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OH HB522
Bill
Status
4/19/2012
Primary Sponsor
Ross McGregor
Click for details
AI Summary
HB 522 Summary
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Establishes a test to classify individuals providing services for motor transportation companies transporting property as independent contractors rather than employees if a majority of seven specified factors apply (vehicle ownership, maintenance responsibility, operating cost responsibility, personal service provision, compensation based on work performed, control over service means/manner, and written independent contractor agreement).
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Applies the independent contractor classification test across Ohio's Overtime (4111.03), Workers' Compensation (4121.01 and 4123.01), and Unemployment Compensation (4141.01) laws to create uniform treatment of motor transportation workers.
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Defines "motor transportation company" by reference to section 4921.02 of the Revised Code and specifies that individuals operating licensed cars, vans, trucks, tractors, or truck-tractors are subject to this employment classification test.
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Modifies the definition of "employee" in multiple statutory chapters to exclude motor transportation workers meeting the majority-of-factors test, allowing them to be classified as independent contractors for purposes of overtime, workers' compensation, and unemployment benefits.
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Includes provisions in section 119.14 establishing small business paperwork violation penalties and procedures, with exemptions for violations involving public health/safety risks, federal compliance requirements, and tax matters.
Legislative Description
To establish a test to determine whether an individual providing services for or on behalf of certain motor transportation companies is considered an employee under Ohio's Overtime, Workers' Compensation, and Unemployment Compensation Laws.
Social insurance-establish test-a motor transport employee?
Last Action
To Commerce and Labor
4/19/2012