Independent Contractors: Ohio
Federal law and guidance on this subject should be reviewed together with this section.
Author: Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP
- Ohio courts have established their own standard for determining whether an individual is an independent contractor. The courts consider a variety of factors to determine who has "the right to control the manner or means of doing the work." See Determining Whether a Worker Is an Employee or an Independent Contractor.
- For purposes of the minimum wage, Ohio law states that Ohio's definition of "employee" and "independent contractor" have the same meaning as under the Fair Labor Standards Act. Ohio's workers' compensation and unemployment compensation laws also provide their own definitions of "employee." See Determining Whether a Worker Is an Employee or an Independent Contractor.
- Being defined as an independent contractor can affect several aspects of the employment relationship, including whether the employer must pay the individual the minimum wage and/or overtime; whether the employer may be liable for certain torts committed by the individual; whether an employer must withhold payroll taxes from the individual's compensation; and whether an employer must contribute to the state workers' compensation fund on the individual's behalf. See Aspects of the Employment Relationship.