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Independent Contractor Law Enforced

Published: Oct 03, 2017 by Luther Liggett

The Franklin County Court of Appeals has upheld the enforcement of Ohio’s 20-point test, to determine whether a contractor must pay unemployment compensation premiums for employees misclassified as an independent contractor.

The State audited a construction contractor which was performing its labor using independent contractors. The audit determined that the contractor underreported wages by approximately $1 million.

The State reviewed internet records to determine whether the workers had their own businesses registered with the Secretary of State, advertised independently, and used federal tax ID’s separate from individual Social Security numbers.

The State relied on the 20 factors of R.C. 4141.01(B)(2)(k), enacted in 1996 as House Bill 245, Rep. Hodges (R, Swanton).

The Court of Appeals upheld the State’s findings.

BNA Constr. v. Ohio Dept. Job & Family Serv. (10th Dist. Franklin), 2017-Ohio-7227

If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, x-6.