There are some conflicts between Ohio laws for independent contractors and the protections afforded by the Fair Labor Standards Act (FLSA). For example, independent contractors in Ohio are exempt from certain protections of the FLSA, like minimum wage and overtime regulations. To determine what standards apply to you, you must determine whether you are an employee under the FLSA or an independent contractor subject to Ohio laws.
Ohio Independent Contractor Law – Classifying An Independent Contractor
It is extremely helpful to understand the difference between a standard employer/employee relationship and the elements that create an independent contractor. The status of your employment as an employee or an independent contractor will affect what laws apply to your employment.
An employer/employee relationship, according to the FLSA, “must be distinguished from a strictly contractual one.” There is no singular rule or test that determines if someone is an independent contractor or an employee. However, some of the factors that the U.S. Supreme Court consider significant in determining if someone is an employee or an independent contractor include:
- The degree of independent business organization and operation of the independent contractor/employee;
- The overall permanency of the relationship between individuals;
- The alleged contractor’s investment in facilities and equipment, if any;
- The general extent to which the services provided are an integral part of the business; and
- The amount of control the employer/business has over the independent contractor/employee.
Essentially, an independent contractor is “engaged in a business of his or her own.” These factors will vary for each individual. According to the Ohio Department of Job and Family Services, an independent contractor is someone who is “under contract to perform a special service for an employer.” In the case of things like unemployment insurance tax reporting for Ohio independent contractor law, you as an independent contractor are excluded from things such as being able to claim unemployment insurance. Additionally, an independent contractor’s employment usually has a set term and is not considered indefinite.
For further questions on how to determine whether you are subject to FLSA or independent contractor laws, please contact the Friedmann Firm LLC for a free consultation.
The Friedmann Firm LLC is based in Columbus, Ohio and their independent contractor lawyers offer free and confidential consultations. You can get in contact with an independent contractor lawyer online or at 614-610-9755.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.