(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 in 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.
Five Year Review (FYR) Dates: 7/13/2022 and 07/13/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 07/13/2022
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.01(B)
Prior Effective Dates: 12/30/1991, 01/15/2001, 01/01/2006,
07/27/2018