Current through all regulations passed and filed through December 16, 2024
(A) Federal law at
42 U.S.C.
653a (4/21/2012) requires the implementation
of a new hire reporting program in each state to accomplish the purpose of
locating parents, establishing paternity, and establishing and enforcing
support obligations of parents. This rule and its supplemental rules describe
the Ohio new hire reporting program.
(B) The following definitions shall be used
in this rule and its supplemental rules.
(1)
"Contractor" means an individual who provides services to an employer as an
independent contractor for compensation that is reported as income other than
wages and who is an individual, the sole shareholder of a corporation, or the
sole member of a limited liability company. "Contractor" does not include any
of the following:
(a) An individual
performing intelligence or counterintelligence functions for a state agency if
the head of the agency has determined that reporting pursuant to this section
could endanger the safety of the individual or compromise an ongoing
investigation or intelligence mission;
(b) A professionally licensed person who is
providing services to the employer under that license; or
(c) An individual who will receive for the
services provided under the contract compensation of less than two thousand
five hundred dollars per year.
(2) "Employee" means an individual who is
employed to provide services to an employer for compensation that is reported
as income from wages. "Employee" does not include an individual performing
intelligence or counterintelligence functions for a state agency, if the head
of the agency has determined that reporting pursuant to this paragraph could
endanger the safety of the employee or compromise an ongoing investigation or
intelligence mission.
(3)
"Employer" means any person or government entity other than the federal
government for which an individual performs any service, of whatever nature, as
the employee or contractor of such person, except that:
(a) If the person for whom the individual
performs services does not have control of the payment of compensation for the
services, employer means the person having control of the payment of the
compensation.
(b) In the case of a
person paying compensation on behalf of a nonresident alien individual, foreign
partnership, or foreign corporation not engaged in trade or business within the
United States, "employer" means the person paying the compensation.
(c) In the case of compensation paid to a
contractor, "employer" does not include any person or entity that lacks a
federal employer identification number.
(4) "Newly hired employee" means an employee
who:
(a) Has not previously
been employed by the employer; or
(b) Was previously employed by the employer
but has been separated from such prior employment for at least sixty
consecutive days.
(5)
"Professionally licensed person" has the same meaning as in section
2925.01
of the Revised Code.
(C)
The new hire reports required by this rule and its supplemental rules shall not
be considered public records for purposes of section
149.43
of the Revised Code. Ohio department of job and family services (ODJFS) may
disclose information in the new hire reports
to any entity as
described in sections
3121.898
and
3121.899
of the Revised Code.
