“The Ohio Supreme Court has adopted the “right to control” test for determining whether an individual is an employee or independent contractor. Under this test, if the person for whom the services are performed retains the right to control the manner and means by which to accomplish the desired result, the person performing the service is an employee. Conversely, if the person for whom the services are performed reserves control only as to the result or end to be achieved, the person performing the services is an independent contractor.
The following factors have been used to determine whether the person for whom the services are performed has the right to control an individual’s activities:
A. Behavioral control
Facts that show whether the business has a right to direct and control, including a) instructions to an individual regarding when, where, and how to work; what tools or equipment to use; what workers to hire or assist with the work; where to purchase supplies and services; what work must be performed by a specified individual; and what order or sequence to follow; and b) training to perform services in a particular manner.”
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Our author, Paul L. Bittner, is a partner and vice chair of Ice Miller LLP’s Labor and Employment Group. He practices in labor and employment law. He achieved the highest rating in the Martindale-Hubbell Law Directory. Mr. Bittner is a member of the Wage and Hour Defense Institute, providing counsel to employers on all aspects of wage and hour compliance.
Agenda
Faculty
Paul L. Bittner
Ice Miller LLP
- Partner and vice chair of Ice Miller LLP’s Labor and Employment Group
- Practices in labor and employment law
- Achieved the highest rating in the Martindale-Hubbell Law Directory
- The Best Lawyers in America, Labor and Employment Law, 2010 to 2016
- Ohio Super Lawyers, 2009, 2012 to 2015; Rising Star, 2005 to 2007
- Super Lawyers Corporate Counsel Edition®, 2009, 2010
- Member of the Wage and Hour Defense Institute, providing counsel to employers on all aspects of wage and hour compliance
- J.D. degree, The Ohio State University Moritz College of Law; B.A. degree, Capital University
- Can be contacted at 614-462-2228 or [email protected]
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