Current through all regulations passed and filed through September 16, 2024
(A) Except as specifically provided in
division (B)(2)(k) of section
4141.01 and section
4141.39 of the Revised Code, a
worker is in employment when an "employer-employee" relationship exists between
the worker and the person for whom the individual performs services and the
director determines that:
(1) The person for
whom services are performed has the right to direct or control the performance
of such services; and
(2)
Remuneration is received by the worker for services performed.
(B) As an aid to determining
whether there is sufficient direction or control present, the common law rules
identify twenty factors or elements. When present, each of these factors serves
to indicate some degree of direction or control. The degree of importance of
each factor varies depending on the occupation and the factual context in which
the services are performed. The twenty factors set forth in paragraphs (B)(1)
to (B)(20) of this rule are designed only as guides for determining whether
sufficient direction or control exists and must be considered in totality:
(1) The worker is required to comply with the
instructions of the person for whom services are being performed, regarding
when, where, and how the worker is to perform the services;
(2) The person for whom services are being
performed requires particular training for the worker performing
services;
(3) The services provided
are part of the regular business of the person for whom services are being
performed;
(4) The person for whom
services are being performed requires that services be provided by a particular
worker;
(5) The person for whom
services are being performed hires, supervises or pays the wages of the worker
performing services;
(6) A
continuing relationship exists between the person for whom services are being
performed and the worker performing services that contemplates continuing or
recurring work, even if not full time;
(7) The person for whom services are being
performed requires set hours during which services are to be
performed;
(8) The person for whom
services are being performed requires the worker to devote himself or herself
full time to the business of the person for whom services are being
performed;
(9) The person for whom
services are being performed requires that work be performed on its
premises;
(10) The person for whom
services are being performed requires that the worker follow the order of work
set by the person for whom services are being performed;
(11) The person for whom services are being
performed requires the worker to make oral or written progress
reports;
(12) The person for whom
services are being performed pays the worker on a regular basis such as hourly,
weekly or monthly;
(13) The person
for whom services are being performed pays expenses for the worker performing
services;
(14) The person for whom
services are being performed furnishes tools, instrumentalities, and other
materials for use by the worker in performing services;
(15) There is a lack of investment by the
worker in the facilities used to perform services;
(16) There is a lack of profit or loss to the
worker performing services as a result of the performance of such
services;
(17) The worker
performing services is not performing services for a number of persons at the
same time;
(18) The worker
performing services does not make such services available to the general
public;
(19) The person for whom
services are being performed has a right to discharge the worker performing
services;
(20) The worker
performing services has the right to end the relationship with the person for
whom services are being performed without incurring liability pursuant to an
employment contract or agreement.
The director shall make a determination, based on the factors
listed in this rule, as to whether or not an employment relationship exists for
purposes of Chapter 4141. of the Revised Code.
