As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 522

Representative McGregor 

Cosponsors: Representatives Beck, Ruhl, Stebelton 

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A BILL

To amend sections 119.14, 1349.61, 4111.03, 4121.01,

1

4123.01, and 4141.01 of the Revised Code to

2

establish a test to determine whether an

3

individual providing services for or on behalf of

4

certain motor transportation companies is

5

considered an employee under Ohio's Overtime,

6

Workers' Compensation, and Unemployment

7

Compensation Laws.

8

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

Section 1.  That sections 119.14, 1349.61, 4111.03, 4121.01,	9
4123.01, and 4141.01 of the Revised Code be amended to read as	10
follows:	11

Sec. 119.14.  (A) For any small business that engages in a	12
paperwork violation, the state agency or regulatory authority that	13
regulates the field of operation in which the business operates	14
shall waive any and all administrative fines or civil penalties on	15
that small business for the violation, if the paperwork violation	16
is a first-time offense.	17

(B) When an agency or regulatory authority waives an	18
administrative fine or civil penalty under this section, the state	19
agency or regulatory authority shall require the small business to	20
correct the violation within a reasonable period of time.	21

(C) Notwithstanding this section, a state agency or	22
regulatory authority may impose administrative fines or civil	23
penalties on a small business for a paperwork violation that is a	24
first-time offense for any of the following reasons:	25

(1) The violation has the potential to cause serious harm to	26
the public interest as determined by a state agency or regulatory	27
authority director;	28

(2) The violation involves a small business knowingly or	29
willfully engaging in conduct that may result in a felony	30
conviction;	31

(3) Failure to impose an administrative fine or civil penalty	32
for the violation would impede or interfere with the detection of	33
criminal activity;	34

(4) The violation is of a law concerning the assessment or	35
collection of any tax, debt, revenue, or receipt;	36

(5) The violation presents a direct danger to the public	37
health or safety, results in a financial loss to an employee as	38
defined in section 4111.03 of the Revised Code, or presents the	39
risk of severe environmental harm, as determined by the head of	40
the agency or regulatory authority;	41

(6) The violation is a failure to comply with a federal	42
requirement for a program that has been delegated from the federal	43
government to a state agency or regulatory authority and where the	44
federal requirement includes a requirement to impose a fine.	45

(D)(1) Nothing in this section shall prohibit a state agency	46
or regulatory authority from waiving administrative fines or civil	47
penalties incurred by a small business for a paperwork violation	48
that is not a first-time offense.	49

(2) Any administrative fine or civil penalty that is waived	50
under this section, may be reinstated and imposed in addition to	51
any additional fines or penalties associated with a subsequent	52
violation for noncompliance with the same paperwork requirement.	53

(E) This section shall not apply to any violation by a small	54
business of a statutory or regulatory requirement mandating the	55
collection of information by a state agency or regulatory body if	56
that small business previously violated any such requirement	57
mandating the collection of information.	58

(F) Nothing in this section shall be construed to diminish	59
the responsibility for any citizen or business to apply for and	60
obtain a permit, license, or authorizing document that is required	61
to engage in a regulated activity, or otherwise comply with state	62
or federal law.	63

(G) As used in this section:

64

(1) "Small business" has the same meaning as defined by the	65
Code of Federal Regulations, Title 13, Chapter 1, Part 121.	66

(2) "Paperwork violation" means the violation of any	67
statutory or regulatory requirement in the Revised Code mandating	68
the collection of information by a state agency or regulatory	69
body.	70

(3) "First-time offense" means the first instance of a	71
violation of the particular statutory or regulatory requirement	72
mandating the collection of information by a state agency or	73
regulatory body.	74

(4) "Employee" means any individual employed by an employer	75
but does not include:	76

(a) Any individual employed by the United States;

77

(b) Any individual employed as a babysitter in the employer's	78
home, or a live-in companion to a sick, convalescing, or elderly	79
person whose principal duties do not include housekeeping;	80

(c) Any individual engaged in the delivery of newspapers to	81
the consumer;	82

(d) Any individual employed as an outside salesperson	83
compensated by commissions or employed in a bona fide executive,	84
administrative, or professional capacity as such terms are defined	85
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	86
U.S.C. 201, as amended;	87

(e) Any individual who works or provides personal services of	88
a charitable nature in a hospital or health institution for which	89
compensation is not sought or contemplated;	90

(f) A member of a police or fire protection agency or student	91
employed on a part-time or seasonal basis by a political	92
subdivision of this state;	93

(g) Any individual in the employ of a camp or recreational	94
area for children under eighteen years of age and owned and	95
operated by a nonprofit organization or group of organizations	96
described in section 501(c)(3) of the "Internal Revenue Code of	97
1954," and exempt from income tax under section 501(a) of that	98
code;	99

(h) Any individual employed directly by the house of	100
representatives or directly by the senate.	101

Sec. 1349.61.  (A)(1) Subject to division (C) of this	102
section, no person or entity shall sell a gift card to a purchaser	103
containing an expiration date that is less than two years after	104
the date the gift card is issued.	105

(2) No person or entity, within two years after a gift card	106
is issued, shall charge service charges or fees relative to that	107
gift card, including dormancy fees, latency fees, or	108
administrative fees, that have the effect of reducing the total	109
amount for which the holder of the gift card may redeem the gift	110
card.	111

(B) A gift card sold without an expiration date is valid	112
until redeemed or replaced with a new gift card.	113

(C) Division (A) of this section does not apply to any of the	114
following gift cards:	115

(1) A gift card that is distributed by the issuer to a	116
consumer pursuant to an awards, loyalty, or promotional program	117
without any money or anything of value being given in exchange for	118
the gift card by the consumer;	119

(2) A gift card that is sold below face value at a volume	120
discount to employers or to nonprofit and charitable organizations	121
for fundraising purposes, if the expiration date on that gift card	122
is not more than thirty days after the date of sale;	123

(3) A gift card that is sold by a nonprofit or charitable	124
organization for fundraising purposes;	125

(4) A gift card that an employer gives to an employee if use	126
of the gift card is limited to the employer's business	127
establishment, which may include a group of merchants that are	128
affiliated with that business establishment;	129

(5) A gift certificate issued in accordance with section	130
1533.131 of the Revised Code that may be used to obtain hunting	131
and fishing licenses, fur taker, special deer, and special wild	132
turkey permits, and wetlands habitat stamps;	133

(6) A gift card that is usable with multiple, unaffiliated	134
sellers of goods or services;	135

(7) A gift card that an employer issues to an employee in	136
recognition of services performed by the employee.	137

(D) Whoever violates division (A)(2) of this section is	138
liable to the holder for any amount that the redemption value of	139
the gift card was reduced, any court costs incurred, and	140
reasonable attorney's fees.	141

(E) As used in this section:

142

(1) "Gift card" means a certificate, electronic card, or	143
other medium issued by a merchant that evidences the giving of	144
consideration in exchange for the right to redeem the certificate,	145
electronic card, or other medium for goods, food, services,	146
credit, or money of at least an equal value, including any	147
electronic card issued by a merchant with a monetary value where	148
the issuer has received payment for the full monetary value for	149
the future purchase or delivery of goods or services and any	150
certificate issued by a merchant where the issuer has received	151
payment for the full monetary face value of the certificate for	152
the future purchase or delivery of goods and services. "Gift card"	153
does not include a prepaid calling card used to make telephone	154
calls.	155

(2) "Employer" and "employee" havehas the same meanings	156
meaning as in section 4121.01 of the Revised Code.	157

(3) "Employee" means every person who may be required or	158
directed by any employer, in consideration of direct or indirect	159
gain or profit, to engage in any employment, or to go, or work, or	160
be at any time in any place of employment.	161

Sec. 4111.03.  (A) An employer shall pay an employee for	162
overtime at a wage rate of one and one-half times the employee's	163
wage rate for hours worked in excess of forty hours in one	164
workweek, in the manner and methods provided in and subject to the	165
exemptions of section 7 and section 13 of the "Fair Labor	166
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as	167
amended.	168

Any employee employed in agriculture shall not be covered by	169
the overtime provision of this section.	170

(B) If a county employee elects to take compensatory time off	171
in lieu of overtime pay, for any overtime worked, compensatory	172
time may be granted by the employee's administrative superior, on	173
a time and one-half basis, at a time mutually convenient to the	174
employee and the administrative superior within one hundred eighty	175
days after the overtime is worked.	176

(C) A county appointing authority with the exception of the	177
county department of job and family services may, by rule or	178
resolution as is appropriate, indicate the authority's intention	179
not to be bound by division (B) of this section, and to adopt a	180
different policy for the calculation and payment of overtime than	181
that established by that division. Upon adoption, the alternative	182
overtime policy prevails. Prior to the adoption of an alternative	183
overtime policy, a county appointing authority with the exception	184
of the county department of job and family services shall give a	185
written notice of the alternative policy to each employee at least	186
ten days prior to its effective date.	187

(D) As used in this section:

188

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

189

(2) "Employer" means the state of Ohio, its	190
instrumentalities, and its political subdivisions and their	191
instrumentalities, any individual, partnership, association,	192
corporation, business trust, or any person or group of persons,	193
acting in the interest of an employer in relation to an employee,	194
but does not include an employer whose annual gross volume of	195
sales made for business done is less than one hundred fifty	196
thousand dollars, exclusive of excise taxes at the retail level	197
which are separately stated.	198

(3) "Employee" means any individual employed by an employer	199
but does not include:	200

(a) Any individual employed by the United States;

201

(b) Any individual employed as a baby-sitterbabysitter in	202
the employer's home, or a live-in companion to a sick,	203
convalescing, or elderly person whose principal duties do not	204
include housekeeping;	205

(c) Any individual engaged in the delivery of newspapers to	206
the consumer;	207

(d) Any individual employed as an outside salesperson	208
compensated by commissions or employed in a bona fide executive,	209
administrative, or professional capacity as such terms are defined	210
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	211
U.S.C.A. 201, as amended;	212

(e) Any individual who works or provides personal services of	213
a charitable nature in a hospital or health institution for which	214
compensation is not sought or contemplated;	215

(f) A member of a police or fire protection agency or student	216
employed on a part-time or seasonal basis by a political	217
subdivision of this state;	218

(g) Any individual in the employ of a camp or recreational	219
area for children under eighteen years of age and owned and	220
operated by a nonprofit organization or group of organizations	221
described in Section 501(c)(3) of the "Internal Revenue Code of	222
1954," and exempt from income tax under Section 501(a) of that	223
code;	224

(h) Any individual employed directly by the house of	225
representatives or directly by the senate;	226

(i) An individual who provides services for or on behalf of a	227
motor transportation company transporting property; who is an	228
operator of a car, van, truck, tractor, or truck-tractor that is	229
licensed and registered under Chapter 4503. of the Revised Code or	230
a similar law of another state; and to whom the majority of the	231
following factors apply:	232

(i) The individual owns the vehicle used to provide the	233
service or holds it under a bona fide lease arrangement.	234

(ii) The individual is responsible for the maintenance of the	235
vehicle used to provide the service.	236

(iii) The individual is responsible for the operating costs	237
of the vehicle used to provide the service, including fuel,	238
repairs, supplies, vehicle insurance, and personal expenses,	239
except that the individual may be paid the carrier's fuel	240
surcharge and incidental costs, including tolls, permits, and	241
lumper fees.	242

(iv) The individual is responsible for supplying the	243
necessary personal services to operate the vehicle used to provide	244
the service.	245

(v) The compensation paid to the individual is based on	246
factors related to work performed, including a percentage of any	247
schedule of rates, and not on the basis of the hours or time	248
expended.	249

(vi) The individual substantially controls the means and	250
manner of performing the services, in conformance with regulatory	251
requirements and specifications of the shipper.	252

(vii) The individual enters into a written contract that	253
describes the relationship between the individual and the company	254
for whom the individual is performing the service to be that of an	255
independent contractor and not that of an employee.	256

(4) "Motor transportation company" has the same meaning as in	257
section 4921.02 of the Revised Code.	258

Sec. 4121.01.  (A) As used in sections 4121.01 to 4121.29 of	259
the Revised Code:	260

(1) "Place of employment" means every place, whether indoors	261
or out, or underground, and the premises appurtenant thereto,	262
where either temporarily or permanently any industry, trade, or	263
business is carried on, or where any process or operation,	264
directly or indirectly related to any industry, trade, or	265
business, is carried on and where any person is directly or	266
indirectly employed by another for direct or indirect gain or	267
profit, but does not include any place where persons are employed	268
in private domestic service or agricultural pursuits which do not	269
involve the use of mechanical power.	270

(2) "Employment" means any trade, occupation, or process of	271
manufacture or any method of carrying on such trade, occupation,	272
or process of manufacture in which any person may be engaged,	273
except in such private domestic service or agricultural pursuits	274
as do not involve the use of mechanical power.	275

(3) "Employer" means every person, firm, corporation, agent,	276
manager, representative, or other person having control or custody	277
of any employment, place of employment, or employee.	278

(4)(a) "Employee" means everya person who may be required or	279
directed by any employer, in consideration of direct or indirect	280
gain or profit, to engage in any employment, or to go, or work, or	281
be at any time in any place of employment.	282

(b) "Employee" does not include a person who provides	283
services for or on behalf of a motor transportation company	284
transporting property; who is an operator of a car, van, truck,	285
tractor, or truck-tractor that is licensed and registered under	286
Chapter 4503. of the Revised Code or a similar law of another	287
state; and to whom the majority of the following factors apply:	288

(i) The person owns the vehicle used to provide the service	289
or holds it under a bona fide lease arrangement.	290

(ii) The person is responsible for the maintenance of the	291
vehicle used to provide the service.	292

(iii) The person is responsible for the operating costs of	293
the vehicle used to provide the service, including fuel, repairs,	294
supplies, vehicle insurance, and personal expenses, except that	295
the person may be paid the carrier's fuel surcharge and incidental	296
costs, including tolls, permits, and lumper fees.	297

(iv) The person is responsible for supplying the necessary	298
personal services to operate the vehicle used to provide the	299
service.	300

(v) The compensation paid to the person is based on factors	301
related to work performed, including a percentage of any schedule	302
of rates, and not on the basis of the hours or time expended.	303

(vi) The person substantially controls the means and manner	304
of performing the services, in conformance with regulatory	305
requirements and specifications of the shipper.	306

(vii) The person enters into a written contract that	307
describes the relationship between the person and the company for	308
whom the person is performing the service to be that of an	309
independent contractor and not that of an employee.	310

(5) "Frequenter" means every person, other than an employee,	311
who may go in or be in a place of employment under circumstances	312
which render the person other than a trespasser.	313

(6) "Deputy" means any person employed by the industrial	314
commission or the bureau of workers' compensation, designated as a	315
deputy by the commission or the administrator of workers'	316
compensation, who possesses special, technical, scientific,	317
managerial, professional, or personal abilities or qualities in	318
matters within the jurisdiction of the commission or the bureau,	319
and who may be engaged in the performance of duties under the	320
direction of the commission or the bureau calling for the exercise	321
of such abilities or qualities.	322

(7) "Order" means any decision, rule, regulation, direction,	323
requirement, or standard, or any other determination or decision	324
that the bureau is empowered to and does make.	325

(8) "General order" means an order that applies generally	326
throughout the state to all persons, employments, or places of	327
employment, or all persons, employments, or places of employment	328
of a class under the jurisdiction of the bureau. All other orders	329
shall be considered special orders.	330

(9) "Local order" means any ordinance, order, rule, or	331
determination of the legislative authority of any municipal	332
corporation, or any trustees, or board or officers of any	333
municipal corporation upon any matter over which the bureau has	334
jurisdiction.	335

(10) "Welfare" means comfort, decency, and moral well-being.

336

(11) "Safe" or "safety," as applied to any employment or a	337
place of employment, means such freedom from danger to the life,	338
health, safety, or welfare of employees or frequenters as the	339
nature of the employment will reasonably permit, including	340
requirements as to the hours of labor with relation to the health	341
and welfare of employees.	342

(12) "Employee organization" means any labor or bona fide	343
organization in which employees participate and that exists for	344
the purpose, in whole or in part, of dealing with employers	345
concerning grievances, labor disputes, wages, hours, terms, and	346
other conditions of employment.	347

(13) "Motor transportation company" has the same meaning as	348
in section 4921.02 of the Revised Code.	349

(B) As used in the Revised Code:

350

(1) "Industrial commission" means the chairperson of the	351
three-member industrial commission created pursuant to section	352
4121.02 of the Revised Code when the context refers to the	353
authority vested in the chairperson as the chief executive officer	354
of the three-member industrial commission pursuant to divisions	355
(A), (B), (C), and (D) of section 4121.03 of the Revised Code.	356

(2) "Industrial commission" means the three-member industrial	357
commission created pursuant to section 4121.02 of the Revised Code	358
when the context refers to the authority vested in the	359
three-member industrial commission pursuant to division (E) of	360
section 4121.03 of the Revised Code.	361

(3) "Industrial commission" means the industrial commission	362
as a state agency when the context refers to the authority vested	363
in the industrial commission as a state agency.	364

Sec. 4123.01.  As used in this chapter:

365

(A)(1) "Employee" means:

366

(a) Every person in the service of the state, or of any	367
county, municipal corporation, township, or school district	368
therein, including regular members of lawfully constituted police	369
and fire departments of municipal corporations and townships,	370
whether paid or volunteer, and wherever serving within the state	371
or on temporary assignment outside thereof, and executive officers	372
of boards of education, under any appointment or contract of hire,	373
express or implied, oral or written, including any elected	374
official of the state, or of any county, municipal corporation, or	375
township, or members of boards of education.	376

As used in division (A)(1)(a) of this section, the term	377
"employee" includes the following persons when responding to an	378
inherently dangerous situation that calls for an immediate	379
response on the part of the person, regardless of whether the	380
person is within the limits of the jurisdiction of the person's	381
regular employment or voluntary service when responding, on the	382
condition that the person responds to the situation as the person	383
otherwise would if the person were on duty in the person's	384
jurisdiction:	385

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	386
of this section, "peace officer" has the same meaning as in	387
section 2935.01 of the Revised Code.	388

(ii) Off-duty firefighters, whether paid or volunteer, of a	389
lawfully constituted fire department.	390

(iii) Off-duty first responders, emergency medical	391
technicians-basic, emergency medical technicians-intermediate, or	392
emergency medical technicians-paramedic, whether paid or	393
volunteer, of an ambulance service organization or emergency	394
medical service organization pursuant to Chapter 4765. of the	395
Revised Code.	396

(b) Every person in the service of any person, firm, or	397
private corporation, including any public service corporation,	398
that (i) employs one or more persons regularly in the same	399
business or in or about the same establishment under any contract	400
of hire, express or implied, oral or written, including aliens and	401
minors, household workers who earn one hundred sixty dollars or	402
more in cash in any calendar quarter from a single household and	403
casual workers who earn one hundred sixty dollars or more in cash	404
in any calendar quarter from a single employer, or (ii) is bound	405
by any such contract of hire or by any other written contract, to	406
pay into the state insurance fund the premiums provided by this	407
chapter.	408

(c) Every person who performs labor or provides services	409
pursuant to a construction contract, as defined in section 4123.79	410
of the Revised Code, if at least ten of the following criteria	411
apply:	412

(i) The person is required to comply with instructions from	413
the other contracting party regarding the manner or method of	414
performing services;	415

(ii) The person is required by the other contracting party to	416
have particular training;	417

(iii) The person's services are integrated into the regular	418
functioning of the other contracting party;	419

(iv) The person is required to perform the work personally;

420

(v) The person is hired, supervised, or paid by the other	421
contracting party;	422

(vi) A continuing relationship exists between the person and	423
the other contracting party that contemplates continuing or	424
recurring work even if the work is not full time;	425

(vii) The person's hours of work are established by the other	426
contracting party;	427

(viii) The person is required to devote full time to the	428
business of the other contracting party;	429

(ix) The person is required to perform the work on the	430
premises of the other contracting party;	431

(x) The person is required to follow the order of work set by	432
the other contracting party;	433

(xi) The person is required to make oral or written reports	434
of progress to the other contracting party;	435

(xii) The person is paid for services on a regular basis such	436
as hourly, weekly, or monthly;	437

(xiii) The person's expenses are paid for by the other	438
contracting party;	439

(xiv) The person's tools and materials are furnished by the	440
other contracting party;	441

(xv) The person is provided with the facilities used to	442
perform services;	443

(xvi) The person does not realize a profit or suffer a loss	444
as a result of the services provided;	445

(xvii) The person is not performing services for a number of	446
employers at the same time;	447

(xviii) The person does not make the same services available	448
to the general public;	449

(xix) The other contracting party has a right to discharge	450
the person;	451

(xx) The person has the right to end the relationship with	452
the other contracting party without incurring liability pursuant	453
to an employment contract or agreement.	454

Every person in the service of any independent contractor or	455
subcontractor who has failed to pay into the state insurance fund	456
the amount of premium determined and fixed by the administrator of	457
workers' compensation for the person's employment or occupation or	458
if a self-insuring employer has failed to pay compensation and	459
benefits directly to the employer's injured and to the dependents	460
of the employer's killed employees as required by section 4123.35	461
of the Revised Code, shall be considered as the employee of the	462
person who has entered into a contract, whether written or verbal,	463
with such independent contractor unless such employees or their	464
legal representatives or beneficiaries elect, after injury or	465
death, to regard such independent contractor as the employer.	466

(d) Every person to whom all of the following apply:

467

(i) The person is a resident of a state other than this state	468
and is covered by that other state's workers' compensation law;	469

(ii) The person performs labor or provides services for that	470
person's employer while temporarily within this state;	471

(iii) The laws of that other state do not include the	472
provisions described in division (H)(4) of section 4123.54 of the	473
Revised Code.	474

(e) Every person who provides services for or on behalf of a	475
motor transportation company transporting property and who is an	476
operator of a car, van, truck, tractor, or truck-tractor that is	477
licensed and registered under Chapter 4503. of the Revised Code or	478
a similar law of another state, unless a majority of the following	479
factors apply to the person:	480

(i) The person owns the vehicle used to provide the service	481
or holds it under a bona fide lease arrangement.	482

(ii) The person is responsible for the maintenance of the	483
vehicle used to provide the service.	484

(iii) The person is responsible for the operating costs of	485
the vehicle used to provide the service, including fuel, repairs,	486
supplies, vehicle insurance, and personal expenses, except that	487
the person may be paid the carrier's fuel surcharge and incidental	488
costs, including tolls, permits, and lumper fees.	489

(iv) The person is responsible for supplying the necessary	490
personal services to operate the vehicle used to provide the	491
service.	492

(v) The compensation paid to the person is based on factors	493
related to work performed, including a percentage of any schedule	494
of rates, and not on the basis of the hours or time expended.	495

(vi) The person substantially controls the means and manner	496
of performing the services, in conformance with regulatory	497
requirements and specifications of the shipper.	498

(vii) The individual enters into a written contract that	499
describes the relationship between the person and the company for	500
whom the person is performing the service to be that of an	501
independent contractor and not that of an employee.	502

(2) "Employee" does not mean:

503

(a) A duly ordained, commissioned, or licensed minister or	504
assistant or associate minister of a church in the exercise of	505
ministry;	506

(b) Any officer of a family farm corporation;

507

(c) An individual incorporated as a corporation; or

508

(d) An individual who otherwise is an employee of an employer	509
but who signs the waiver and affidavit specified in section	510
4123.15 of the Revised Code on the condition that the	511
administrator has granted a waiver and exception to the	512
individual's employer under section 4123.15 of the Revised Code.	513

Any employer may elect to include as an "employee" within	514
this chapter, any person excluded from the definition of	515
"employee" pursuant to division (A)(2) of this section. If an	516
employer is a partnership, sole proprietorship, individual	517
incorporated as a corporation, or family farm corporation, such	518
employer may elect to include as an "employee" within this	519
chapter, any member of such partnership, the owner of the sole	520
proprietorship, the individual incorporated as a corporation, or	521
the officers of the family farm corporation. In the event of an	522
election, the employer shall serve upon the bureau of workers'	523
compensation written notice naming the persons to be covered,	524
include such employee's remuneration for premium purposes in all	525
future payroll reports, and no person excluded from the definition	526
of "employee" pursuant to division (A)(2) of this section,	527
proprietor, individual incorporated as a corporation, or partner	528
shall be deemed an employee within this division until the	529
employer has served such notice.	530

For informational purposes only, the bureau shall prescribe	531
such language as it considers appropriate, on such of its forms as	532
it considers appropriate, to advise employers of their right to	533
elect to include as an "employee" within this chapter a sole	534
proprietor, any member of a partnership, an individual	535
incorporated as a corporation, the officers of a family farm	536
corporation, or a person excluded from the definition of	537
"employee" under division (A)(2) of this section, that they should	538
check any health and disability insurance policy, or other form of	539
health and disability plan or contract, presently covering them,	540
or the purchase of which they may be considering, to determine	541
whether such policy, plan, or contract excludes benefits for	542
illness or injury that they might have elected to have covered by	543
workers' compensation.	544

(B) "Employer" means:

545

(1) The state, including state hospitals, each county,	546
municipal corporation, township, school district, and hospital	547
owned by a political subdivision or subdivisions other than the	548
state;	549

(2) Every person, firm, professional employer organization as	550
defined in section 4125.01 of the Revised Code, and private	551
corporation, including any public service corporation, that (a)	552
has in service one or more employees or shared employees regularly	553
in the same business or in or about the same establishment under	554
any contract of hire, express or implied, oral or written, or (b)	555
is bound by any such contract of hire or by any other written	556
contract, to pay into the insurance fund the premiums provided by	557
this chapter.	558

All such employers are subject to this chapter. Any member of	559
a firm or association, who regularly performs manual labor in or	560
about a mine, factory, or other establishment, including a	561
household establishment, shall be considered an employee in	562
determining whether such person, firm, or private corporation, or	563
public service corporation, has in its service, one or more	564
employees and the employer shall report the income derived from	565
such labor to the bureau as part of the payroll of such employer,	566
and such member shall thereupon be entitled to all the benefits of	567
an employee.	568

(C) "Injury" includes any injury, whether caused by external	569
accidental means or accidental in character and result, received	570
in the course of, and arising out of, the injured employee's	571
employment. "Injury" does not include:	572

(1) Psychiatric conditions except where the claimant's	573
psychiatric conditions have arisen from an injury or occupational	574
disease sustained by that claimant or where the claimant's	575
psychiatric conditions have arisen from sexual conduct in which	576
the claimant was forced by threat of physical harm to engage or	577
participate;	578

(2) Injury or disability caused primarily by the natural	579
deterioration of tissue, an organ, or part of the body;	580

(3) Injury or disability incurred in voluntary participation	581
in an employer-sponsored recreation or fitness activity if the	582
employee signs a waiver of the employee's right to compensation or	583
benefits under this chapter prior to engaging in the recreation or	584
fitness activity;	585

(4) A condition that pre-existed an injury unless that	586
pre-existing condition is substantially aggravated by the injury.	587
Such a substantial aggravation must be documented by objective	588
diagnostic findings, objective clinical findings, or objective	589
test results. Subjective complaints may be evidence of such a	590
substantial aggravation. However, subjective complaints without	591
objective diagnostic findings, objective clinical findings, or	592
objective test results are insufficient to substantiate a	593
substantial aggravation.	594

(D) "Child" includes a posthumous child and a child legally	595
adopted prior to the injury.	596

(E) "Family farm corporation" means a corporation founded for	597
the purpose of farming agricultural land in which the majority of	598
the voting stock is held by and the majority of the stockholders	599
are persons or the spouse of persons related to each other within	600
the fourth degree of kinship, according to the rules of the civil	601
law, and at least one of the related persons is residing on or	602
actively operating the farm, and none of whose stockholders are a	603
corporation. A family farm corporation does not cease to qualify	604
under this division where, by reason of any devise, bequest, or	605
the operation of the laws of descent or distribution, the	606
ownership of shares of voting stock is transferred to another	607
person, as long as that person is within the degree of kinship	608
stipulated in this division.	609

(F) "Occupational disease" means a disease contracted in the	610
course of employment, which by its causes and the characteristics	611
of its manifestation or the condition of the employment results in	612
a hazard which distinguishes the employment in character from	613
employment generally, and the employment creates a risk of	614
contracting the disease in greater degree and in a different	615
manner from the public in general.	616

(G) "Self-insuring employer" means an employer who is granted	617
the privilege of paying compensation and benefits directly under	618
section 4123.35 of the Revised Code, including a board of county	619
commissioners for the sole purpose of constructing a sports	620
facility as defined in section 307.696 of the Revised Code,	621
provided that the electors of the county in which the sports	622
facility is to be built have approved construction of a sports	623
facility by ballot election no later than November 6, 1997.	624

(H) "Public employer" means an employer as defined in	625
division (B)(1) of this section.	626

(I) "Sexual conduct" means vaginal intercourse between a male	627
and female; anal intercourse, fellatio, and cunnilingus between	628
persons regardless of gender; and, without privilege to do so, the	629
insertion, however slight, of any part of the body or any	630
instrument, apparatus, or other object into the vaginal or anal	631
cavity of another. Penetration, however slight, is sufficient to	632
complete vaginal or anal intercourse.	633

(J) "Other-states' insurer" means an insurance company that	634
is authorized to provide workers' compensation insurance coverage	635
in any of the states that permit employers to obtain insurance for	636
workers' compensation claims through insurance companies.	637

(K) "Other-states' coverage" means insurance coverage	638
purchased by an employer for workers' compensation claims that	639
arise in a state or states other than this state and that are	640
filed by the employees of the employer or those employee's	641
dependents, as applicable, in that other state or those other	642
states.	643

(L) "Motor transportation company" has the same meaning as in	644
section 4921.02 of the Revised Code.	645

Sec. 4141.01.  As used in this chapter, unless the context	646
otherwise requires:	647

(A)(1) "Employer" means the state, its instrumentalities, its	648
political subdivisions and their instrumentalities, Indian tribes,	649
and any individual or type of organization including any	650
partnership, limited liability company, association, trust,	651
estate, joint-stock company, insurance company, or corporation,	652
whether domestic or foreign, or the receiver, trustee in	653
bankruptcy, trustee, or the successor thereof, or the legal	654
representative of a deceased person who subsequent to December 31,	655
1971, or in the case of political subdivisions or their	656
instrumentalities, subsequent to December 31, 1973:	657

(a) Had in employment at least one individual, or in the case	658
of a nonprofit organization, subsequent to December 31, 1973, had	659
not less than four individuals in employment for some portion of a	660
day in each of twenty different calendar weeks, in either the	661
current or the preceding calendar year whether or not the same	662
individual was in employment in each such day; or	663

(b) Except for a nonprofit organization, had paid for service	664
in employment wages of fifteen hundred dollars or more in any	665
calendar quarter in either the current or preceding calendar year;	666
or	667

(c) Had paid, subsequent to December 31, 1977, for employment	668
in domestic service in a local college club, or local chapter of a	669
college fraternity or sorority, cash remuneration of one thousand	670
dollars or more in any calendar quarter in the current calendar	671
year or the preceding calendar year, or had paid subsequent to	672
December 31, 1977, for employment in domestic service in a private	673
home cash remuneration of one thousand dollars in any calendar	674
quarter in the current calendar year or the preceding calendar	675
year:	676

(i) For the purposes of divisions (A)(1)(a) and (b) of this	677
section, there shall not be taken into account any wages paid to,	678
or employment of, an individual performing domestic service as	679
described in this division.	680

(ii) An employer under this division shall not be an employer	681
with respect to wages paid for any services other than domestic	682
service unless the employer is also found to be an employer under	683
division (A)(1)(a), (b), or (d) of this section.	684

(d) As a farm operator or a crew leader subsequent to	685
December 31, 1977, had in employment individuals in agricultural	686
labor; and	687

(i) During any calendar quarter in the current calendar year	688
or the preceding calendar year, paid cash remuneration of twenty	689
thousand dollars or more for the agricultural labor; or	690

(ii) Had at least ten individuals in employment in	691
agricultural labor, not including agricultural workers who are	692
aliens admitted to the United States to perform agricultural labor	693
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	694
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	695
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	696
of the twenty different calendar weeks, in either the current or	697
preceding calendar year whether or not the same individual was in	698
employment in each day; or	699

(e) Is not otherwise an employer as defined under division	700
(A)(1)(a) or (b) of this section; and	701

(i) For which, within either the current or preceding	702
calendar year, service, except for domestic service in a private	703
home not covered under division (A)(1)(c) of this section, is or	704
was performed with respect to which such employer is liable for	705
any federal tax against which credit may be taken for	706
contributions required to be paid into a state unemployment fund;	707

(ii) Which, as a condition for approval of this chapter for	708
full tax credit against the tax imposed by the "Federal	709
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	710
required, pursuant to such act to be an employer under this	711
chapter; or	712

(iii) Who became an employer by election under division	713
(A)(4) or (5) of this section and for the duration of such	714
election; or	715

(f) In the case of the state, its instrumentalities, its	716
political subdivisions, and their instrumentalities, and Indian	717
tribes, had in employment, as defined in divisions (B)(2)(a) and	718
(B)(2)(l) of this section, at least one individual;	719

(g) For the purposes of division (A)(1)(a) of this section,	720
if any week includes both the thirty-first day of December and the	721
first day of January, the days of that week before the first day	722
of January shall be considered one calendar week and the days	723
beginning the first day of January another week.	724

(2) Each individual employed to perform or to assist in	725
performing the work of any agent or employee of an employer is	726
employed by such employer for all the purposes of this chapter,	727
whether such individual was hired or paid directly by such	728
employer or by such agent or employee, provided the employer had	729
actual or constructive knowledge of the work. All individuals	730
performing services for an employer of any person in this state	731
who maintains two or more establishments within this state are	732
employed by a single employer for the purposes of this chapter.	733

(3) An employer subject to this chapter within any calendar	734
year is subject to this chapter during the whole of such year and	735
during the next succeeding calendar year.	736

(4) An employer not otherwise subject to this chapter who	737
files with the director of job and family services a written	738
election to become an employer subject to this chapter for not	739
less than two calendar years shall, with the written approval of	740
such election by the director, become an employer subject to this	741
chapter to the same extent as all other employers as of the date	742
stated in such approval, and shall cease to be subject to this	743
chapter as of the first day of January of any calendar year	744
subsequent to such two calendar years only if at least thirty days	745
prior to such first day of January the employer has filed with the	746
director a written notice to that effect.	747

(5) Any employer for whom services that do not constitute	748
employment are performed may file with the director a written	749
election that all such services performed by individuals in the	750
employer's employ in one or more distinct establishments or places	751
of business shall be deemed to constitute employment for all the	752
purposes of this chapter, for not less than two calendar years.	753
Upon written approval of the election by the director, such	754
services shall be deemed to constitute employment subject to this	755
chapter from and after the date stated in such approval. Such	756
services shall cease to be employment subject to this chapter as	757
of the first day of January of any calendar year subsequent to	758
such two calendar years only if at least thirty days prior to such	759
first day of January such employer has filed with the director a	760
written notice to that effect.	761

(B)(1) "Employment" means service performed by an individual	762
for remuneration under any contract of hire, written or oral,	763
express or implied, including service performed in interstate	764
commerce and service performed by an officer of a corporation,	765
without regard to whether such service is executive, managerial,	766
or manual in nature, and without regard to whether such officer is	767
a stockholder or a member of the board of directors of the	768
corporation, unless it is shown to the satisfaction of the	769
director that such individual has been and will continue to be	770
free from direction or control over the performance of such	771
service, both under a contract of service and in fact. The	772
director shall adopt rules to define "direction or control."	773

(2) "Employment" includes:

774

(a) Service performed after December 31, 1977, by an	775
individual in the employ of the state or any of its	776
instrumentalities, or any political subdivision thereof or any of	777
its instrumentalities or any instrumentality of more than one of	778
the foregoing or any instrumentality of any of the foregoing and	779
one or more other states or political subdivisions and without	780
regard to divisions (A)(1)(a) and (b) of this section, provided	781
that such service is excluded from employment as defined in the	782
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	783
3306(c)(7) and is not excluded under division (B)(3) of this	784
section; or the services of employees covered by voluntary	785
election, as provided under divisions (A)(4) and (5) of this	786
section;	787

(b) Service performed after December 31, 1971, by an	788
individual in the employ of a religious, charitable, educational,	789
or other organization which is excluded from the term "employment"	790
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	791
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	792
3306(c)(8) of that act and is not excluded under division (B)(3)	793
of this section;	794

(c) Domestic service performed after December 31, 1977, for	795
an employer, as provided in division (A)(1)(c) of this section;	796

(d) Agricultural labor performed after December 31, 1977, for	797
a farm operator or a crew leader, as provided in division	798
(A)(1)(d) of this section;	799

(e) ServiceSubject to division (B)(2)(m) of this section,	800
service not covered under division (B)(1) of this section which is	801
performed after December 31, 1971:	802

(i) As an agent-driver or commission-driver engaged in	803
distributing meat products, vegetable products, fruit products,	804
bakery products, beverages other than milk, laundry, or	805
dry-cleaning services, for the individual's employer or principal;	806

(ii) As a traveling or city salesperson, other than as an	807
agent-driver or commission-driver, engaged on a full-time basis in	808
the solicitation on behalf of and in the transmission to the	809
salesperson's employer or principal except for sideline sales	810
activities on behalf of some other person of orders from	811
wholesalers, retailers, contractors, or operators of hotels,	812
restaurants, or other similar establishments for merchandise for	813
resale, or supplies for use in their business operations, provided	814
that for the purposes of division (B)(2)(e)(ii) of this section,	815
the services shall be deemed employment if the contract of service	816
contemplates that substantially all of the services are to be	817
performed personally by the individual and that the individual	818
does not have a substantial investment in facilities used in	819
connection with the performance of the services other than in	820
facilities for transportation, and the services are not in the	821
nature of a single transaction that is not a part of a continuing	822
relationship with the person for whom the services are performed.	823

(f) An individual's entire service performed within or both	824
within and without the state if:	825

(i) The service is localized in this state.

826

(ii) The service is not localized in any state, but some of	827
the service is performed in this state and either the base of	828
operations, or if there is no base of operations then the place	829
from which such service is directed or controlled, is in this	830
state or the base of operations or place from which such service	831
is directed or controlled is not in any state in which some part	832
of the service is performed but the individual's residence is in	833
this state.	834

(g) Service not covered under division (B)(2)(f)(ii) of this	835
section and performed entirely without this state, with respect to	836
no part of which contributions are required and paid under an	837
unemployment compensation law of any other state, the Virgin	838
Islands, Canada, or of the United States, if the individual	839
performing such service is a resident of this state and the	840
director approves the election of the employer for whom such	841
services are performed; or, if the individual is not a resident of	842
this state but the place from which the service is directed or	843
controlled is in this state, the entire services of such	844
individual shall be deemed to be employment subject to this	845
chapter, provided service is deemed to be localized within this	846
state if the service is performed entirely within this state or if	847
the service is performed both within and without this state but	848
the service performed without this state is incidental to the	849
individual's service within the state, for example, is temporary	850
or transitory in nature or consists of isolated transactions;	851

(h) Service of an individual who is a citizen of the United	852
States, performed outside the United States except in Canada after	853
December 31, 1971, or the Virgin Islands, after December 31, 1971,	854
and before the first day of January of the year following that in	855
which the United States secretary of labor approves the Virgin	856
Islands law for the first time, in the employ of an American	857
employer, other than service which is "employment" under divisions	858
(B)(2)(f) and (g) of this section or similar provisions of another	859
state's law, if:	860

(i) The employer's principal place of business in the United	861
States is located in this state;	862

(ii) The employer has no place of business in the United	863
States, but the employer is an individual who is a resident of	864
this state; or the employer is a corporation which is organized	865
under the laws of this state, or the employer is a partnership or	866
a trust and the number of partners or trustees who are residents	867
of this state is greater than the number who are residents of any	868
other state; or	869

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	870
of this section is met but the employer has elected coverage in	871
this state or the employer having failed to elect coverage in any	872
state, the individual has filed a claim for benefits, based on	873
such service, under this chapter.	874

(i) For the purposes of division (B)(2)(h) of this section,	875
the term "American employer" means an employer who is an	876
individual who is a resident of the United States; or a	877
partnership, if two-thirds or more of the partners are residents	878
of the United States; or a trust, if all of the trustees are	879
residents of the United States; or a corporation organized under	880
the laws of the United States or of any state, provided the term	881
"United States" includes the states, the District of Columbia, the	882
Commonwealth of Puerto Rico, and the Virgin Islands.	883

(j) Notwithstanding any other provisions of divisions (B)(1)	884
and (2) of this section, service, except for domestic service in a	885
private home not covered under division (A)(1)(c) of this section,	886
with respect to which a tax is required to be paid under any	887
federal law imposing a tax against which credit may be taken for	888
contributions required to be paid into a state unemployment fund,	889
or service, except for domestic service in a private home not	890
covered under division (A)(1)(c) of this section, which, as a	891
condition for full tax credit against the tax imposed by the	892
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	893
3311, is required to be covered under this chapter.	894

(k) Construction services performed by any individual under a	895
construction contract, as defined in section 4141.39 of the	896
Revised Code, if the director determines that the employer for	897
whom services are performed has the right to direct or control the	898
performance of the services and that the individuals who perform	899
the services receive remuneration for the services performed. The	900
director shall presume that the employer for whom services are	901
performed has the right to direct or control the performance of	902
the services if ten or more of the following criteria apply:	903

(i) The employer directs or controls the manner or method by	904
which instructions are given to the individual performing	905
services;	906

(ii) The employer requires particular training for the	907
individual performing services;	908

(iii) Services performed by the individual are integrated	909
into the regular functioning of the employer;	910

(iv) The employer requires that services be provided by a	911
particular individual;	912

(v) The employer hires, supervises, or pays the wages of the	913
individual performing services;	914

(vi) A continuing relationship between the employer and the	915
individual performing services exists which contemplates	916
continuing or recurring work, even if not full-time work;	917

(vii) The employer requires the individual to perform	918
services during established hours;	919

(viii) The employer requires that the individual performing	920
services be devoted on a full-time basis to the business of the	921
employer;	922

(ix) The employer requires the individual to perform services	923
on the employer's premises;	924

(x) The employer requires the individual performing services	925
to follow the order of work established by the employer;	926

(xi) The employer requires the individual performing services	927
to make oral or written reports of progress;	928

(xii) The employer makes payment to the individual for	929
services on a regular basis, such as hourly, weekly, or monthly;	930

(xiii) The employer pays expenses for the individual	931
performing services;	932

(xiv) The employer furnishes the tools and materials for use	933
by the individual to perform services;	934

(xv) The individual performing services has not invested in	935
the facilities used to perform services;	936

(xvi) The individual performing services does not realize a	937
profit or suffer a loss as a result of the performance of the	938
services;	939

(xvii) The individual performing services is not performing	940
services for more than two employers simultaneously;	941

(xviii) The individual performing services does not make the	942
services available to the general public;	943

(xix) The employer has a right to discharge the individual	944
performing services;	945

(xx) The individual performing services has the right to end	946
the individual's relationship with the employer without incurring	947
liability pursuant to an employment contract or agreement.	948

(l) Service performed by an individual in the employ of an	949
Indian tribe as defined by section 4(e) of the "Indian	950
Self-Determination and Education Assistance Act," 88 Stat. 2204	951
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	952
subsidiary, or business enterprise wholly owned by an Indian tribe	953
provided that the service is excluded from employment as defined	954
in the "Federal Unemployment Tax Act," 53 Stat. 183, (1939), 26	955
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	956
(B)(3) of this section.	957

(m) Service performed by an individual for or on behalf of a	958
motor transportation company transporting property and the	959
individual is an operator of a car, van, truck, tractor, or	960
truck-tractor that is licensed and registered under Chapter 4503.	961
of the Revised Code or a similar law of another state, unless the	962
majority of the following factors apply to the individual:	963

(i) The individual owns the vehicle used to provide the	964
service or holds it under a bona fide lease arrangement.	965

(ii) The individual is responsible for the maintenance of the	966
vehicle used to provide the service.	967

(iii) The individual is responsible for the operating costs	968
of the vehicle used to provide the service, including fuel,	969
repairs, supplies, vehicle insurance, and personal expenses,	970
except that the individual may be paid the carrier's fuel	971
surcharge and incidental costs, including tolls, permits, and	972
lumper fees.	973

(iv) The individual is responsible for supplying the	974
necessary personal services to operate the vehicle used to provide	975
the service.	976

(v) The compensation paid to the individual is based on	977
factors related to work performed, including a percentage of any	978
schedule of rates, and not on the basis of the hours or time	979
expended.	980

(vi) The individual substantially controls the means and	981
manner of performing the services, in conformance with regulatory	982
requirements and specifications of the shipper.	983

(vii) The individual enters into a written contract that	984
describes the relationship between the individual and the company	985
for whom the individual is performing the service to be that of an	986
independent contractor and not that of an employee.	987

(3) "Employment" does not include the following services if	988
they are found not subject to the "Federal Unemployment Tax Act,"	989
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	990
are not required to be included under division (B)(2)(j) of this	991
section:	992

(a) Service performed after December 31, 1977, in	993
agricultural labor, except as provided in division (A)(1)(d) of	994
this section;	995

(b) Domestic service performed after December 31, 1977, in a	996
private home, local college club, or local chapter of a college	997
fraternity or sorority except as provided in division (A)(1)(c) of	998
this section;	999

(c) Service performed after December 31, 1977, for this state	1000
or a political subdivision as described in division (B)(2)(a) of	1001
this section when performed:	1002

(i) As a publicly elected official;

1003

(ii) As a member of a legislative body, or a member of the	1004
judiciary;	1005

(iii) As a military member of the Ohio national guard;

1006

(iv) As an employee, not in the classified service as defined	1007
in section 124.11 of the Revised Code, serving on a temporary	1008
basis in case of fire, storm, snow, earthquake, flood, or similar	1009
emergency;	1010

(v) In a position which, under or pursuant to law, is	1011
designated as a major nontenured policymaking or advisory	1012
position, not in the classified service of the state, or a	1013
policymaking or advisory position the performance of the duties of	1014
which ordinarily does not require more than eight hours per week.	1015

(d) In the employ of any governmental unit or instrumentality	1016
of the United States;	1017

(e) Service performed after December 31, 1971:

1018

(i) Service in the employ of an educational institution or	1019
institution of higher education, including those operated by the	1020
state or a political subdivision, if such service is performed by	1021
a student who is enrolled and is regularly attending classes at	1022
the educational institution or institution of higher education; or	1023

(ii) By an individual who is enrolled at a nonprofit or	1024
public educational institution which normally maintains a regular	1025
faculty and curriculum and normally has a regularly organized body	1026
of students in attendance at the place where its educational	1027
activities are carried on as a student in a full-time program,	1028
taken for credit at the institution, which combines academic	1029
instruction with work experience, if the service is an integral	1030
part of the program, and the institution has so certified to the	1031
employer, provided that this subdivision shall not apply to	1032
service performed in a program established for or on behalf of an	1033
employer or group of employers;.	1034

(f) Service performed by an individual in the employ of the	1035
individual's son, daughter, or spouse and service performed by a	1036
child under the age of eighteen in the employ of the child's	1037
father or mother;	1038

(g) Service performed for one or more principals by an	1039
individual who is compensated on a commission basis, who in the	1040
performance of the work is master of the individual's own time and	1041
efforts, and whose remuneration is wholly dependent on the amount	1042
of effort the individual chooses to expend, and which service is	1043
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	1044
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	1045
31, 1971:	1046

(i) By an individual for an employer as an insurance agent or	1047
as an insurance solicitor, if all this service is performed for	1048
remuneration solely by way of commission;	1049

(ii) As a home worker performing work, according to	1050
specifications furnished by the employer for whom the services are	1051
performed, on materials or goods furnished by such employer which	1052
are required to be returned to the employer or to a person	1053
designated for that purpose.	1054

(h) Service performed after December 31, 1971:

1055

(i) In the employ of a church or convention or association of	1056
churches, or in an organization which is operated primarily for	1057
religious purposes and which is operated, supervised, controlled,	1058
or principally supported by a church or convention or association	1059
of churches;	1060

(ii) By a duly ordained, commissioned, or licensed minister	1061
of a church in the exercise of the individual's ministry or by a	1062
member of a religious order in the exercise of duties required by	1063
such order; or	1064

(iii) In a facility conducted for the purpose of carrying out	1065
a program of rehabilitation for individuals whose earning capacity	1066
is impaired by age or physical or mental deficiency or injury, or	1067
providing remunerative work for individuals who because of their	1068
impaired physical or mental capacity cannot be readily absorbed in	1069
the competitive labor market, by an individual receiving such	1070
rehabilitation or remunerative work;.	1071

(i) Service performed after June 30, 1939, with respect to	1072
which unemployment compensation is payable under the "Railroad	1073
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	1074

(j) Service performed by an individual in the employ of any	1075
organization exempt from income tax under section 501 of the	1076
"Internal Revenue Code of 1954," if the remuneration for such	1077
service does not exceed fifty dollars in any calendar quarter, or	1078
if such service is in connection with the collection of dues or	1079
premiums for a fraternal beneficial society, order, or association	1080
and is performed away from the home office or is ritualistic	1081
service in connection with any such society, order, or	1082
association;	1083

(k) Casual labor not in the course of an employer's trade or	1084
business; incidental service performed by an officer, appraiser,	1085
or member of a finance committee of a bank, building and loan	1086
association, savings and loan association, or savings association	1087
when the remuneration for such incidental service exclusive of the	1088
amount paid or allotted for directors' fees does not exceed sixty	1089
dollars per calendar quarter is casual labor;	1090

(l) Service performed in the employ of a voluntary employees'	1091
beneficial association providing for the payment of life,	1092
sickness, accident, or other benefits to the members of such	1093
association or their dependents or their designated beneficiaries,	1094
if admission to a membership in such association is limited to	1095
individuals who are officers or employees of a municipal or public	1096
corporation, of a political subdivision of the state, or of the	1097
United States and no part of the net earnings of such association	1098
inures, other than through such payments, to the benefit of any	1099
private shareholder or individual;	1100

(m) Service performed by an individual in the employ of a	1101
foreign government, including service as a consular or other	1102
officer or employee or of a nondiplomatic representative;	1103

(n) Service performed in the employ of an instrumentality	1104
wholly owned by a foreign government if the service is of a	1105
character similar to that performed in foreign countries by	1106
employees of the United States or of an instrumentality thereof	1107
and if the director finds that the secretary of state of the	1108
United States has certified to the secretary of the treasury of	1109
the United States that the foreign government, with respect to	1110
whose instrumentality exemption is claimed, grants an equivalent	1111
exemption with respect to similar service performed in the foreign	1112
country by employees of the United States and of instrumentalities	1113
thereof;	1114

(o) Service with respect to which unemployment compensation	1115
is payable under an unemployment compensation system established	1116
by an act of congress;	1117

(p) Service performed as a student nurse in the employ of a	1118
hospital or a nurses' training school by an individual who is	1119
enrolled and is regularly attending classes in a nurses' training	1120
school chartered or approved pursuant to state law, and service	1121
performed as an intern in the employ of a hospital by an	1122
individual who has completed a four years' course in a medical	1123
school chartered or approved pursuant to state law;	1124

(q) Service performed by an individual under the age of	1125
eighteen in the delivery or distribution of newspapers or shopping	1126
news, not including delivery or distribution to any point for	1127
subsequent delivery or distribution;	1128

(r) Service performed in the employ of the United States or	1129
an instrumentality of the United States immune under the	1130
Constitution of the United States from the contributions imposed	1131
by this chapter, except that to the extent that congress permits	1132
states to require any instrumentalities of the United States to	1133
make payments into an unemployment fund under a state unemployment	1134
compensation act, this chapter shall be applicable to such	1135
instrumentalities and to services performed for such	1136
instrumentalities in the same manner, to the same extent, and on	1137
the same terms as to all other employers, individuals, and	1138
services, provided that if this state is not certified for any	1139
year by the proper agency of the United States under section 3304	1140
of the "Internal Revenue Code of 1954," the payments required of	1141
such instrumentalities with respect to such year shall be refunded	1142
by the director from the fund in the same manner and within the	1143
same period as is provided in division (E) of section 4141.09 of	1144
the Revised Code with respect to contributions erroneously	1145
collected;	1146

(s) Service performed by an individual as a member of a band	1147
or orchestra, provided such service does not represent the	1148
principal occupation of such individual, and which service is not	1149
subject to or required to be covered for full tax credit against	1150
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	1151
183 (1939), 26 U.S.C.A. 3301 to 3311.	1152

(t) Service performed in the employ of a day camp whose	1153
camping season does not exceed twelve weeks in any calendar year,	1154
and which service is not subject to the "Federal Unemployment Tax	1155
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	1156
performed after December 31, 1971:	1157

(i) In the employ of a hospital, if the service is performed	1158
by a patient of the hospital, as defined in division (W) of this	1159
section;	1160

(ii) For a prison or other correctional institution by an	1161
inmate of the prison or correctional institution;	1162

(iii) Service performed after December 31, 1977, by an inmate	1163
of a custodial institution operated by the state, a political	1164
subdivision, or a nonprofit organization.	1165

(u) Service that is performed by a nonresident alien	1166
individual for the period the individual temporarily is present in	1167
the United States as a nonimmigrant under division (F), (J), (M),	1168
or (Q) of section 101(a)(15) of the "Immigration and Nationality	1169
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	1170
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	1171
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	1172

(v) Notwithstanding any other provisions of division (B)(3)	1173
of this section, services that are excluded under divisions	1174
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	1175
from employment when performed for a nonprofit organization, as	1176
defined in division (X) of this section, or for this state or its	1177
instrumentalities, or for a political subdivision or its	1178
instrumentalities or for Indian tribes;	1179

(w) Service that is performed by an individual working as an	1180
election official or election worker if the amount of remuneration	1181
received by the individual during the calendar year for services	1182
as an election official or election worker is less than one	1183
thousand dollars;	1184

(x) Service performed for an elementary or secondary school	1185
that is operated primarily for religious purposes, that is	1186
described in subsection 501(c)(3) and exempt from federal income	1187
taxation under subsection 501(a) of the Internal Revenue Code, 26	1188
U.S.C.A. 501;	1189

(y) Service performed by a person committed to a penal	1190
institution.	1191

(z) Service performed for an Indian tribe as described in	1192
division (B)(2)(l) of this section when performed in any of the	1193
following manners:	1194

(i) As a publicly elected official;

1195

(ii) As a member of an Indian tribal council;

1196

(iii) As a member of a legislative or judiciary body;

1197

(iv) In a position which, pursuant to Indian tribal law, is	1198
designated as a major nontenured policymaking or advisory	1199
position, or a policymaking or advisory position where the	1200
performance of the duties ordinarily does not require more than	1201
eight hours of time per week;	1202

(v) As an employee serving on a temporary basis in the case	1203
of a fire, storm, snow, earthquake, flood, or similar emergency.	1204

(aa) Service performed after December 31, 1971, for a	1205
nonprofit organization, this state or its instrumentalities, a	1206
political subdivision or its instrumentalities, or an Indian tribe	1207
as part of an unemployment work-relief or work-training program	1208
assisted or financed in whole or in part by any federal agency or	1209
an agency of a state or political subdivision, thereof, by an	1210
individual receiving the work-relief or work-training.	1211

(4) If the services performed during one half or more of any	1212
pay period by an employee for the person employing that employee	1213
constitute employment, all the services of such employee for such	1214
period shall be deemed to be employment; but if the services	1215
performed during more than one half of any such pay period by an	1216
employee for the person employing that employee do not constitute	1217
employment, then none of the services of such employee for such	1218
period shall be deemed to be employment. As used in division	1219
(B)(4) of this section, "pay period" means a period, of not more	1220
than thirty-one consecutive days, for which payment of	1221
remuneration is ordinarily made to the employee by the person	1222
employing that employee. Division (B)(4) of this section does not	1223
apply to services performed in a pay period by an employee for the	1224
person employing that employee, if any of such service is excepted	1225
by division (B)(3)(o) of this section.	1226

(C) "Benefits" means money payments payable to an individual	1227
who has established benefit rights, as provided in this chapter,	1228
for loss of remuneration due to the individual's unemployment.	1229

(D) "Benefit rights" means the weekly benefit amount and the	1230
maximum benefit amount that may become payable to an individual	1231
within the individual's benefit year as determined by the	1232
director.	1233

(E) "Claim for benefits" means a claim for waiting period or	1234
benefits for a designated week.	1235

(F) "Additional claim" means the first claim for benefits	1236
filed following any separation from employment during a benefit	1237
year; "continued claim" means any claim other than the first claim	1238
for benefits and other than an additional claim.	1239

(G)(1) "Wages" means remuneration paid to an employee by each	1240
of the employee's employers with respect to employment; except	1241
that wages shall not include that part of remuneration paid during	1242
any calendar year to an individual by an employer or such	1243
employer's predecessor in interest in the same business or	1244
enterprise, which in any calendar year is in excess of eight	1245
thousand two hundred fifty dollars on and after January 1, 1992;	1246
eight thousand five hundred dollars on and after January 1, 1993;	1247
eight thousand seven hundred fifty dollars on and after January 1,	1248
1994; and nine thousand dollars on and after January 1, 1995.	1249
Remuneration in excess of such amounts shall be deemed wages	1250
subject to contribution to the same extent that such remuneration	1251
is defined as wages under the "Federal Unemployment Tax Act," 84	1252
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	1253
remuneration paid an employee by an employer with respect to	1254
employment in another state, upon which contributions were	1255
required and paid by such employer under the unemployment	1256
compensation act of such other state, shall be included as a part	1257
of remuneration in computing the amount specified in this	1258
division.	1259

(2) Notwithstanding division (G)(1) of this section, if, as	1260
of the computation date for any calendar year, the director	1261
determines that the level of the unemployment compensation fund is	1262
sixty per cent or more below the minimum safe level as defined in	1263
section 4141.25 of the Revised Code, then, effective the first day	1264
of January of the following calendar year, wages subject to this	1265
chapter shall not include that part of remuneration paid during	1266
any calendar year to an individual by an employer or such	1267
employer's predecessor in interest in the same business or	1268
enterprise which is in excess of nine thousand dollars. The	1269
increase in the dollar amount of wages subject to this chapter	1270
under this division shall remain in effect from the date of the	1271
director's determination pursuant to division (G)(2) of this	1272
section and thereafter notwithstanding the fact that the level in	1273
the fund may subsequently become less than sixty per cent below	1274
the minimum safe level.	1275

(H)(1) "Remuneration" means all compensation for personal	1276
services, including commissions and bonuses and the cash value of	1277
all compensation in any medium other than cash, except that in the	1278
case of agricultural or domestic service, "remuneration" includes	1279
only cash remuneration. Gratuities customarily received by an	1280
individual in the course of the individual's employment from	1281
persons other than the individual's employer and which are	1282
accounted for by such individual to the individual's employer are	1283
taxable wages.	1284

The reasonable cash value of compensation paid in any medium	1285
other than cash shall be estimated and determined in accordance	1286
with rules prescribed by the director, provided that	1287
"remuneration" does not include:	1288

(a) Payments as provided in divisions (b)(2) to (b)(16) of	1289
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,	1290
26 U.S.C.A. 3301 to 3311, as amended;	1291

(b) The payment by an employer, without deduction from the	1292
remuneration of the individual in the employer's employ, of the	1293
tax imposed upon an individual in the employer's employ under	1294
section 3101 of the "Internal Revenue Code of 1954," with respect	1295
to services performed after October 1, 1941.	1296

(2) "Cash remuneration" means all remuneration paid in cash,	1297
including commissions and bonuses, but not including the cash	1298
value of all compensation in any medium other than cash.	1299

(I) "Interested party" means the director and any party to	1300
whom notice of a determination of an application for benefit	1301
rights or a claim for benefits is required to be given under	1302
section 4141.28 of the Revised Code.	1303

(J) "Annual payroll" means the total amount of wages subject	1304
to contributions during a twelve-month period ending with the last	1305
day of the second calendar quarter of any calendar year.	1306

(K) "Average annual payroll" means the average of the last	1307
three annual payrolls of an employer, provided that if, as of any	1308
computation date, the employer has had less than three annual	1309
payrolls in such three-year period, such average shall be based on	1310
the annual payrolls which the employer has had as of such date.	1311

(L)(1) "Contributions" means the money payments to the state	1312
unemployment compensation fund required of employers by section	1313
4141.25 of the Revised Code and of the state and any of its	1314
political subdivisions electing to pay contributions under section	1315
4141.242 of the Revised Code. Employers paying contributions shall	1316
be described as "contributory employers."	1317

(2) "Payments in lieu of contributions" means the money	1318
payments to the state unemployment compensation fund required of	1319
reimbursing employers under sections 4141.241 and 4141.242 of the	1320
Revised Code.	1321

(M) An individual is "totally unemployed" in any week during	1322
which the individual performs no services and with respect to such	1323
week no remuneration is payable to the individual.	1324

(N) An individual is "partially unemployed" in any week if,	1325
due to involuntary loss of work, the total remuneration payable to	1326
the individual for such week is less than the individual's weekly	1327
benefit amount.	1328

(O) "Week" means the calendar week ending at midnight	1329
Saturday unless an equivalent week of seven consecutive calendar	1330
days is prescribed by the director.	1331

(1) "Qualifying week" means any calendar week in an	1332
individual's base period with respect to which the individual	1333
earns or is paid remuneration in employment subject to this	1334
chapter. A calendar week with respect to which an individual earns	1335
remuneration but for which payment was not made within the base	1336
period, when necessary to qualify for benefit rights, may be	1337
considered to be a qualifying week. The number of qualifying weeks	1338
which may be established in a calendar quarter shall not exceed	1339
the number of calendar weeks in the quarter.	1340

(2) "Average weekly wage" means the amount obtained by	1341
dividing an individual's total remuneration for all qualifying	1342
weeks during the base period by the number of such qualifying	1343
weeks, provided that if the computation results in an amount that	1344
is not a multiple of one dollar, such amount shall be rounded to	1345
the next lower multiple of one dollar.	1346

(P) "Weekly benefit amount" means the amount of benefits an	1347
individual would be entitled to receive for one week of total	1348
unemployment.	1349

(Q)(1) "Base period" means the first four of the last five	1350
completed calendar quarters immediately preceding the first day of	1351
an individual's benefit year, except as provided in division	1352
(Q)(2) of this section.	1353

(2) If an individual does not have sufficient qualifying	1354
weeks and wages in the base period to qualify for benefit rights,	1355
the individual's base period shall be the four most recently	1356
completed calendar quarters preceding the first day of the	1357
individual's benefit year. Such base period shall be known as the	1358
"alternate base period." If information as to weeks and wages for	1359
the most recent quarter of the alternate base period is not	1360
available to the director from the regular quarterly reports of	1361
wage information, which are systematically accessible, the	1362
director may, consistent with the provisions of section 4141.28 of	1363
the Revised Code, base the determination of eligibility for	1364
benefits on the affidavit of the claimant with respect to weeks	1365
and wages for that calendar quarter. The claimant shall furnish	1366
payroll documentation, where available, in support of the	1367
affidavit. The determination based upon the alternate base period	1368
as it relates to the claimant's benefit rights, shall be amended	1369
when the quarterly report of wage information from the employer is	1370
timely received and that information causes a change in the	1371
determination. As provided in division (B) of section 4141.28 of	1372
the Revised Code, any benefits paid and charged to an employer's	1373
account, based upon a claimant's affidavit, shall be adjusted	1374
effective as of the beginning of the claimant's benefit year. No	1375
calendar quarter in a base period or alternate base period shall	1376
be used to establish a subsequent benefit year.	1377

(3) The "base period" of a combined wage claim, as described	1378
in division (H) of section 4141.43 of the Revised Code, shall be	1379
the base period prescribed by the law of the state in which the	1380
claim is allowed.	1381

(4) For purposes of determining the weeks that comprise a	1382
completed calendar quarter under this division, only those weeks	1383
ending at midnight Saturday within the calendar quarter shall be	1384
utilized.	1385

(R)(1) "Benefit year" with respect to an individual means the	1386
fifty-two week period beginning with the first day of that week	1387
with respect to which the individual first files a valid	1388
application for determination of benefit rights, and thereafter	1389
the fifty-two week period beginning with the first day of that	1390
week with respect to which the individual next files a valid	1391
application for determination of benefit rights after the	1392
termination of the individual's last preceding benefit year,	1393
except that the application shall not be considered valid unless	1394
the individual has had employment in six weeks that is subject to	1395
this chapter or the unemployment compensation act of another	1396
state, or the United States, and has, since the beginning of the	1397
individual's previous benefit year, in the employment earned three	1398
times the average weekly wage determined for the previous benefit	1399
year. The "benefit year" of a combined wage claim, as described in	1400
division (H) of section 4141.43 of the Revised Code, shall be the	1401
benefit year prescribed by the law of the state in which the claim	1402
is allowed. Any application for determination of benefit rights	1403
made in accordance with section 4141.28 of the Revised Code is	1404
valid if the individual filing such application is unemployed, has	1405
been employed by an employer or employers subject to this chapter	1406
in at least twenty qualifying weeks within the individual's base	1407
period, and has earned or been paid remuneration at an average	1408
weekly wage of not less than twenty-seven and one-half per cent of	1409
the statewide average weekly wage for such weeks. For purposes of	1410
determining whether an individual has had sufficient employment	1411
since the beginning of the individual's previous benefit year to	1412
file a valid application, "employment" means the performance of	1413
services for which remuneration is payable.	1414

(2) Effective for benefit years beginning on and after	1415
December 26, 2004, any application for determination of benefit	1416
rights made in accordance with section 4141.28 of the Revised Code	1417
is valid if the individual satisfies the criteria described in	1418
division (R)(1) of this section, and if the reason for the	1419
individual's separation from employment is not disqualifying	1420
pursuant to division (D)(2) of section 4141.29 or section 4141.291	1421
of the Revised Code. A disqualification imposed pursuant to	1422
division (D)(2) of section 4141.29 or section 4141.291 of the	1423
Revised Code must be removed as provided in those sections as a	1424
requirement of establishing a valid application for benefit years	1425
beginning on and after December 26, 2004.	1426

(3) The statewide average weekly wage shall be calculated by	1427
the director once a year based on the twelve-month period ending	1428
the thirtieth day of June, as set forth in division (B)(3) of	1429
section 4141.30 of the Revised Code, rounded down to the nearest	1430
dollar. Increases or decreases in the amount of remuneration	1431
required to have been earned or paid in order for individuals to	1432
have filed valid applications shall become effective on Sunday of	1433
the calendar week in which the first day of January occurs that	1434
follows the twelve-month period ending the thirtieth day of June	1435
upon which the calculation of the statewide average weekly wage	1436
was based.	1437

(4) As used in this division, an individual is "unemployed"	1438
if, with respect to the calendar week in which such application is	1439
filed, the individual is "partially unemployed" or "totally	1440
unemployed" as defined in this section or if, prior to filing the	1441
application, the individual was separated from the individual's	1442
most recent work for any reason which terminated the individual's	1443
employee-employer relationship, or was laid off indefinitely or	1444
for a definite period of seven or more days.	1445

(S) "Calendar quarter" means the period of three consecutive	1446
calendar months ending on the thirty-first day of March, the	1447
thirtieth day of June, the thirtieth day of September, and the	1448
thirty-first day of December, or the equivalent thereof as the	1449
director prescribes by rule.	1450

(T) "Computation date" means the first day of the third	1451
calendar quarter of any calendar year.	1452

(U) "Contribution period" means the calendar year beginning	1453
on the first day of January of any year.	1454

(V) "Agricultural labor," for the purpose of this division,	1455
means any service performed prior to January 1, 1972, which was	1456
agricultural labor as defined in this division prior to that date,	1457
and service performed after December 31, 1971:	1458

(1) On a farm, in the employ of any person, in connection	1459
with cultivating the soil, or in connection with raising or	1460
harvesting any agricultural or horticultural commodity, including	1461
the raising, shearing, feeding, caring for, training, and	1462
management of livestock, bees, poultry, and fur-bearing animals	1463
and wildlife;	1464

(2) In the employ of the owner or tenant or other operator of	1465
a farm in connection with the operation, management, conservation,	1466
improvement, or maintenance of such farm and its tools and	1467
equipment, or in salvaging timber or clearing land of brush and	1468
other debris left by hurricane, if the major part of such service	1469
is performed on a farm;	1470

(3) In connection with the production or harvesting of any	1471
commodity defined as an agricultural commodity in section 15 (g)	1472
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	1473
U.S.C. 1141j, as amended, or in connection with the ginning of	1474
cotton, or in connection with the operation or maintenance of	1475
ditches, canals, reservoirs, or waterways, not owned or operated	1476
for profit, used exclusively for supplying and storing water for	1477
farming purposes;	1478

(4) In the employ of the operator of a farm in handling,	1479
planting, drying, packing, packaging, processing, freezing,	1480
grading, storing, or delivering to storage or to market or to a	1481
carrier for transportation to market, in its unmanufactured state,	1482
any agricultural or horticultural commodity, but only if the	1483
operator produced more than one half of the commodity with respect	1484
to which such service is performed;	1485

(5) In the employ of a group of operators of farms, or a	1486
cooperative organization of which the operators are members, in	1487
the performance of service described in division (V)(4) of this	1488
section, but only if the operators produced more than one-half of	1489
the commodity with respect to which the service is performed;	1490

(6) Divisions (V)(4) and (5) of this section shall not be	1491
deemed to be applicable with respect to service performed:	1492

(a) In connection with commercial canning or commercial	1493
freezing or in connection with any agricultural or horticultural	1494
commodity after its delivery to a terminal market for distribution	1495
for consumption; or	1496

(b) On a farm operated for profit if the service is not in	1497
the course of the employer's trade or business.	1498

As used in division (V) of this section, "farm" includes	1499
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	1500
plantations, ranches, nurseries, ranges, greenhouses, or other	1501
similar structures used primarily for the raising of agricultural	1502
or horticultural commodities and orchards.	1503

(W) "Hospital" means an institution which has been registered	1504
or licensed by the Ohio department of health as a hospital.	1505

(X) "Nonprofit organization" means an organization, or group	1506
of organizations, described in section 501(c)(3) of the "Internal	1507
Revenue Code of 1954," and exempt from income tax under section	1508
501(a) of that code.	1509

(Y) "Institution of higher education" means a public or	1510
nonprofit educational institution, including an educational	1511
institution operated by an Indian tribe, which:	1512

(1) Admits as regular students only individuals having a	1513
certificate of graduation from a high school, or the recognized	1514
equivalent;	1515

(2) Is legally authorized in this state or by the Indian	1516
tribe to provide a program of education beyond high school; and	1517

(3) Provides an educational program for which it awards a	1518
bachelor's or higher degree, or provides a program which is	1519
acceptable for full credit toward such a degree, a program of	1520
post-graduate or post-doctoral studies, or a program of training	1521
to prepare students for gainful employment in a recognized	1522
occupation.	1523

For the purposes of this division, all colleges and	1524
universities in this state are institutions of higher education.	1525

(Z) For the purposes of this chapter, "states" includes the	1526
District of Columbia, the Commonwealth of Puerto Rico, and the	1527
Virgin Islands.	1528

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	1529
this section, an individual who is an alien admitted to the United	1530
States to perform service in agricultural labor pursuant to	1531
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	1532
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	1533

(BB)(1) "Crew leader" means an individual who furnishes	1534
individuals to perform agricultural labor for any other employer	1535
or farm operator, and:	1536

(a) Pays, either on the individual's own behalf or on behalf	1537
of the other employer or farm operator, the individuals so	1538
furnished by the individual for the service in agricultural labor	1539
performed by them;	1540

(b) Has not entered into a written agreement with the other	1541
employer or farm operator under which the agricultural worker is	1542
designated as in the employ of the other employer or farm	1543
operator.	1544

(2) For the purposes of this chapter, any individual who is a	1545
member of a crew furnished by a crew leader to perform service in	1546
agricultural labor for any other employer or farm operator shall	1547
be treated as an employee of the crew leader if:	1548

(a) The crew leader holds a valid certificate of registration	1549
under the "Farm Labor Contractor Registration Act of 1963," 90	1550
Stat. 2668, 7 U.S.C. 2041; or	1551

(b) Substantially all the members of the crew operate or	1552
maintain tractors, mechanized harvesting or crop-dusting	1553
equipment, or any other mechanized equipment, which is provided by	1554
the crew leader; and	1555

(c) If the individual is not in the employment of the other	1556
employer or farm operator within the meaning of division (B)(1) of	1557
this section.	1558

(3) For the purposes of this division, any individual who is	1559
furnished by a crew leader to perform service in agricultural	1560
labor for any other employer or farm operator and who is not	1561
treated as in the employment of the crew leader under division	1562
(BB)(2) of this section shall be treated as the employee of the	1563
other employer or farm operator and not of the crew leader. The	1564
other employer or farm operator shall be treated as having paid	1565
cash remuneration to the individual in an amount equal to the	1566
amount of cash remuneration paid to the individual by the crew	1567
leader, either on the crew leader's own behalf or on behalf of the	1568
other employer or farm operator, for the service in agricultural	1569
labor performed for the other employer or farm operator.	1570

(CC) "Educational institution" means an institution other	1571
than an institution of higher education as defined in division (Y)	1572
of this section, including an educational institution operated by	1573
an Indian tribe, which:	1574

(1) Offers participants, trainees, or students an organized	1575
course of study or training designed to transfer to them	1576
knowledge, skills, information, doctrines, attitudes, or abilities	1577
from, by, or under the guidance of an instructor or teacher; and	1578

(2) Is approved, chartered, or issued a permit to operate as	1579
a school by the state board of education, other government agency,	1580
or Indian tribe that is authorized within the state to approve,	1581
charter, or issue a permit for the operation of a school.	1582

For the purposes of this division, the courses of study or	1583
training which the institution offers may be academic, technical,	1584
trade, or preparation for gainful employment in a recognized	1585
occupation.	1586

(DD) "Cost savings day" means any unpaid day off from work in	1587
which employees continue to accrue employee benefits which have a	1588
determinable value including, but not limited to, vacation,	1589
pension contribution, sick time, and life and health insurance.	1590

(EE) "Motor transportation company" has the same meaning as	1591
in section 4921.02 of the Revised Code.	1592

Section 2.  That existing sections 119.14, 1349.61, 4111.03,	1593
4121.01, 4123.01, and 4141.01 of the Revised Code are hereby	1594
repealed.	1595

Section 3. The amendments made to sections 4111.03, 4121.01,	1596
4123.01, and 4141.01 of the Revised Code under Section 1 of this	1597
act do not apply to any claim or cause of action pending under	1598
Chapter 4111., 4121., 4123., or 4141. of the Revised Code on the	1599
effective date of this act.	1600

Section 4.  Section 4111.03 of the Revised Code is presented	1601
in this act as a composite of the section as amended by both Sub.	1602
H.B. 187 and Am. Sub. H.B. 690 of the 126th General Assembly. The	1603
General Assembly, applying the principle stated in division (B) of	1604
section 1.52 of the Revised Code that amendments are to be	1605
harmonized if reasonably capable of simultaneous operation, finds	1606
that the composite is the resulting version of the section in	1607
effect prior to the effective date of the section as presented in	1608
this act.	1609