Chapter 4141-3 Employment
(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 belowin 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.
(A) "Temporary services agency" means any employer which employs staff to perform services on a temporary basis for a third party and receives a fee for providing such services.
(B) Individuals provided by temporary service agencies to third parties to perform services under agreement between such third parties and temporary services agencies are in employment with the temporary service agencies until separated from employment with such temporary service agencies.
R.C. 119.032 review dates: 03/01/2007 and 03/01/2012
Promulgated Under: 4141.14
Statutory Authority: 4141.13(A)
Prior Effective Dates: 12/30/91
(A) For the purposes of Chapter 4141. of the Revised Code, "employee leasing company" means any entity that, as part of its trade or business, provides individuals to unrelated third party clients to perform services on a permanent basis and derives revenue or otherwise benefits from providing such individuals.
(B) "Unrelated third party clients" are entities unrelated to, or not sharing common ownership, management or control with, the employee leasing company, and to which individuals are provided by the employee leasing company to perform services on a permanent basis.
(C) Individuals provided by an employee leasing company to perform services for its clients may be determined to be in employment with the employee leasing company if it is established that:
(1) There is a written agreement between the client and the employee leasing company that, by its terms, indicates the employee leasing company has the right to exercise direction or control over the performance of services by such individuals; and
(2) Remuneration is received from the employee leasing company by the individuals for services performed.
Direction or control may be evidenced as provided by paragraph (B) of rule 4141-3-05 of the Administrative Code.
Sole proprietors, corporate officers, limited liability company officers, members of limited liability companies that serve as managers, and general partners in general and limited partnerships serving client entities may not be determined to be under the direction or control of the employee leasing company providing individuals to perform services to such client.