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OH SB195
Bill
Status
10/27/2009
Primary Sponsor
Thomas Patton
Click for details
AI Summary
Summary of S.B. 195
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Creates uniform employee classification standard: Establishes a new Chapter 4175 defining when individuals performing services must be classified as employees rather than independent contractors, applying a three-factor test requiring the director of commerce to determine employment status based on control, scope of work, and independent business status.
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Modifies existing labor law definitions: Amends sections 4111.14, 4113.15, 4115.03, 4123.01, and 4141.01 to reference the new employee classification factors, making the standard uniform across wage and hour, workers' compensation, and unemployment compensation laws.
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Establishes enforcement and penalties: Gives the director of commerce authority to investigate misclassification complaints, conduct audits, hold hearings, and impose civil penalties up to $15,000 for first violations and $25,000 for repeat violations within five years, with doubled penalties for knowing violations.
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Provides private right of action: Allows individuals and labor organizations to file civil lawsuits for misclassification and recover denied wages, liquidated damages, compensatory damages up to $500 per violation, and attorney's fees without exhausting administrative remedies.
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Includes protections and coordination: Prohibits employer retaliation, requires notice postings, mandates inter-agency information sharing, bars waiver of rights, and creates a state registry of employers with multiple violations that bars them from state contracts for four years.
Legislative Description
To create a uniform standard to determine whether an individual performing services for an employer is an employee of that employer.
Uniform standard for determining whether person performing services is an employee
Last Action
To Insurance, Commerce, & Labor
10/27/2009