Chapter 4141-5 Excluded Employment and Services

4141-5-02 Domestic service.

"Domestic employer" means an employer who employs domestic workers and meets the requirements specified in division (A)(1)(c) of section 4141.01 of the Revised Code. "Domestic worker" means an individual who performs services for a domestic employer in a private household, local college club, or local chapter of a college fraternity or sorority. Such services include, but are not limited to, those rendered by cooks, maids, butlers, valets, paid companions, babysitters, gardeners, yard workers, janitors, grooms, and chauffeurs of automobiles for family use. Service performed by a domestic worker for a domestic employer is covered in accordance with the provisions of division (B)(2)(c) of section 4141.01 of the Revised Code. Service performed by a domestic worker for an employer who does not meet the provisions of division (A)(1)(c) of section 4141.01 of the Revised Code is not domestic service.

R.C. 119.032 review dates: 05/20/2013 and 05/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13(A)
Rule Amplifies: 4141.01(A) , 4141.01(B)
Prior Effective Dates: 1/1/74, 7/3/86, 12/30/91

4141-5-03 Family relationships.

For the purposes of division (B)(3)(f) of section 4141.01 of the Revised Code:

(A) The services performed by an individual for a partnership will be excluded only if the relationship of each partner to the worker meets the requirements of division (B)(3)(f) of section 4141.01 of the Revised Code.

(B) The services performed by an individual for a corporation cannot be excluded under division (B)(3)(f) of section 4141.01 of the Revised Code, even if the corporation is family owned.

R.C. 119.032 review dates: 09/24/2012 and 09/01/2017
Promulgated Under: 4141.14
Statutory Authority: 4141.13(A)
Rule Amplifies: 4141.01(B)(3)(f)
Prior Effective Dates: 01/01/74, 6/23/86

4141-5-04 Determination of excluded employment.

Each individual or organization seeking to be excluded from liability as an employer must submit a report to determine liability on a form provided by the director. The director will rule in writing whether there is liability. Any change in the character, purpose, or method of operation of such an individual or organization shall be reported immediately to the director by the individual or organization in order that the effect of any such change upon liability may be determined.

R.C. 119.032 review dates: 09/28/2005 and 09/28/2010

Promulgated Under: 4141.14

Statutory Authority: 4141.13(A)

Rule Amplifies: 4141.01(B)(3)

Prior Effective Dates: 1/1/74, 7/3/86, 12/30/91, 1/15/01

4141-5-05 Work relief or work training program exclusion.

(A) "Employment" does not include service performed for a nonprofit organization, this state or its instrumentalities, a political subdivision or its instrumentalities, or an Indian tribe as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training.

(B) In order for services to be excluded from employment under an unemployment work-relief program that is financed or assisted in whole or in part by any federal agency or an agency of a state or a political subdivision of a state, such program must have as a minimum the following characteristics:

(1) The employer-employee relationship is based more on the participants' and communities' needs than normal economic considerations such as increased demand or the filling of a bona fide job vacancy;

(2) Qualifications for the jobs take into account as indispensable factors the economic status, i.e., the standing conferred by income and assets, of applicants; and

(3) The products or services are secondary to providing financial assistance, training, or work-experience to individuals to relieve them of their unemployment or poverty or to reduce their dependence upon various measures of relief, even though the work may be meaningful or serve a useful public purpose.

(C) In order for services to be excluded from employment under an unemployment work-training program that is financed or assisted in whole or in part by any federal agency or an agency of a state or a political subdivision of a state, such program must have as a minimum the following characteristics:

(1) The employer-employee relationship is based more on the participants' and communities' needs than normal economic considerations such as increased demand or the filling of a bona fide job vacancy; and

(2) The products or services are secondary to providing financial assistance, training, or work-experience to individuals to relieve them of their unemployment or poverty or to reduce their dependence upon various measures of relief, even though the work may be meaningful or serve a useful public purpose.

(D) Such an unemployment work-relief or work-training program must also have one or more of the following characteristics:

(1) The wages, hours, and conditions of work are not commensurate with those prevailing in the locality for similar work;

(2) The jobs did not, or rarely did, exist before the program began (other than under similar programs) and there is little likelihood they will be continued when the program is discontinued;

(3) The services furnished, if any, are in the public interest and are not otherwise provided by the employer or its contractors;

(4) The jobs do not displace regularly employed workers or impair existing contracts for services.

R.C. 119.032 review dates: 09/25/2013 and 09/01/2018
Promulgated Under: 4141.14
Statutory Authority: 4141.13(A)
Rule Amplifies: 4141.01(B)
Prior Effective Dates: 5/1/93

4141-5-06 Major nontenured policymaking or advisory positions.

(A) For the purposes of division (B)(3)(c)(v) of section 4141.01 of the Revised Code, an individual is deemed to be in a "major nontenured policymaking or advisory position" when the following factors are met:

(1) The individual serves:

(a) In a position designated under section 121.03 or 121.05 of the Revised Code; or

(b) As a member of the board or commission to which the individual was appointed by the governor subject to the advice and consent of the senate;

(2) The individual is not in the classified service of the state.

(B) Only individuals meeting all of the factors in this rule may be determined to be in a "major nontenured policymaking or advisory position." If the director determines that all of the factors in this rule have not been met, then the individual shall be determined to be in employment for purposes of Chapter 4141. of the Revised Code.

R.C. 119.032 review dates: 09/24/2012 and 09/01/2017
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.01(B)(3)(c)(v)
Prior Effective Dates: 6/01/94, 1/15/01