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OH HB338
Bill
Status
11/6/2013
Primary Sponsor
Ross McGregor
Click for details
AI Summary
HB 338 Summary
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Establishes a test to determine employee status for individuals providing services to motor transportation companies transporting property, who operate licensed and registered vehicles.
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An individual is NOT considered an employee if they meet ALL essential factors (vehicle ownership/lease, vehicle maintenance responsibility, personal service operation) AND at least three of six nonessential factors (compensation based on work performed, control of service means/manner, written independent contractor agreement, operating cost responsibility, services available to general public, profit/loss potential).
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Applies the employee classification test to Ohio's Overtime Law (4111.03), Workers' Compensation Law (4121.01 and 4123.01), and Unemployment Compensation Law (4141.01).
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Includes provisions for small business paperwork violations waiver and gift card expiration requirements.
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Does not apply to claims or causes of action pending under these chapters on the effective date of the act.
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.
Motor transport company-provide service to- test to determine if employee
Last Action
To Commerce, Labor and Technology
11/6/2013