Regards employment under Ohio's overtime and minimum wage laws

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 624

2025-2026

Representative McNally

Cosponsor: Representative
Piccolantonio

A
BILL

To
amend sections 4111.03 and 4111.14

and to enact section 4111.20

of the Revised Code
regarding
the distinction between employees and independent contractors under
Ohio's overtime and minimum wage laws.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4111.03 and 4111.14

be amended and section 4111.20

of the Revised Code be
enacted

to
read as follows:

Sec.
4111.03.
(A)
Except as provided in section 4111.031 of the Revised Code, an
employer shall pay an employee for overtime at a wage rate of one and
one-half times the employee's wage rate for hours worked in excess of
forty hours in one workweek, in the manner and methods provided in
and subject to the exemptions of section 7 and section 13 of the
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29
U.S.C.A. 207, 213, as amended, and, effective beginning on
the
effective date of this amendment
July
6, 2022
,
sections 2 and 4 of the "Portal to Portal Act of 1947," 29
U.S.C. 252 and 254.

Any
employee employed in agriculture shall not be covered by the overtime
provision of this section.

A
motor carrier may elect to apply the overtime provision of this
section to an individual who is excluded from the provision under
division (D)(3)(i) of this section.

(B)
If a county employee or township employee elects to take compensatory
time off in lieu of overtime pay, for any overtime worked,
compensatory time may be granted by the employee's administrative
superior, on a time and one-half basis, at a time mutually convenient
to the employee and the administrative superior within one hundred
eighty days after the overtime is worked.

(C)
A township appointing authority or a county appointing authority with
the exception of the county department of job and family services
may, by rule or resolution as is appropriate, indicate the
authority's intention not to be bound by division (B) of this
section, and to adopt a different policy for the calculation and
payment of overtime than that established by that division. Upon
adoption, the alternative overtime policy prevails. Prior to the
adoption of an alternative overtime policy, a township appointing
authority or a county appointing authority with the exception of the
county department of job and family services shall give a written
notice of the alternative policy to each employee at least ten days
prior to its effective date.

(D)
As used in this section and section 4111.031 of the Revised Code:

(1)
"Employ" means to suffer or to permit to work.

(2)
"Employer" means the state of Ohio, its instrumentalities,
and its political subdivisions and their instrumentalities, any
individual, partnership, association, corporation, business trust, or
any person or group of persons, acting in the interest of an employer
in relation to an employee, but does not include either of the
following:

(a)
An employer whose annual gross volume of sales made for business done
is less than one hundred fifty thousand dollars, exclusive of excise
taxes at the retail level which are separately stated;

(b)
A franchisor with respect to the franchisor's relationship with a
franchisee or an employee of a franchisee, unless the franchisor
agrees to assume that role in writing or a court of competent
jurisdiction determines that the franchisor exercises a type or
degree of control over the franchisee or the franchisee's employees
that is not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademark, brand, or both. For purposes
of this division, "franchisor" and "franchisee"
have the same meanings as in 16 C.F.R. 436.1.

(3)
"Employee" means any individual employed by an employer
as
determined in accordance with the standards established in section
4111.20 of the Revised Code,
but
does not include:

(a)
Any individual employed by the United States;

(b)
Any individual employed as a baby-sitter in the employer's home, or a
live-in companion to a sick, convalescing, or elderly person whose
principal duties do not include housekeeping;

(c)
Any individual engaged in the delivery of newspapers to the consumer;

(d)
Any individual employed as an outside salesperson compensated by
commissions or employed in a bona fide executive, administrative, or
professional capacity as such terms are defined by the "Fair
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as
amended;

(e)
Any individual who works or provides personal services of a
charitable nature in a hospital or health institution for which
compensation is not sought or contemplated;

(f)
A member of a police or fire protection agency or student employed on
a part-time or seasonal basis by a political subdivision of this
state;

(g)
Any individual in the employ of a camp or recreational area for
children under eighteen years of age and owned and operated by a
nonprofit organization or group of organizations described in Section
501(c)(3) of the "Internal Revenue Code of 1954," and
exempt from income tax under Section 501(a) of that code;

(h)
Any individual employed directly by the house of representatives or
directly by the senate;

(i)
An individual who operates a vehicle or vessel in the performance of
services for or on behalf of a motor carrier transporting property
and to whom all of the following factors apply:

(i)
The individual owns the vehicle or vessel that is used in performing
the services for or on behalf of the carrier, or the individual
leases the vehicle or vessel under a bona fide lease agreement that
is not a temporary replacement lease agreement. For purposes of this
division, a bona fide lease agreement does not include an agreement
between the individual and the motor carrier transporting property
for which, or on whose behalf, the individual provides services.

(ii)
The individual is responsible for supplying the necessary personal
services to operate the vehicle or vessel used to provide the
service.

(iii)
The compensation paid to the individual is based on factors related
to work performed, including on a mileage-based rate or a percentage
of any schedule of rates, and not solely on the basis of the hours or
time expended.

(iv)
The individual substantially controls the means and manner of
performing the services, in conformance with regulatory requirements
and specifications of the shipper.

(v)
The individual enters into a written contract with the carrier for
whom the individual is performing the services that describes the
relationship between the individual and the carrier to be that of an
independent contractor and not that of an employee.

(vi)
The individual is responsible for substantially all of the principal
operating costs of the vehicle or vessel and equipment used to
provide the services, including maintenance, fuel, repairs, supplies,
vehicle or vessel insurance, and personal expenses, except that the
individual may be paid by the carrier the carrier's fuel surcharge
and incidental costs, including tolls, permits, and lumper fees.

(vii)
The individual is responsible for any economic loss or economic gain
from the arrangement with the carrier.

(4)
"Motor carrier" has the same meaning as in section 4923.01
of the Revised Code.

Sec.
4111.14.
(A)
Pursuant to the general assembly's authority to establish a minimum
wage under Section 34 of Article II, Ohio Constitution, this section
is in implementation of Section 34a of Article II, Ohio Constitution.
In implementing Section 34a of Article II, Ohio Constitution, the
general assembly hereby finds that the purpose of Section 34a of
Article II, Ohio Constitution, is to:

(1)
Ensure that Ohio employees, as defined in division (B)(1) of this
section, are paid the wage rate required by Section 34a of Article
II, Ohio Constitution;

(2)
Ensure that covered Ohio employers maintain certain records that are
directly related to the enforcement of the wage rate requirements in
Section 34a of Article II, Ohio Constitution;

(3)
Ensure that Ohio employees who are paid the wage rate required by
Section 34a of Article II, Ohio Constitution, may enforce their right
to receive that wage rate in the manner set forth in Section 34a of
Article II, Ohio Constitution; and

(4)
Protect the privacy of Ohio employees' pay and personal information
specified in Section 34a of Article II, Ohio Constitution, by
restricting an employee's access, and access by a person acting on
behalf of that employee, to the employee's own pay and personal
information.

(B)
In accordance with Section 34a of Article II, Ohio Constitution, the
terms "employer," "employee," "employ,"

and

"person
,
"

and
"independent contractor"
have
the same meanings as in the "Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29 U.S.C. 203, as amended. In construing the meaning
of these terms, due consideration and great weight shall be given to
the United States department of labor's and federal courts'
interpretations of those terms under the Fair Labor Standards Act and
its regulations. As used in division (B) of this section:

(1)
"Employee" means individuals employed in Ohio, but does not
mean individuals who are excluded from the definition of "employee"
under 29 U.S.C. 203(e) or individuals who are exempted from the
minimum wage requirements in 29 U.S.C. 213 and from the definition of
"employee" in this chapter.

(2)
"Employ" and "employee" do not include any person
acting as a volunteer. In construing who is a volunteer, "volunteer"
shall have the same meaning as in sections 553.101 to 553.106 of
Title 29 of the Code of Federal Regulations, as amended, and due
consideration and great weight shall be given to the United States
department of labor's and federal courts' interpretations of the term
"volunteer" under the Fair Labor Standards Act and its
regulations.

(3)

"Employee"
does not include any person acting as an independent contractor as
determined in accordance with the standards established in section
4111.20 of the Revised Code.

(4)

"Employer"
does not include a franchisor with respect to the franchisor's
relationship with a franchisee or an employee of a franchisee, unless
the franchisor agrees to assume that role in writing or a court of
competent jurisdiction determines that the franchisor exercises a
type or degree of control over the franchisee or the franchisee's
employees that is not customarily exercised by a franchisor for the
purpose of protecting the franchisor's trademark, brand, or both. For
purposes of this division, "franchisor" and "franchisee"
have the same meanings as in 16 C.F.R. 436.1.

(4)

(5)

Subject
to division
(B)(5)

(B)(6)

of
this section, "employee" does not include an individual who
operates a vehicle or vessel in the performance of services for or on
behalf of a motor carrier transporting property and to whom all of
the following factors apply:

(a)
The individual owns the vehicle or vessel that is used in performing
the services for or on behalf of the carrier, or the individual
leases the vehicle or vessel under a bona fide lease agreement that
is not a temporary replacement lease agreement. For purposes of this
division, a bona fide lease agreement does not include an agreement
between the individual and the motor carrier transporting property
for which, or on whose behalf, the individual provides services.

(b)
The individual is responsible for supplying the necessary personal
services to operate the vehicle or vessel used to provide the
service.

(c)
The compensation paid to the individual is based on factors related
to work performed, including on a mileage-based rate or a percentage
of any schedule of rates, and not solely on the basis of the hours or
time expended.

(d)
The individual substantially controls the means and manner of
performing the services, in conformance with regulatory requirements
and specifications of the shipper.

(e)
The individual enters into a written contract with the carrier for
whom the individual is performing the services that describes the
relationship between the individual and the carrier to be that of an
independent contractor and not that of an employee.

(f)
The individual is responsible for substantially all of the principal
operating costs of the vehicle or vessel and equipment used to
provide the services, including maintenance, fuel, repairs, supplies,
vehicle or vessel insurance, and personal expenses, except that the
individual may be paid by the carrier the carrier's fuel surcharge
and incidental costs, including tolls, permits, and lumper fees.

(g)
The individual is responsible for any economic loss or economic gain
from the arrangement with the carrier.

(5)

(6)

A
motor carrier may elect to consider an individual described in
division
(B)(4)

(B)(5)

of
this section as an employee for purposes of this section.

(6)

(7)

"Motor
carrier" has the same meaning as in section 4923.01 of the
Revised Code.

(C)
In accordance with Section 34a of Article II, Ohio Constitution, the
state may issue licenses to employers authorizing payment of a wage
below that required by Section 34a of Article II, Ohio Constitution,
to individuals with mental or physical disabilities that may
otherwise adversely affect their opportunity for employment. In
issuing such licenses, the state shall abide by the rules adopted
pursuant to section 4111.06 of the Revised Code.

(D)(1)
In accordance with Section 34a of Article II, Ohio Constitution,
individuals employed in or about the property of an employer or an
individual's residence on a casual basis are not included within the
coverage of Section 34a of Article II, Ohio Constitution. As used in
division (D) of this section:

(a)
"Casual basis" means employment that is irregular or
intermittent and that is not performed by an individual whose
vocation is to be employed in or about the property of the employer
or individual's residence. In construing who is employed on a "casual
basis," due consideration and great weight shall be given to the
United States department of labor's and federal courts'
interpretations of the term "casual basis" under the Fair
Labor Standards Act and its regulations.

(b)
"An individual employed in or about the property of an employer
or individual's residence" means an individual employed on a
casual basis or an individual employed in or about a residence on a
casual basis, respectively.

(2)
In accordance with Section 34a of Article II, Ohio Constitution,
employees of a solely family-owned and operated business who are
family members of an owner are not included within the coverage of
Section 34a of Article II, Ohio Constitution. As used in division
(D)(2) of this section, "family member" means a parent,
spouse, child, stepchild, sibling, grandparent, grandchild, or other
member of an owner's immediate family.

(E)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall at the time of hire provide an employee with the
employer's name, address, telephone number, and other contact
information and update such information when it changes. As used in
division (E) of this section:

(1)
"Other contact information" may include, where applicable,
the address of the employer's internet site on the world wide web,
the employer's electronic mail address, fax number, or the name,
address, and telephone number of the employer's statutory agent.
"Other contact information" does not include the name,
address, telephone number, fax number, internet site address, or
electronic mail address of any employee, shareholder, officer,
director, supervisor, manager, or other individual employed by or
associated with an employer.

(2)
"When it changes" means that the employer shall provide its
employees with the change in its name, address, telephone number, or
other contact information within sixty business days after the change
occurs. The employer shall provide the changed information by using
any of its usual methods of communicating with its employees,
including, but not limited to, listing the change on the employer's
internet site on the world wide web, internal computer network, or a
bulletin board where it commonly posts employee communications or by
insertion or inclusion with employees' paychecks or pay stubs.

(F)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall maintain a record of the name, address, occupation,
pay rate, hours worked for each day worked, and each amount paid an
employee for a period of not less than three years following the last
date the employee was employed by that employer. As used in division
(F) of this section:

(1)
"Address" means an employee's home address as maintained in
the employer's personnel file or personnel database for that
employee.

(2)(a)
With respect to employees who are not exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay
rate" means an employee's base rate of pay.

(b)
With respect to employees who are exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay
rate" means an employee's annual base salary or other rate of
pay by which the particular employee qualifies for that exemption
under the Fair Labor Standards Act or this chapter, but does not
include bonuses, stock options, incentives, deferred compensation, or
any other similar form of compensation.

(3)
"Record" means the name, address, occupation, pay rate,
hours worked for each day worked, and each amount paid an employee in
one or more documents, databases, or other paper or electronic forms
of record-keeping maintained by an employer. No one particular method
or form of maintaining such a record or records is required under
this division. An employer is not required to create or maintain a
single record containing only the employee's name, address,
occupation, pay rate, hours worked for each day worked, and each
amount paid an employee. An employer shall maintain a record or
records from which the employee or person acting on behalf of that
employee could reasonably review the information requested by the
employee or person.

An
employer is not required to maintain the records specified in
division (F)(3) of this section for any period before January 1,
2007. On and after January 1, 2007, the employer shall maintain the
records required by division (F)(3) of this section for three years
from the date the hours were worked by the employee and for three
years after the date the employee's employment ends.

(4)(a)
Except for individuals specified in division (F)(4)(b) of this
section, "hours worked for each day worked" means the total
amount of time worked by an employee in whatever increments the
employer uses for its payroll purposes during a day worked by the
employee. An employer is not required to keep a record of the time of
day an employee begins and ends work on any given day. As used in
division (F)(4) of this section, "day" means a fixed period
of twenty-four consecutive hours during which an employee performs
work for an employer.

(b)
An employer is not required to keep records of "hours worked for
each day worked" for individuals for whom the employer is not
required to keep those records under the Fair Labor Standards Act and
its regulations or individuals who are not subject to the overtime
pay requirements specified in section 4111.03 of the Revised Code.

(5)
"Each amount paid an employee" means the total gross wages
paid to an employee for each pay period. As used in division (F)(5)
of this section, "pay period" means the period of time
designated by an employer to pay an employee the employee's gross
wages in accordance with the employer's payroll practices under
section 4113.15 of the Revised Code.

(G)
In accordance with Section 34a of Article II, Ohio Constitution, an
employer must provide such information without charge to an employee
or person acting on behalf of an employee upon request. As used in
division (G) of this section:

(1)
"Such information" means the name, address, occupation, pay
rate, hours worked for each day worked, and each amount paid for the
specific employee who has requested that specific employee's own
information and does not include the name, address, occupation, pay
rate, hours worked for each day worked, or each amount paid of any
other employee of the employer. "Such information" does not
include hours worked for each day worked by individuals for whom an
employer is not required to keep that information under the Fair
Labor Standards Act and its regulations or individuals who are not
subject to the overtime pay requirements specified in section 4111.03
of the Revised Code.

(2)
"Acting on behalf of an employee" means a person acting on
behalf of an employee as any of the following:

(a)
The certified or legally recognized collective bargaining
representative for that employee under the applicable federal law or
Chapter 4117. of the Revised Code;

(b)
The employee's attorney;

(c)
The employee's parent, guardian, or legal custodian.

A
person "acting on behalf of an employee" must be
specifically authorized by an employee in order to make a request for
that employee's own name, address, occupation, pay rate, hours worked
for each day worked, and each amount paid to that employee.

(3)
"Provide" means that an employer shall provide the
requested information within thirty business days after the date the
employer receives the request, unless either of the following occurs:

(a)
The employer and the employee or person acting on behalf of the
employee agree to some alternative time period for providing the
information.

(b)
The thirty-day period would cause a hardship on the employer under
the circumstances, in which case the employer must provide the
requested information as soon as practicable.

(4)
A "request" made by an employee or a person acting on
behalf of an employee means a request by an employee or a person
acting on behalf of an employee for the employee's own information.
The employer may require that the employee provide the employer with
a written request that has been signed by the employee and notarized
and that reasonably specifies the particular information being
requested. The employer may require that the person acting on behalf
of an employee provide the employer with a written request that has
been signed by the employee whose information is being requested and
notarized and that reasonably specifies the particular information
being requested.

(H)
In accordance with Section 34a of Article II, Ohio Constitution, an
employee, person acting on behalf of one or more employees, and any
other interested party may file a complaint with the state for a
violation of any provision of Section 34a of Article II, Ohio
Constitution, or any law or regulation implementing its provisions.
Such complaint shall be promptly investigated and resolved by the
state. The employee's name shall be kept confidential unless
disclosure is necessary to resolution of a complaint and the employee
consents to disclosure. As used in division (H) of this section:

(1)
"Complaint" means a complaint of an alleged violation
pertaining to harm suffered by the employee filing the complaint, by
a person acting on behalf of one or more employees, or by an
interested party.

(2)
"Acting on behalf of one or more employees" has the same
meaning as "acting on behalf of an employee" in division
(G)(2) of this section. Each employee must provide a separate written
and notarized authorization before the person acting on that
employee's or those employees' behalf may request the name, address,
occupation, pay rate, hours worked for each day worked, and each
amount paid for the particular employee.

(3)
"Interested party" means a party who alleges to be injured
by the alleged violation and who has standing to file a complaint
under common law principles of standing.

(4)
"Resolved by the state" means that the complaint has been
resolved to the satisfaction of the state.

(5)
"Shall be kept confidential" means that the state shall
keep the name of the employee confidential as required by division
(H) of this section.

(I)
In accordance with Section 34a of Article II, Ohio Constitution, the
state may on its own initiative investigate an employer's compliance
with Section 34a of Article II, Ohio Constitution, and any law or
regulation implementing Section 34a of Article II, Ohio Constitution.
The employer shall make available to the state any records related to
such investigation and other information required for enforcement of
Section 34a of Article II, Ohio Constitution or any law or regulation
implementing Section 34a of Article II, Ohio Constitution. The state
shall investigate an employer's compliance with this section in
accordance with the procedures described in section 4111.04 of the
Revised Code. All records and information related to investigations
by the state are confidential and are not a public record subject to
section 149.43 of the Revised Code. This division does not prevent
the state from releasing to or exchanging with other state and
federal wage and hour regulatory authorities information related to
investigations.

(J)
In accordance with Section 34a of Article II, Ohio Constitution,
damages shall be calculated as an additional two times the amount of
the back wages and in the case of a violation of an anti-retaliation
provision an amount set by the state or court sufficient to
compensate the employee and deter future violations, but not less
than one hundred fifty dollars for each day that the violation
continued. The "not less than one hundred fifty dollar"
penalty specified in division (J) of this section shall be imposed
only for violations of the anti-retaliation provision in Section 34a
of Article II, Ohio Constitution.

(K)
In accordance with Section 34a of Article II, Ohio Constitution, an
action for equitable and monetary relief may be brought against an
employer by the attorney general and/or an employee or person acting
on behalf of an employee or all similarly situated employees in any
court of competent jurisdiction, including the court of common pleas
of an employee's county of residence, for any violation of Section
34a of Article II, Ohio Constitution, or any law or regulation
implementing its provisions within three years of the violation or of
when the violation ceased if it was of a continuing nature, or within
one year after notification to the employee of final disposition by
the state of a complaint for the same violation, whichever is later.

(1)
As used in division (K) of this section, "notification"
means the date on which the notice was sent to the employee by the
state.

(2)
No employee shall join as a party plaintiff in any civil action that
is brought under division (K) of this section by an employee, person
acting on behalf of an employee, or person acting on behalf of all
similarly situated employees unless that employee first gives written
consent to become such a party plaintiff and that consent is filed
with the court in which the action is brought.

(3)
A civil action regarding an alleged violation of this section shall
be maintained only under division (K) of this section. This division
does not preclude the joinder in a single civil action of an action
under this division and an action under section 4111.10 of the
Revised Code.

(4)
Any agreement between an employee and employer to work for less than
the wage rate specified in Section 34a of Article II, Ohio
Constitution, is no defense to an action under this section.

(L)
In accordance with Section 34a of Article II, Ohio Constitution,
there shall be no exhaustion requirement, no procedural, pleading, or
burden of proof requirements beyond those that apply generally to
civil suits in order to maintain such action and no liability for
costs or attorney's fees on an employee except upon a finding that
such action was frivolous in accordance with the same standards that
apply generally in civil suits. Nothing in division (L) of this
section affects the right of an employer and employee to agree to
submit a dispute under this section to alternative dispute
resolution, including, but not limited to, arbitration, in lieu of
maintaining the civil suit specified in division (K) of this section.
Nothing in this division limits the state's ability to investigate or
enforce this section.

(M)
An employer who provides such information specified in Section 34a of
Article II, Ohio Constitution, shall be immune from any civil
liability for injury, death, or loss to person or property that
otherwise might be incurred or imposed as a result of providing that
information to an employee or person acting on behalf of an employee
in response to a request by the employee or person, and the employer
shall not be subject to the provisions of Chapters 1347. and 1349. of
the Revised Code to the extent that such provisions would otherwise
apply. As used in division (M) of this section, "such
information," "acting on behalf of an employee," and
"request" have the same meanings as in division (G) of this
section.

(N)
As used in this section, "the state" means the director of
commerce.

Sec.
4111.20.
(A)
For purposes of Ohio Constitution, Article II, Section 34a and
sections 4111.02 and 4111.03 of the Revised Code, an individual is an
independent contractor if the individual is, as a matter of economic
reality, in business for the individual's self and is not
economically dependent on a potential employer. Economic dependence
shall be determined in accordance with the standards in division (B)
of this section. The amount of income an individual earns and the
individual's other sources of income shall not be considered.

(B)
In determining whether an individual is an employee or an independent
contractor, all of the following factors shall be considered:

(1)
Whether the individual has opportunities for profit or loss based on
managerial skill, including initiative or business acumen or
judgment, affecting the individual's economic success or failure in
performing the work;

(2)
Whether any investments by the individual are capital or
entrepreneurial in nature;

(3)
Whether the work relationship is indefinite in duration, continuous,
or exclusive of work for other employers;

(4)
Whether the potential employer retains or reserves control over the
performance of the work and the economic aspects of the working
relationship;

(5)
Whether the individual's work is critical, necessary, or central to
the potential employer's principal business, which does not depend on
whether any individual in particular is an integral part of the
business, but rather whether the function the individual performs is
an integral part of the business;

(6)
Whether the individual uses specialized skills to perform the work
and whether those skills contribute to the individual's business-like
initiative;

(7)
Whether there are other factors indicating the individual is in
business for the individual's self as opposed to being economically
dependent on the potential employer for work.

(C)(1)
For purposes of division (B)(1) of this section, factors relevant to
an individual's opportunities for profit or loss affecting the
individual's economic success or failure include all of the
following:

(a)
Whether the individual determines or can meaningfully negotiate the
amount paid for the work the individual performs;

(b)
Whether the individual accepts or declines jobs or chooses the order
or time in which the jobs are performed;

(c)
Whether the individual engages in marketing, advertising, or other
efforts to expand the individual's business or secure additional
work;

(d)
Whether the individual makes decisions to hire others, purchase
materials and equipment, or rent space.

(2)
For purposes of division (B)(2) of this section, investments that are
capital or entrepreneurial in nature include investments that
increase the individual's ability to do more or different types of
work, reduce the individual's costs, or extend the individual's
market reach. Costs to an individual for tools and equipment to
perform a specific job and costs the potential employer imposes
unilaterally on the individual are not evidence of capital or
entrepreneurial investment.

(3)
For purposes of division (B)(3) of this section, work of a seasonal
or temporary nature is not, by itself, indicative of independent
contractor status, unless the individual is exercising the
individual's own independent business initiative.

(4)
For purposes of division (B)(4) of this section, actions taken by the
potential employer for the sole purpose of complying with specific,
applicable federal or state laws or local ordinances are not
indicative of control. Factors relevant to whether an employer
retains or reserves control over the performance of an individual's
work and the economic aspects of the working relationship include:

(a)
Whether the potential employer sets the individual's schedule,
supervises the performance of the work, or explicitly limits the
individual's ability to work for others;

(b)
Whether the potential employer uses technological means to supervise
the performance of the work, reserves the right to supervise or
discipline, restricts the individual's ability to work for others, or
limits the individual's ability to work at times chosen by the
individual;

(c)
Whether the potential employer controls the economic aspects of the
working relationship, including controlling prices, rates, and
marketing for the individual's services or products.

(D)
No single factor listed in division (B) of this section is
dispositive. The weight given each factor varies depending on the
facts and circumstances of each particular relationship.

Section
2.
That
existing sections 4111.03 and 4111.14 of the Revised Code are hereby
repealed.