one thousand dollars in any calendar	834
quarter in the current calendar year or the preceding calendar	835
year:	836

(i) For the purposes of divisions (A)(1)(a) and (b) of this	837
section, there shall not be taken into account any wages paid to,	838
or employment of, an individual performing domestic service as	839
described in this division.	840

(ii) An employer under this division shall not be an employer	841
with respect to wages paid for any services other than domestic	842
service unless the employer is also found to be an employer under	843
division (A)(1)(a), (b), or (d) of this section.	844

(d) As a farm operator or a crew leader subsequent to	845
December 31, 1977, had in employment individuals in agricultural	846
labor; and	847

(i) During any calendar quarter in the current calendar year	848
or the preceding calendar year, paid cash remuneration of twenty	849
thousand dollars or more for the agricultural labor; or	850

(ii) Had at least ten individuals in employment in	851
agricultural labor, not including agricultural workers who are	852
aliens admitted to the United States to perform agricultural labor	853
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	854
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	855
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	856
of the twenty different calendar weeks, in either the current or	857
preceding calendar year whether or not the same individual was in	858
employment in each day; or	859

(e) Is not otherwise an employer as defined under division	860
(A)(1)(a) or (b) of this section; and	861

(i) For which, within either the current or preceding	862
calendar year, service, except for domestic service in a private	863
home not covered under division (A)(1)(c) of this section, is or	864
was performed with respect to which such employer is liable for	865
any federal tax against which credit may be taken for	866
contributions required to be paid into a state unemployment fund;	867

(ii) Which, as a condition for approval of this chapter for	868
full tax credit against the tax imposed by the "Federal	869
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	870
required, pursuant to such act to be an employer under this	871
chapter; or	872

(iii) Who became an employer by election under division	873
(A)(4) or (5) of this section and for the duration of such	874
election; or	875

(f) In the case of the state, its instrumentalities, its	876
political subdivisions, and their instrumentalities, and Indian	877
tribes, had in employment, as defined in divisions (B)(2)(a) and	878
(B)(2)(l) of this section, at least one individual;	879

(g) For the purposes of division (A)(1)(a) of this section,	880
if any week includes both the thirty-first day of December and the	881
first day of January, the days of that week before the first day	882
of January shall be considered one calendar week and the days	883
beginning the first day of January another week.	884

(2) Each individual employed to perform or to assist in	885
performing the work of any agent or employee of an employer is	886
employed by such employer for all the purposes of this chapter,	887
whether such individual was hired or paid directly by such	888
employer or by such agent or employee, provided the employer had	889
actual or constructive knowledge of the work. All individuals	890
performing services for an employer of any person in this state	891
who maintains two or more establishments within this state are	892
employed by a single employer for the purposes of this chapter.	893

(3) An employer subject to this chapter within any calendar	894
year is subject to this chapter during the whole of such year and	895
during the next succeeding calendar year.	896

(4) An employer not otherwise subject to this chapter who	897
files with the director of job and family services a written	898
election to become an employer subject to this chapter for not	899
less than two calendar years shall, with the written approval of	900
such election by the director, become an employer subject to this	901
chapter to the same extent as all other employers as of the date	902
stated in such approval, and shall cease to be subject to this	903
chapter as of the first day of January of any calendar year	904
subsequent to such two calendar years only if at least thirty days	905
prior to such first day of January the employer has filed with the	906
director a written notice to that effect.	907

(5) Any employer for whom services that do not constitute	908
employment are performed may file with the director a written	909
election that all such services performed by individuals in the	910
employer's employ in one or more distinct establishments or places	911
of business shall be deemed to constitute employment for all the	912
purposes of this chapter, for not less than two calendar years.	913
Upon written approval of the election by the director, such	914
services shall be deemed to constitute employment subject to this	915
chapter from and after the date stated in such approval. Such	916
services shall cease to be employment subject to this chapter as	917
of the first day of January of any calendar year subsequent to	918
such two calendar years only if at least thirty days prior to such	919
first day of January such employer has filed with the director a	920
written notice to that effect.	921

(B)(1) "Employment" means service performed by an individual	922
for remuneration under any contract of hire, written or oral,	923
express or implied, including service performed in interstate	924
commerce and service performed by an officer of a corporation,	925
without regard to whether such service is executive, managerial,	926
or manual in nature, and without regard to whether such officer is	927
a stockholder or a member of the board of directors of the	928
corporation, unless it is shown to the satisfaction of the	929
director that such individual has been and will continue to be	930
free from direction or control over the performance of such	931
service, both under a contract of service and in factof commerce	932
determines that the factors described in division (B) of section	933
4175.03 of the Revised Code apply to the individual. The director	934
shall adopt rules to define "direction or control."	935

(2) "Employment" includes all of the following services,	936
unless the director of commerce determines that a service is	937
performed by an individual to whom the factors described in	938
division (B) of section 4175.03 of the Revised Code apply:	939

(a) Service performed after December 31, 1977, by an	940
individual in the employ of the state or any of its	941
instrumentalities, or any political subdivision thereof or any of	942
its instrumentalities or any instrumentality of more than one of	943
the foregoing or any instrumentality of any of the foregoing and	944
one or more other states or political subdivisions and without	945
regard to divisions (A)(1)(a) and (b) of this section, provided	946
that such service is excluded from employment as defined in the	947
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	948
3306(c)(7) and is not excluded under division (B)(3) of this	949
section; or the services of employees covered by voluntary	950
election, as provided under divisions (A)(4) and (5) of this	951
section;	952

(b) Service performed after December 31, 1971, by an	953
individual in the employ of a religious, charitable, educational,	954
or other organization which is excluded from the term "employment"	955
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	956
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	957
3306(c)(8) of that act and is not excluded under division (B)(3)	958
of this section;	959

(c) Domestic service performed after December 31, 1977, for	960
an employer, as provided in division (A)(1)(c) of this section;	961

(d) Agricultural labor performed after December 31, 1977, for	962
a farm operator or a crew leader, as provided in division	963
(A)(1)(d) of this section;	964

(e) Service not covered under division (B)(1) of this section	965
which is performed after December 31, 1971:	966

(i) As an agent-driver or commission-drivera delivery driver	967
engaged in distributing meat products, vegetable products, fruit	968
products, bakery products, beverages other than milk, laundry, or	969
parcels, freight, dry-cleaning services, for the individual's	970
employer or principalsimilar products;	971

(ii) As a traveling or city salesperson, other than as an	972
agent-driver or commission-drivera delivery driver, engaged on a	973
full-time basis in the solicitation on behalf of and in the	974
transmission to the salesperson's employer or principal except for	975
sideline sales activities on behalf of some other person of orders	976
from wholesalers, retailers, contractors, or operators of hotels,	977
restaurants, or other similar establishments for merchandise for	978
resale, or supplies for use in their business operations, provided	979
that for the purposes of division (B)(2)(e)(ii) of this section,	980
the services shall be deemed employment if the contract of service	981
contemplates that substantially all of the services are to be	982
performed personally by the individual and that the individual	983
does not have a substantial investment in facilities used in	984
connection with the performance of the services other than in	985
facilities for transportation, and the services are not in the	986
nature of a single transaction that is not a part of a continuing	987
relationship with the person for whom the services are performed.	988

(f) An individual's entire service performed within or both	989
within and without the state if:	990

(i) The service is localized in this state.

991

(ii) The service is not localized in any state, but some of	992
the service is performed in this state and either the base of	993
operations, or if there is no base of operations then the place	994
from which such service is directed or controlled, is in this	995
state or the base of operations or place from which such service	996
is directed or controlled is not in any state in which some part	997
of the service is performed but the individual's residence is in	998
this state.	999

(g) Service not covered under division (B)(2)(f)(ii) of this	1000
section and performed entirely without this state, with respect to	1001
no part of which contributions are required and paid under an	1002
unemployment compensation law of any other state, the Virgin	1003
Islands, Canada, or of the United States, if the individual	1004
performing such service is a resident of this state and the	1005
director approves the election of the employer for whom such	1006
services are performed; or, if the individual is not a resident of	1007
this state but the place from which the service is directed or	1008
controlled is in this state, the entire services of such	1009
individual shall be deemed to be employment subject to this	1010
chapter, provided service is deemed to be localized within this	1011
state if the service is performed entirely within this state or if	1012
the service is performed both within and without this state but	1013
the service performed without this state is incidental to the	1014
individual's service within the state, for example, is temporary	1015
or transitory in nature or consists of isolated transactions;	1016

(h) Service of an individual who is a citizen of the United	1017
States, performed outside the United States except in Canada after	1018
December 31, 1971, or the Virgin Islands, after December 31, 1971,	1019
and before the first day of January of the year following that in	1020
which the United States secretary of labor approves the Virgin	1021
Islands law for the first time, in the employ of an American	1022
employer, other than service which is "employment" under divisions	1023
(B)(2)(f) and (g) of this section or similar provisions of another	1024
state's law, if:	1025

(i) The employer's principal place of business in the United	1026
States is located in this state;	1027

(ii) The employer has no place of business in the United	1028
States, but the employer is an individual who is a resident of	1029
this state; or the employer is a corporation which is organized	1030
under the laws of this state, or the employer is a partnership or	1031
a trust and the number of partners or trustees who are residents	1032
of this state is greater than the number who are residents of any	1033
other state; or	1034

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	1035
of this section is met but the employer has elected coverage in	1036
this state or the employer having failed to elect coverage in any	1037
state, the individual has filed a claim for benefits, based on	1038
such service, under this chapter.	1039

(i) For the purposes of division (B)(2)(h) of this section,	1040
the term "American employer" means an employer who is an	1041
individual who is a resident of the United States; or a	1042
partnership, if two-thirds or more of the partners are residents	1043
of the United States; or a trust, if all of the trustees are	1044
residents of the United States; or a corporation organized under	1045
the laws of the United States or of any state, provided the term	1046
"United States" includes the states, the District of Columbia, the	1047
Commonwealth of Puerto Rico, and the Virgin Islands.	1048

(j) Notwithstanding any other provisions of divisions (B)(1)	1049
and (2) of this section, service, except for domestic service in a	1050
private home not covered under division (A)(1)(c) of this section,	1051
with respect to which a tax is required to be paid under any	1052
federal law imposing a tax against which credit may be taken for	1053
contributions required to be paid into a state unemployment fund,	1054
or service, except for domestic service in a private home not	1055
covered under division (A)(1)(c) of this section, which, as a	1056
condition for full tax credit against the tax imposed by the	1057
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	1058
3311, is required to be covered under this chapter.	1059

(k) Construction services performed by any individual under a	1060
construction contract, as defined in section 4141.39 of the	1061
Revised Code, if the director determines that the employer for	1062
whom services are performed has the right to direct or control the	1063
performance of the services and that the individuals who perform	1064
the services receive remuneration for the services performed. The	1065
director shall presume that the employer for whom services are	1066
performed has the right to direct or control the performance of	1067
the services if ten or more of the following criteria apply:	1068

(i) The employer directs or controls the manner or method by	1069
which instructions are given to the individual performing	1070
services;	1071

(ii) The employer requires particular training for the	1072
individual performing services;	1073

(iii) Services performed by the individual are integrated	1074
into the regular functioning of the employer;	1075

(iv) The employer requires that services be provided by a	1076
particular individual;	1077

(v) The employer hires, supervises, or pays the wages of the	1078
individual performing services;	1079

(vi) A continuing relationship between the employer and the	1080
individual performing services exists which contemplates	1081
continuing or recurring work, even if not full-time work;	1082

(vii) The employer requires the individual to perform	1083
services during established hours;	1084

(viii) The employer requires that the individual performing	1085
services be devoted on a full-time basis to the business of the	1086
employer;	1087

(ix) The employer requires the individual to perform services	1088
on the employer's premises;	1089

(x) The employer requires the individual performing services	1090
to follow the order of work established by the employer;	1091

(xi) The employer requires the individual performing services	1092
to make oral or written reports of progress;	1093

(xii) The employer makes payment to the individual for	1094
services on a regular basis, such as hourly, weekly, or monthly;	1095

(xiii) The employer pays expenses for the individual	1096
performing services;	1097

(xiv) The employer furnishes the tools and materials for use	1098
by the individual to perform services;	1099

(xv) The individual performing services has not invested in	1100
the facilities used to perform services;	1101

(xvi) The individual performing services does not realize a	1102
profit or suffer a loss as a result of the performance of the	1103
services;	1104

(xvii) The individual performing services is not performing	1105
services for more than two employers simultaneously;	1106

(xviii) The individual performing services does not make the	1107
services available to the general public;	1108

(xix) The employer has a right to discharge the individual	1109
performing services;	1110

(xx) The individual performing services has the right to end	1111
the individual's relationship with the employer without incurring	1112
liability pursuant to an employment contract or agreement.	1113

(l) Service performed by an individual in the employ of an	1114
Indian tribe as defined by section 4(e) of the "Indian	1115
Self-Determination and Education Assistance Act," 88 Stat. 2204	1116
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	1117
subsidiary, or business enterprise wholly owned by an Indian tribe	1118
provided that the service is excluded from employment as defined	1119
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	1120
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	1121
(B)(3) of this section.	1122

(3) "Employment" does not include the following services if	1123
they are found not subject to the "Federal Unemployment Tax Act,"	1124
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	1125
are not required to be included under division (B)(2)(j) of this	1126
section:	1127

(a) Service performed after December 31, 1977, in	1128
agricultural labor, except as provided in division (A)(1)(d) of	1129
this section;	1130

(b) Domestic service performed after December 31, 1977, in a	1131
private home, local college club, or local chapter of a college	1132
fraternity or sorority except as provided in division (A)(1)(c) of	1133
this section;	1134

(c) Service performed after December 31, 1977, for this state	1135
or a political subdivision as described in division (B)(2)(a) of	1136
this section when performed:	1137

(i) As a publicly elected official;

1138

(ii) As a member of a legislative body, or a member of the	1139
judiciary;	1140

(iii) As a military member of the Ohio national guard;

1141

(iv) As an employee, not in the classified service as defined	1142
in section 124.11 of the Revised Code, serving on a temporary	1143
basis in case of fire, storm, snow, earthquake, flood, or similar	1144
emergency;	1145

(v) In a position which, under or pursuant to law, is	1146
designated as a major nontenured policymaking or advisory	1147
position, not in the classified service of the state, or a	1148
policymaking or advisory position the performance of the duties of	1149
which ordinarily does not require more than eight hours per week.	1150

(d) In the employ of any governmental unit or instrumentality	1151
of the United States;	1152

(e) Service performed after December 31, 1971:

1153

(i) Service in the employ of an educational institution or	1154
institution of higher education, including those operated by the	1155
state or a political subdivision, if such service is performed by	1156
a student who is enrolled and is regularly attending classes at	1157
the educational institution or institution of higher education; or	1158

(ii) By an individual who is enrolled at a nonprofit or	1159
public educational institution which normally maintains a regular	1160
faculty and curriculum and normally has a regularly organized body	1161
of students in attendance at the place where its educational	1162
activities are carried on as a student in a full-time program,	1163
taken for credit at the institution, which combines academic	1164
instruction with work experience, if the service is an integral	1165
part of the program, and the institution has so certified to the	1166
employer, provided that this subdivision shall not apply to	1167
service performed in a program established for or on behalf of an	1168
employer or group of employers;	1169

(f) Service performed by an individual in the employ of the	1170
individual's son, daughter, or spouse and service performed by a	1171
child under the age of eighteen in the employ of the child's	1172
father or mother;	1173

(g) Service performed for one or more principals by an	1174
individual who is compensated on a commission basis, who in the	1175
performance of the work is master of the individual's own time and	1176
efforts, and whose remuneration is wholly dependent on the amount	1177
of effort the individual chooses to expend, and which service is	1178
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	1179
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	1180
31, 1971:	1181

(i) By an individual for an employer as an insurance agent or	1182
as an insurance solicitor, if all this service is performed for	1183
remuneration solely by way of commission;	1184

(ii) As a home worker performing work, according to	1185
specifications furnished by the employer for whom the services are	1186
performed, on materials or goods furnished by such employer which	1187
are required to be returned to the employer or to a person	1188
designated for that purpose.	1189

(h) Service performed after December 31, 1971:

1190

(i) In the employ of a church or convention or association of	1191
churches, or in an organization which is operated primarily for	1192
religious purposes and which is operated, supervised, controlled,	1193
or principally supported by a church or convention or association	1194
of churches;	1195

(ii) By a duly ordained, commissioned, or licensed minister	1196
of a church in the exercise of the individual's ministry or by a	1197
member of a religious order in the exercise of duties required by	1198
such order; or	1199

(iii) In a facility conducted for the purpose of carrying out	1200
a program of rehabilitation for individuals whose earning capacity	1201
is impaired by age or physical or mental deficiency or injury, or	1202
providing remunerative work for individuals who because of their	1203
impaired physical or mental capacity cannot be readily absorbed in	1204
the competitive labor market, by an individual receiving such	1205
rehabilitation or remunerative work;	1206

(i) Service performed after June 30, 1939, with respect to	1207
which unemployment compensation is payable under the "Railroad	1208
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	1209

(j) Service performed by an individual in the employ of any	1210
organization exempt from income tax under section 501 of the	1211
"Internal Revenue Code of 1954," if the remuneration for such	1212
service does not exceed fifty dollars in any calendar quarter, or	1213
if such service is in connection with the collection of dues or	1214
premiums for a fraternal beneficial society, order, or association	1215
and is performed away from the home office or is ritualistic	1216
service in connection with any such society, order, or	1217
association;	1218

(k) Casual labor not in the course of an employer's trade or	1219
business; incidental service performed by an officer, appraiser,	1220
or member of a finance committee of a bank, building and loan	1221
association, savings and loan association, or savings association	1222
when the remuneration for such incidental service exclusive of the	1223
amount paid or allotted for directors' fees does not exceed sixty	1224
dollars per calendar quarter is casual labor;	1225

(l) Service performed in the employ of a voluntary employees'	1226
beneficial association providing for the payment of life,	1227
sickness, accident, or other benefits to the members of such	1228
association or their dependents or their designated beneficiaries,	1229
if admission to a membership in such association is limited to	1230
individuals who are officers or employees of a municipal or public	1231
corporation, of a political subdivision of the state, or of the	1232
United States and no part of the net earnings of such association	1233
inures, other than through such payments, to the benefit of any	1234
private shareholder or individual;	1235

(m) Service performed by an individual in the employ of a	1236
foreign government, including service as a consular or other	1237
officer or employee or of a nondiplomatic representative;	1238

(n) Service performed in the employ of an instrumentality	1239
wholly owned by a foreign government if the service is of a	1240
character similar to that performed in foreign countries by	1241
employees of the United States or of an instrumentality thereof	1242
and if the director finds that the secretary of state of the	1243
United States has certified to the secretary of the treasury of	1244
the United States that the foreign government, with respect to	1245
whose instrumentality exemption is claimed, grants an equivalent	1246
exemption with respect to similar service performed in the foreign	1247
country by employees of the United States and of instrumentalities	1248
thereof;	1249

(o) Service with respect to which unemployment compensation	1250
is payable under an unemployment compensation system established	1251
by an act of congress;	1252

(p) Service performed as a student nurse in the employ of a	1253
hospital or a nurses' training school by an individual who is	1254
enrolled and is regularly attending classes in a nurses' training	1255
school chartered or approved pursuant to state law, and service	1256
performed as an intern in the employ of a hospital by an	1257
individual who has completed a four years' course in a medical	1258
school chartered or approved pursuant to state law;	1259

(q) Service performed by an individual under the age of	1260
eighteen in the delivery or distribution of newspapers or shopping	1261
news, not including delivery or distribution to any point for	1262
subsequent delivery or distribution;	1263

(r) Service performed in the employ of the United States or	1264
an instrumentality of the United States immune under the	1265
Constitution of the United States from the contributions imposed	1266
by this chapter, except that to the extent that congress permits	1267
states to require any instrumentalities of the United States to	1268
make payments into an unemployment fund under a state unemployment	1269
compensation act, this chapter shall be applicable to such	1270
instrumentalities and to services performed for such	1271
instrumentalities in the same manner, to the same extent, and on	1272
the same terms as to all other employers, individuals, and	1273
services, provided that if this state is not certified for any	1274
year by the proper agency of the United States under section 3304	1275
of the "Internal Revenue Code of 1954," the payments required of	1276
such instrumentalities with respect to such year shall be refunded	1277
by the director from the fund in the same manner and within the	1278
same period as is provided in division (E) of section 4141.09 of	1279
the Revised Code with respect to contributions erroneously	1280
collected;	1281

(s) Service performed by an individual as a member of a band	1282
or orchestra, provided such service does not represent the	1283
principal occupation of such individual, and which service is not	1284
subject to or required to be covered for full tax credit against	1285
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	1286
183 (1939), 26 U.S.C.A. 3301 to 3311.	1287

(t) Service performed in the employ of a day camp whose	1288
camping season does not exceed twelve weeks in any calendar year,	1289
and which service is not subject to the "Federal Unemployment Tax	1290
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	1291
performed after December 31, 1971:	1292

(i) In the employ of a hospital, if the service is performed	1293
by a patient of the hospital, as defined in division (W) of this	1294
section;	1295

(ii) For a prison or other correctional institution by an	1296
inmate of the prison or correctional institution;	1297

(iii) Service performed after December 31, 1977, by an inmate	1298
of a custodial institution operated by the state, a political	1299
subdivision, or a nonprofit organization.	1300

(u) Service that is performed by a nonresident alien	1301
individual for the period the individual temporarily is present in	1302
the United States as a nonimmigrant under division (F), (J), (M),	1303
or (Q) of section 101(a)(15) of the "Immigration and Nationality	1304
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	1305
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	1306
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	1307

(v) Notwithstanding any other provisions of division (B)(3)	1308
of this section, services that are excluded under divisions	1309
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	1310
from employment when performed for a nonprofit organization, as	1311
defined in division (X) of this section, or for this state or its	1312
instrumentalities, or for a political subdivision or its	1313
instrumentalities or for Indian tribes;	1314

(w) Service that is performed by an individual working as an	1315
election official or election worker if the amount of remuneration	1316
received by the individual during the calendar year for services	1317
as an election official or election worker is less than one	1318
thousand dollars;	1319

(x) Service performed for an elementary or secondary school	1320
that is operated primarily for religious purposes, that is	1321
described in subsection 501(c)(3) and exempt from federal income	1322
taxation under subsection 501(a) of the Internal Revenue Code, 26	1323
U.S.C.A. 501;	1324

(y) Service performed by a person committed to a penal	1325
institution.	1326

(z) Service performed for an Indian tribe as described in	1327
division (B)(2)(l) of this section when performed in any of the	1328
following manners:	1329

(i) As a publicly elected official;

1330

(ii) As a member of an Indian tribal council;

1331

(iii) As a member of a legislative or judiciary body;

1332

(iv) In a position which, pursuant to Indian tribal law, is	1333
designated as a major nontenured policymaking or advisory	1334
position, or a policymaking or advisory position where the	1335
performance of the duties ordinarily does not require more than	1336
eight hours of time per week;	1337

(v) As an employee serving on a temporary basis in the case	1338
of a fire, storm, snow, earthquake, flood, or similar emergency.	1339

(aa) Service performed after December 31, 1971, for a	1340
nonprofit organization, this state or its instrumentalities, a	1341
political subdivision or its instrumentalities, or an Indian tribe	1342
as part of an unemployment work-relief or work-training program	1343
assisted or financed in whole or in part by any federal agency or	1344
an agency of a state or political subdivision, thereof, by an	1345
individual receiving the work-relief or work-training.	1346

(4) If the services performed during one half or more of any	1347
pay period by an employee for the person employing that employee	1348
constitute employment, all the services of such employee for such	1349
period shall be deemed to be employment; but if the services	1350
performed during more than one half of any such pay period by an	1351
employee for the person employing that employee do not constitute	1352
employment, then none of the services of such employee for such	1353
period shall be deemed to be employment. As used in division	1354
(B)(4) of this section, "pay period" means a period, of not more	1355
than thirty-one consecutive days, for which payment of	1356
remuneration is ordinarily made to the employee by the person	1357
employing that employee. Division (B)(4) of this section does not	1358
apply to services performed in a pay period by an employee for the	1359
person employing that employee, if any of such service is excepted	1360
by division (B)(3)(o) of this section.	1361

(C) "Benefits" means money payments payable to an individual	1362
who has established benefit rights, as provided in this chapter,	1363
for loss of remuneration due to the individual's unemployment.	1364

(D) "Benefit rights" means the weekly benefit amount and the	1365
maximum benefit amount that may become payable to an individual	1366
within the individual's benefit year as determined by the	1367
director.	1368

(E) "Claim for benefits" means a claim for waiting period or	1369
benefits for a designated week.	1370

(F) "Additional claim" means the first claim for benefits	1371
filed following any separation from employment during a benefit	1372
year; "continued claim" means any claim other than the first claim	1373
for benefits and other than an additional claim.	1374

(G)(1) "Wages" means remuneration paid to an employee by each	1375
of the employee's employers with respect to employment; except	1376
that wages shall not include that part of remuneration paid during	1377
any calendar year to an individual by an employer or such	1378
employer's predecessor in interest in the same business or	1379
enterprise, which in any calendar year is in excess of eight	1380
thousand two hundred fifty dollars on and after January 1, 1992;	1381
eight thousand five hundred dollars on and after January 1, 1993;	1382
eight thousand seven hundred fifty dollars on and after January 1,	1383
1994; and nine thousand dollars on and after January 1, 1995.	1384
Remuneration in excess of such amounts shall be deemed wages	1385
subject to contribution to the same extent that such remuneration	1386
is defined as wages under the "Federal Unemployment Tax Act," 84	1387
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	1388
remuneration paid an employee by an employer with respect to	1389
employment in another state, upon which contributions were	1390
required and paid by such employer under the unemployment	1391
compensation act of such other state, shall be included as a part	1392
of remuneration in computing the amount specified in this	1393
division.	1394

(2) Notwithstanding division (G)(1) of this section, if, as	1395
of the computation date for any calendar year, the director	1396
determines that the level of the unemployment compensation fund is	1397
sixty per cent or more below the minimum safe level as defined in	1398
section 4141.25 of the Revised Code, then, effective the first day	1399
of January of the following calendar year, wages subject to this	1400
chapter shall not include that part of remuneration paid during	1401
any calendar year to an individual by an employer or such	1402
employer's predecessor in interest in the same business or	1403
enterprise which is in excess of nine thousand dollars. The	1404
increase in the dollar amount of wages subject to this chapter	1405
under this division shall remain in effect from the date of the	1406
director's determination pursuant to division (G)(2) of this	1407
section and thereafter notwithstanding the fact that the level in	1408
the fund may subsequently become less than sixty per cent below	1409
the minimum safe level.	1410

(H)(1) "Remuneration" means all compensation for personal	1411
services, including commissions and bonuses and the cash value of	1412
all compensation in any medium other than cash, except that in the	1413
case of agricultural or domestic service, "remuneration" includes	1414
only cash remuneration. Gratuities customarily received by an	1415
individual in the course of the individual's employment from	1416
persons other than the individual's employer and which are	1417
accounted for by such individual to the individual's employer are	1418
taxable wages.	1419

The reasonable cash value of compensation paid in any medium	1420
other than cash shall be estimated and determined in accordance	1421
with rules prescribed by the director, provided that	1422
"remuneration" does not include:	1423

(a) Payments as provided in divisions (b)(2) to (b)(16) of	1424
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	1425
26 U.S.C.A. 3301 to 3311, as amended;	1426

(b) The payment by an employer, without deduction from the	1427
remuneration of the individual in the employer's employ, of the	1428
tax imposed upon an individual in the employer's employ under	1429
section 3101 of the "Internal Revenue Code of 1954," with respect	1430
to services performed after October 1, 1941.	1431

(2) "Cash remuneration" means all remuneration paid in cash,	1432
including commissions and bonuses, but not including the cash	1433
value of all compensation in any medium other than cash.	1434

(I) "Interested party" means the director and any party to	1435
whom notice of a determination of an application for benefit	1436
rights or a claim for benefits is required to be given under	1437
section 4141.28 of the Revised Code.	1438

(J) "Annual payroll" means the total amount of wages subject	1439
to contributions during a twelve-month period ending with the last	1440
day of the second calendar quarter of any calendar year.	1441

(K) "Average annual payroll" means the average of the last	1442
three annual payrolls of an employer, provided that if, as of any	1443
computation date, the employer has had less than three annual	1444
payrolls in such three-year period, such average shall be based on	1445
the annual payrolls which the employer has had as of such date.	1446

(L)(1) "Contributions" means the money payments to the state	1447
unemployment compensation fund required of employers by section	1448
4141.25 of the Revised Code and of the state and any of its	1449
political subdivisions electing to pay contributions under section	1450
4141.242 of the Revised Code. Employers paying contributions shall	1451
be described as "contributory employers."	1452

(2) "Payments in lieu of contributions" means the money	1453
payments to the state unemployment compensation fund required of	1454
reimbursing employers under sections 4141.241 and 4141.242 of the	1455
Revised Code.	1456

(M) An individual is "totally unemployed" in any week during	1457
which the individual performs no services and with respect to such	1458
week no remuneration is payable to the individual.	1459

(N) An individual is "partially unemployed" in any week if,	1460
due to involuntary loss of work, the total remuneration payable to	1461
the individual for such week is less than the individual's weekly	1462
benefit amount.	1463

(O) "Week" means the calendar week ending at midnight	1464
Saturday unless an equivalent week of seven consecutive calendar	1465
days is prescribed by the director.	1466

(1) "Qualifying week" means any calendar week in an	1467
individual's base period with respect to which the individual	1468
earns or is paid remuneration in employment subject to this	1469
chapter. A calendar week with respect to which an individual earns	1470
remuneration but for which payment was not made within the base	1471
period, when necessary to qualify for benefit rights, may be	1472
considered to be a qualifying week. The number of qualifying weeks	1473
which may be established in a calendar quarter shall not exceed	1474
the number of calendar weeks in the quarter.	1475

(2) "Average weekly wage" means the amount obtained by	1476
dividing an individual's total remuneration for all qualifying	1477
weeks during the base period by the number of such qualifying	1478
weeks, provided that if the computation results in an amount that	1479
is not a multiple of one dollar, such amount shall be rounded to	1480
the next lower multiple of one dollar.	1481

(P) "Weekly benefit amount" means the amount of benefits an	1482
individual would be entitled to receive for one week of total	1483
unemployment.	1484

(Q)(1) "Base period" means the first four of the last five	1485
completed calendar quarters immediately preceding the first day of	1486
an individual's benefit year, except as provided in division	1487
(Q)(2) of this section.	1488

(2) If an individual does not have sufficient qualifying	1489
weeks and wages in the base period to qualify for benefit rights,	1490
the individual's base period shall be the four most recently	1491
completed calendar quarters preceding the first day of the	1492
individual's benefit year. Such base period shall be known as the	1493
"alternate base period." If information as to weeks and wages for	1494
the most recent quarter of the alternate base period is not	1495
available to the director from the regular quarterly reports of	1496
wage information, which are systematically accessible, the	1497
director may, consistent with the provisions of section 4141.28 of	1498
the Revised Code, base the determination of eligibility for	1499
benefits on the affidavit of the claimant with respect to weeks	1500
and wages for that calendar quarter. The claimant shall furnish	1501
payroll documentation, where available, in support of the	1502
affidavit. The determination based upon the alternate base period	1503
as it relates to the claimant's benefit rights, shall be amended	1504
when the quarterly report of wage information from the employer is	1505
timely received and that information causes a change in the	1506
determination. As provided in division (B) of section 4141.28 of	1507
the Revised Code, any benefits paid and charged to an employer's	1508
account, based upon a claimant's affidavit, shall be adjusted	1509
effective as of the beginning of the claimant's benefit year. No	1510
calendar quarter in a base period or alternate base period shall	1511
be used to establish a subsequent benefit year.	1512

(3) The "base period" of a combined wage claim, as described	1513
in division (H) of section 4141.43 of the Revised Code, shall be	1514
the base period prescribed by the law of the state in which the	1515
claim is allowed.	1516

(4) For purposes of determining the weeks that comprise a	1517
completed calendar quarter under this division, only those weeks	1518
ending at midnight Saturday within the calendar quarter shall be	1519
utilized.	1520

(R)(1) "Benefit year" with respect to an individual means the	1521
fifty-two week period beginning with the first day of that week	1522
with respect to which the individual first files a valid	1523
application for determination of benefit rights, and thereafter	1524
the fifty-two week period beginning with the first day of that	1525
week with respect to which the individual next files a valid	1526
application for determination of benefit rights after the	1527
termination of the individual's last preceding benefit year,	1528
except that the application shall not be considered valid unless	1529
the individual has had employment in six weeks that is subject to	1530
this chapter or the unemployment compensation act of another	1531
state, or the United States, and has, since the beginning of the	1532
individual's previous benefit year, in the employment earned three	1533
times the average weekly wage determined for the previous benefit	1534
year. The "benefit year" of a combined wage claim, as described in	1535
division (H) of section 4141.43 of the Revised Code, shall be the	1536
benefit year prescribed by the law of the state in which the claim	1537
is allowed. Any application for determination of benefit rights	1538
made in accordance with section 4141.28 of the Revised Code is	1539
valid if the individual filing such application is unemployed, has	1540
been employed by an employer or employers subject to this chapter	1541
in at least twenty qualifying weeks within the individual's base	1542
period, and has earned or been paid remuneration at an average	1543
weekly wage of not less than twenty-seven and one-half per cent of	1544
the statewide average weekly wage for such weeks. For purposes of	1545
determining whether an individual has had sufficient employment	1546
since the beginning of the individual's previous benefit year to	1547
file a valid application, "employment" means the performance of	1548
services for which remuneration is payable.	1549

(2) Effective for benefit years beginning on and after	1550
December 26, 2004, any application for determination of benefit	1551
rights made in accordance with section 4141.28 of the Revised Code	1552
is valid if the individual satisfies the criteria described in	1553
division (R)(1) of this section, and if the reason for the	1554
individual's separation from employment is not disqualifying	1555
pursuant to division (D)(2) of section 4141.29 or section 4141.291	1556
of the Revised Code. A disqualification imposed pursuant to	1557
division (D)(2) of section 4141.29 or section 4141.291 of the	1558
Revised Code must be removed as provided in those sections as a	1559
requirement of establishing a valid application for benefit years	1560
beginning on and after December 26, 2004.	1561

(3) The statewide average weekly wage shall be calculated by	1562
the director once a year based on the twelve-month period ending	1563
the thirtieth day of June, as set forth in division (B)(3) of	1564
section 4141.30 of the Revised Code, rounded down to the nearest	1565
dollar. Increases or decreases in the amount of remuneration	1566
required to have been earned or paid in order for individuals to	1567
have filed valid applications shall become effective on Sunday of	1568
the calendar week in which the first day of January occurs that	1569
follows the twelve-month period ending the thirtieth day of June	1570
upon which the calculation of the statewide average weekly wage	1571
was based.	1572

(4) As used in this division, an individual is "unemployed"	1573
if, with respect to the calendar week in which such application is	1574
filed, the individual is "partially unemployed" or "totally	1575
unemployed" as defined in this section or if, prior to filing the	1576
application, the individual was separated from the individual's	1577
most recent work for any reason which terminated the individual's	1578
employee-employer relationship, or was laid off indefinitely or	1579
for a definite period of seven or more days.	1580

(S) "Calendar quarter" means the period of three consecutive	1581
calendar months ending on the thirty-first day of March, the	1582
thirtieth day of June, the thirtieth day of September, and the	1583
thirty-first day of December, or the equivalent thereof as the	1584
director prescribes by rule.	1585

(T) "Computation date" means the first day of the third	1586
calendar quarter of any calendar year.	1587

(U) "Contribution period" means the calendar year beginning	1588
on the first day of January of any year.	1589

(V) "Agricultural labor," for the purpose of this division,	1590
means any service performed prior to January 1, 1972, which was	1591
agricultural labor as defined in this division prior to that date,	1592
and service performed after December 31, 1971:	1593

(1) On a farm, in the employ of any person, in connection	1594
with cultivating the soil, or in connection with raising or	1595
harvesting any agricultural or horticultural commodity, including	1596
the raising, shearing, feeding, caring for, training, and	1597
management of livestock, bees, poultry, and fur-bearing animals	1598
and wildlife;	1599

(2) In the employ of the owner or tenant or other operator of	1600
a farm in connection with the operation, management, conservation,	1601
improvement, or maintenance of such farm and its tools and	1602
equipment, or in salvaging timber or clearing land of brush and	1603
other debris left by hurricane, if the major part of such service	1604
is performed on a farm;	1605

(3) In connection with the production or harvesting of any	1606
commodity defined as an agricultural commodity in section 15 (g)	1607
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	1608
U.S.C. 1141j, as amended, or in connection with the ginning of	1609
cotton, or in connection with the operation or maintenance of	1610
ditches, canals, reservoirs, or waterways, not owned or operated	1611
for profit, used exclusively for supplying and storing water for	1612
farming purposes;	1613

(4) In the employ of the operator of a farm in handling,	1614
planting, drying, packing, packaging, processing, freezing,	1615
grading, storing, or delivering to storage or to market or to a	1616
carrier for transportation to market, in its unmanufactured state,	1617
any agricultural or horticultural commodity, but only if the	1618
operator produced more than one half of the commodity with respect	1619
to which such service is performed;	1620

(5) In the employ of a group of operators of farms, or a	1621
cooperative organization of which the operators are members, in	1622
the performance of service described in division (V)(4) of this	1623
section, but only if the operators produced more than one-half of	1624
the commodity with respect to which the service is performed;	1625

(6) Divisions (V)(4) and (5) of this section shall not be	1626
deemed to be applicable with respect to service performed:	1627

(a) In connection with commercial canning or commercial	1628
freezing or in connection with any agricultural or horticultural	1629
commodity after its delivery to a terminal market for distribution	1630
for consumption; or	1631

(b) On a farm operated for profit if the service is not in	1632
the course of the employer's trade or business.	1633

As used in division (V) of this section, "farm" includes	1634
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	1635
plantations, ranches, nurseries, ranges, greenhouses, or other	1636
similar structures used primarily for the raising of agricultural	1637
or horticultural commodities and orchards.	1638

(W) "Hospital" means an institution which has been registered	1639
or licensed by the Ohio department of health as a hospital.	1640

(X) "Nonprofit organization" means an organization, or group	1641
of organizations, described in section 501(c)(3) of the "Internal	1642
Revenue Code of 1954," and exempt from income tax under section	1643
501(a) of that code.	1644

(Y) "Institution of higher education" means a public or	1645
nonprofit educational institution, including an educational	1646
institution operated by an Indian tribe, which:	1647

(1) Admits as regular students only individuals having a	1648
certificate of graduation from a high school, or the recognized	1649
equivalent;	1650

(2) Is legally authorized in this state or by the Indian	1651
tribe to provide a program of education beyond high school; and	1652

(3) Provides an educational program for which it awards a	1653
bachelor's or higher degree, or provides a program which is	1654
acceptable for full credit toward such a degree, a program of	1655
post-graduate or post-doctoral studies, or a program of training	1656
to prepare students for gainful employment in a recognized	1657
occupation.	1658

For the purposes of this division, all colleges and	1659
universities in this state are institutions of higher education.	1660

(Z) For the purposes of this chapter, "states" includes the	1661
District of Columbia, the Commonwealth of Puerto Rico, and the	1662
Virgin Islands.	1663

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	1664
this section, an individual who is an alien admitted to the United	1665
States to perform service in agricultural labor pursuant to	1666
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	1667
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	1668

(BB)(1) "Crew leader" means an individual who furnishes	1669
individuals to perform agricultural labor for any other employer	1670
or farm operator, and:	1671

(a) Pays, either on the individual's own behalf or on behalf	1672
of the other employer or farm operator, the individuals so	1673
furnished by the individual for the service in agricultural labor	1674
performed by them;	1675

(b) Has not entered into a written agreement with the other	1676
employer or farm operator under which the agricultural worker is	1677
designated as in the employ of the other employer or farm	1678
operator.	1679

(2) For the purposes of this chapter, any individual who is a	1680
member of a crew furnished by a crew leader to perform service in	1681
agricultural labor for any other employer or farm operator shall	1682
be treated as an employee of the crew leader if:	1683

(a) The crew leader holds a valid certificate of registration	1684
under the "Farm Labor Contractor Registration Act of 1963," 90	1685
Stat. 2668, 7 U.S.C. 2041; or	1686

(b) Substantially all the members of the crew operate or	1687
maintain tractors, mechanized harvesting or crop-dusting	1688
equipment, or any other mechanized equipment, which is provided by	1689
the crew leader; and	1690

(c) If the individual is not in the employment of the other	1691
employer or farm operator within the meaning of division (B)(1) of	1692
this section.	1693

(3) For the purposes of this division, any individual who is	1694
furnished by a crew leader to perform service in agricultural	1695
labor for any other employer or farm operator and who is not	1696
treated as in the employment of the crew leader under division	1697
(BB)(2) of this section shall be treated as the employee of the	1698
other employer or farm operator and not of the crew leader. The	1699
other employer or farm operator shall be treated as having paid	1700
cash remuneration to the individual in an amount equal to the	1701
amount of cash remuneration paid to the individual by the crew	1702
leader, either on the crew leader's own behalf or on behalf of the	1703
other employer or farm operator, for the service in agricultural	1704
labor performed for the other employer or farm operator.	1705

(CC) "Educational institution" means an institution other	1706
than an institution of higher education as defined in division (Y)	1707
of this section, including an educational institution operated by	1708
an Indian tribe, which:	1709

(1) Offers participants, trainees, or students an organized	1710
course of study or training designed to transfer to them	1711
knowledge, skills, information, doctrines, attitudes, or abilities	1712
from, by, or under the guidance of an instructor or teacher; and	1713

(2) Is approved, chartered, or issued a permit to operate as	1714
a school by the state board of education, other government agency,	1715
or Indian tribe that is authorized within the state to approve,	1716
charter, or issue a permit for the operation of a school.	1717

For the purposes of this division, the courses of study or	1718
training which the institution offers may be academic, technical,	1719
trade, or preparation for gainful employment in a recognized	1720
occupation.	1721

(DD) "Cost savings day" means any unpaid day off from work in	1722
which employees continue to accrue employee benefits which have a	1723
determinable value including, but not limited to, vacation,	1724
pension contribution, sick time, and life and health insurance.	1725

Sec. 4175.01.  As used in this chapter:

1726

(A) "Employer" means any person, the state, any agency or	1727
instrumentality of the state, and any municipal corporation,	1728
county, township, school district, or other political subdivision	1729
or any agency or instrumentality thereof that engages an	1730
individual to perform services.	1731

(B) "Interested party" means an individual with an interest	1732
in compliance with this chapter.	1733

(C) "Labor organization" has the same meaning as in section	1734
3517.01 of the Revised Code.	1735

(D) "State agency" has the same meaning as in section 1.60 of	1736
the Revised Code.	1737

Sec. 4175.02.  (A) No employer shall fail to designate an	1738
individual who performs services for the employer as an employee	1739
pursuant to section 4175.03 of the Revised Code unless the	1740
employer satisfies the requirements specified in division (B) of	1741
that section.	1742

(B) No employer or any agent of an employer shall retaliate	1743
through discharge, or in any other manner, against any individual	1744
for exercising any rights granted under this chapter.	1745

(C) No employer shall retaliate against an individual if the	1746
individual does any of the following:	1747

(1) Makes a complaint to an employer, coworker, community	1748
organization, or to a federal or state agency or at a public	1749
hearing, stating that provisions of this chapter allegedly have	1750
been violated;	1751

(2) Causes to be instituted any proceeding under or related	1752
to this chapter;	1753

(3) Testifies or prepares to testify in an investigation or	1754
proceeding under this chapter;	1755

(4) Opposes misclassification.

1756

(D) No employer shall attempt to cause or cause an individual	1757
to waive the provisions of this chapter or to enter into a	1758
predispute waiver of the right to a trial by jury.	1759

(E) No employer shall violate a rule adopted by the director	1760
of commerce pursuant to section 4175.06 of the Revised Code.	1761

(F) No person shall require or request an individual to enter	1762
into an agreement or sign a document that results in the	1763
misclassification of the individual as an independent contractor	1764
or otherwise does not accurately reflect the individual's	1765
relationship with an employer.	1766

Sec. 4175.03.  (A) Except as otherwise provided in division	1767
(B) of this section, for purposes of sections 4113.15, 4113.16,	1768
and 4115.03 to 4115.21 and Chapters 4123. and 4141. of the Revised	1769
Code, an employer shall consider an individual who performs	1770
services for the employer to be an employee of the employer.	1771

(B) An individual who performs services for an employer is	1772
not an employee of the employer if the employer demonstrates all	1773
of the following:	1774

(1) The individual has been and will continue to be free from	1775
the control or direction of the employer during the individual's	1776
performance of the services for the employer, both pursuant to	1777
the contract of service entered into between the employer and the	1778
individual and in fact.	1779

(2) The service performed by the individual is outside the	1780
usual scope of services performed by the employer.	1781

(3) The individual is engaged in an established trade,	1782
occupation, profession, or business that is independent from the	1783
employer's occupation, profession, or business.	1784

(C) The director of commerce shall not use an employer's	1785
failure to withhold federal or state income taxes with respect to	1786
an individual or to include remuneration paid to an individual for	1787
purposes of section 4123.26 or 4141.20 of the Revised Code when	1788
making a determination under this section. In making	1789
determinations under this section, the director shall determine	1790
that an individual is an employee if the control exercised by the	1791
party paying remuneration to the individual is general in nature	1792
and is exercised directly or indirectly over the physical	1793
activities of the individual. It is not necessary for the amount	1794
of control to extend to all the details of the physical	1795
performance of the duties performed by an individual for an	1796
employer to consider the individual an employee of the employer.	1797

(D) The burden of proof is on the party asserting that an	1798
individual is not an employee.	1799

Sec. 4175.04.  The director of commerce shall enforce this	1800
chapter. The director shall hire as many investigators and other	1801
personnel as the director determines are necessary to administer	1802
and enforce this chapter. The director may adopt reasonable rules	1803
to implement and administer this chapter. These rules are exempt	1804
from section 111.15 and Chapter 119. of the Revised Code.	1805

Sec. 4175.05.  Any interested party may file a complaint with	1806
the director of commerce against an employer if the interested	1807
party reasonably believes that the entity or employer is in	1808
violation of section 4175.02 of the Revised Code. The director	1809
shall conduct investigations in connection with the administration	1810
and enforcement of this chapter. Any investigator employed by the	1811
division of labor within the department of commerce is authorized	1812
to visit and inspect, at all reasonable times, all of the offices	1813
and job sites maintained by the employer who is the subject of	1814
the complaint, and is authorized to inspect and audit, at all	1815
reasonable times, all documents necessary to determine whether an	1816
individual performing services for the employer is an employee	1817
under section 4175.03 of the Revised Code. The director may	1818
compel, by subpoena, the attendance and testimony of witnesses	1819
and the production of books, payrolls, records, papers, and other	1820
evidence in any investigation, and may administer oaths to	1821
witnesses.	1822

Sec. 4175.06.  If, after an investigation conducted pursuant	1823
to section 4175.05 of the Revised Code, an investigator employed	1824
by the division of labor within the department of commerce	1825
determines that reasonable evidence exists that an employer has	1826
violated section 4175.02 of the Revised Code, the investigator	1827
shall send a written notice to the director of commerce informing	1828
the director of the inspector's determination.	1829

Within seven days after the director receives a written	1830
report from an investigator, the director shall send a written	1831
notice to the employer who is the subject of the investigation in	1832
the same manner as prescribed in section 119.07 of the Revised	1833
Code for licensees, except that the notice shall specify that a	1834
hearing will be held and shall specify the date, time, and place	1835
of the hearing. The director shall hold a hearing regarding the	1836
alleged violation in the same manner prescribed for an	1837
adjudication hearing under section 119.09 of the Revised Code. If	1838
the director, after the hearing, determines a violation has	1839
occurred, the director may discipline the employer in accordance	1840
with section 4175.07 of the Revised Code. The director's	1841
determination is an order that the person may appeal in accordance	1842
with section 119.12 of the Revised Code. If an employer who	1843
allegedly committed a violation of section 4175.02 of the Revised	1844
Code fails to appear for a hearing, the director may request the	1845
court of common pleas of the county where the alleged violation	1846
occurred to compel the person to appear before the director for a	1847
hearing.	1848

Sec. 4175.07.  If, after a hearing held in accordance with	1849
section 4175.06 of the Revised Code, the director of commerce	1850
determines that a contractor violated section 4175.02 of the	1851
Revised Code, the director may do any of the following:	1852

(A) Issue and cause to be served on any party an order to	1853
cease and desist from further violation of that section;	1854

(B) Take affirmative or other action as considered reasonable	1855
to eliminate the effect of the violation;	1856

(C) Collect the amount of any wages, salary, employment	1857
benefits, or other compensation denied or lost to an individual	1858
because the contractor misclassified the individual;	1859

(D) Assess any civil penalty allowed under section 4175.08 or	1860
4175.09 of the Revised Code.	1861

If the director assesses a contractor a civil penalty for a	1862
violation of section 4175.02 of the Revised Code and the employer	1863
fails to pay that civil penalty within the time period prescribed	1864
by the director, the director shall forward to the attorney	1865
general the name of the employer and the amount of the civil	1866
penalty for the purpose of collecting that civil penalty. In	1867
addition to the civil penalty assessed pursuant to this section,	1868
the employer also shall pay any fee assessed by the attorney	1869
general for collection of the civil penalty. The attorney general	1870
shall bring any action for relief requested by the director in the	1871
name of the people of the state of Ohio.	1872

Sec. 4175.08.  Except as otherwise provided under section	1873
4175.09 of the Revised Code, an employer who violates section	1874
4175.02 of the Revised Code shall be subject to a civil penalty	1875
not to exceed fifteen thousand dollars for each violation the	1876
director of commerce determines has occurred based upon the first	1877
audit conducted by an investigator pursuant to section 4175.05 of	1878
the Revised Code. If, within five years after the date the	1879
director determines that a violation has occurred, as a result of	1880
a subsequent audit conducted by an investigator and a hearing held	1881
pursuant to section 4175.06 of the Revised Code the director	1882
determines that a subsequent violation has occurred, the employer	1883
shall be subject to a civil penalty not to exceed twenty-five	1884
thousand dollars for each repeat violation found by the director	1885
that occurred during that five-year period.	1886

For purposes of this section, each violation of section	1887
4175.02 of the Revised Code constitutes a separate violation for	1888
each individual involved and for each day the violation continues.	1889

The director shall base the amount of the civil penalty	1890
assessed under this section upon the director's determination of	1891
the gravity of the violations committed by the employer.	1892

Sec. 4175.09.  (A) Whoever knowingly violates section 4175.02	1893
of the Revised Code, or whoever obstructs the director of commerce	1894
or any other person authorized to inspect places of employment	1895
pursuant to section 4175.05 of the Revised Code shall be liable	1896
for penalties up to double the amount specified in section 4175.08	1897
of the Revised Code.	1898

(B) An employer who is liable under division (A) of this	1899
section because the employer knowingly violated section 4175.02	1900
of the Revised Code also shall be liable to the employee who was	1901
injured by the employer's violation for punitive damages in an	1902
amount equal to the amount of the penalties assessed against the	1903
employer pursuant to division (A) of this section.	1904

(C) The director shall impose the penalties described in	1905
divisions (A) and (B) of this section if a preponderance of the	1906
evidence demonstrates that the employer acted knowingly when	1907
committing the violation.	1908

Sec. 4175.10.  If the director of commerce determines that an	1909
alleged violation of this chapter has occurred that may result in	1910
a penalty assessed pursuant to section 4175.99 of the Revised	1911
Code, the director shall refer the matter to the attorney general,	1912
who shall prosecute the alleged violation.	1913

Sec. 4175.11.  If the director of commerce believes that any	1914
employer allegedly has violated a valid order issued by the	1915
director pursuant to section 4175.07 of the Revised Code, the	1916
director may commence an action in the court of common pleas in	1917
the county where the alleged violation has occurred and obtain	1918
from the court an order compelling the employer to obey the order	1919
of the director or be adjudged guilty of contempt of court and	1920
punished accordingly.	1921

Sec. 4175.12.  (A) An individual, interested party, or labor	1922
organization aggrieved by a violation of section 4175.02 of the	1923
Revised Code by an employer may file suit in the court of common	1924
pleas in the county where the alleged violation occurred or where	1925
any individual who is party to the action resides, without regard	1926
to exhaustion of any alternative administrative remedies provided	1927
in this chapter. An individual, interested party, or labor	1928
organization may bring an action on behalf of the individual,	1929
interested party, or labor organization or on behalf of any other	1930
individual who is similarly situated to the aggrieved individual,	1931
interested party, or labor organization. If a court or a jury in	1932
a civil action brought pursuant to this division determines that a	1933
violation of section 4175.02 of the Revised Code has occurred, the	1934
court shall award to the plaintiff all of the following:	1935

(1) The amount of any wages, salary, employment benefits, or	1936
other compensation denied or lost to an individual by reason of	1937
the violation, plus an equal amount in liquidated damages;	1938

(2) Compensatory damages and an amount up to five hundred	1939
dollars for each violation of section 4175.02 of the Revised Code;	1940

(3) In the case of a violation of division (B) or (C) of	1941
section 4175.02 of the Revised Code, all legal or equitable relief	1942
that the court determines appropriate;	1943

(4) Attorney's fees and costs.

1944

(B) An aggrieved individual, interested party, or labor	1945
organization shall bring an action under division (A) of this	1946
section not later than three years after the last day the	1947
aggrieved individual or individual for whom the interested party	1948
or labor organization is bringing the action performed services	1949
for an employer who has allegedly violated section 4175.02 of the	1950
Revised Code. The three-year period specified in this division is	1951
tolled if the employer has deterred the ability of an individual	1952
to bring an action under this section or to file a complaint	1953
under section 4175.05 of the Revised Code.	1954

(C) If the director of commerce has determined under section	1955
4175.07 of the Revised Code that an employer is subject to a	1956
civil penalty under section 4175.08 of the Revised Code for a	1957
violation of section 4175.02 of the Revised Code, an individual	1958
aggrieved by the employer's violation of section 4175.02 of the	1959
Revised Code or an interested party may bring a civil action in	1960
the court of common pleas in the county where the violation	1961
occurred to enforce that penalty. In any civil action brought	1962
pursuant to this division, the court shall award the aggrieved	1963
individual or interested party ten per cent of the amount of the	1964
penalty owed by the employer, and the remaining amount recovered	1965
shall be awarded to the director. If the employer fails to pay	1966
that civil penalty, the director shall forward to the attorney	1967
general the name of the employer and the amount of the civil	1968
penalty for the purpose of collecting that civil penalty. In	1969
addition to the civil penalty assessed pursuant to this section,	1970
the employer also shall pay any fee assessed by the attorney	1971
general for collection of the civil penalty.	1972

Sec. 4175.13.  (A) The director of commerce shall create a	1973
summary of the requirements of this chapter in English and	1974
Spanish.	1975

(B) If an employer engages an individual to perform services	1976
and that individual is not considered an employee pursuant to	1977
section 4175.03 of the Revised Code, that employer shall post and	1978
keep posted, in a conspicuous place on each job site where that	1979
individual performs services and in each of the employer's	1980
offices, the notice prepared by the director pursuant to division	1981
(A) of this section. The director shall furnish copies of the	1982
notice without charge to an employer upon request.	1983

Sec. 4175.14.  The director of commerce shall create a list	1984
of employers who have committed multiple violations of section	1985
4175.02 of the Revised Code. The director shall add an employer's	1986
name to the list if, during the five-year period beginning on the	1987
date of an earlier determination by the director that the	1988
employer has committed a violation of that section, the director	1989
determines that the employer has committed a subsequent violation	1990
of that section. The list shall include the name of the employer	1991
and the date that the employer committed the employer's most	1992
recent violation. The director shall notify an employer that the	1993
employer will be added to this list within five days after the	1994
director determines that the employer will be added to the list.	1995
The director shall publish the list on the web site maintained by	1996
the department of commerce. No state agency shall enter into a	1997
contract with an employer included in that list for a period of	1998
four years after the date of the employer's most recent employer	1999
violation.	2000

Sec. 4175.15.  The director of commerce, director of job and	2001
family services, the tax commissioner, and the administrator of	2002
workers' compensation shall share information concerning any	2003
suspected misclassification by an employer or entity of one or	2004
more of the contractor's employees as independent contractors in	2005
violation of section 4175.02 of the Revised Code. Upon	2006
determining that an employer has misclassified an employee as an	2007
independent contractor in violation of division (A) of that	2008
section, the director of commerce shall notify the director of	2009
job and family services, the tax commissioner, the auditor of	2010
state, and the administrator of workers' compensation, each of	2011
whom shall determine whether the employer's violation of section	2012
4175.02 of the Revised Code results in the employer not complying	2013
with the requirements of section 4113.15 and Chapters 4111.,	2014
4115., 4121., 4123., 4127., 4131., 4141., and 5747. of the	2015
Revised Code, as applicable.	2016

Sec. 4175.16.  There is hereby created in the state treasury	2017
the employee classification fund. The director of commerce shall	2018
deposit all moneys the director receives under this chapter,	2019
including civil penalties, into the fund. The director shall use	2020
the fund for the administration, investigation, and other expenses	2021
incurred in carrying out the director's powers and duties under	2022
this chapter. If, at the end of a fiscal year, the director	2023
determines that excess moneys exist in the fund, the director	2024
shall coordinate with the director of budget and management to	2025
transfer the excess funds to the division of administration fund	2026
created under section 121.08 of the Revised Code.	2027

Sec. 4175.99.  (A) An employer or entity that knowingly	2028
violates section 4175.02 of the Revised Code, for the first	2029
offense, is guilty of a misdemeanor of the fourth degree, and for	2030
any subsequent offense committed within a five-year period	2031
beginning on the date the first offense was committed, the	2032
employer or entity is guilty of a felony of the fifth degree.	2033

(B) Whoever violates division (D) of section 4175.02 of the	2034
Revised Code is guilty of a misdemeanor of the fourth degree.	2035

Section 2.  That existing sections 121.083, 4111.14, 4113.15,	2036
4115.03, 4123.01, and 4141.01 of the Revised Code are hereby	2037
repealed.	2038