2006 Ohio Revised Code - 4111.01. Definitions.

§ 4111.01. Definitions.
 

As used in sections 4111.01 to 4111.17 of the Revised Code: 

(A) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to the deductions, charges, or allowances permitted by rules of the director of commerce under section 4111.05 of the Revised Code. "Wage" includes an employee's commissions of which the employee's employer keeps a record, but does not include gratuities, except as provided by rules issued under section 4111.05 of the Revised Code. 

"Wage" also includes the reasonable cost to the employer of furnishing to an employee board, lodging, or other facilities, if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees. The cost of board, lodging, or other facilities shall not be included as part of wage to the extent excluded therefrom under the terms of a bona fide collective bargaining agreement applicable to the employee. 

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

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

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

(1) Any individual employed by the United States; 

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

(3) Any individual engaged in the delivery of newspapers to the consumer; 

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

(5) Any employee employed in agriculture if the employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred worker-days of agricultural labor, or if the employee is the parent, spouse, child, or other member of the employer's immediate family; 

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

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

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

(9) Any individual employed directly by the house of representatives or directly by the senate. 

(E) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are employed. 
 

HISTORY: 135 v H 201 (Eff 1-1-74); 138 v H 289 (Eff 10-31-79); 143 v H 446 (Eff 9-25-90); 145 v S 134 (Eff 6-20-94); 146 v S 162 (Eff 10-29-95); 147 v H 215 (Eff 9-29-97); 148 v H 471. Eff 7-1-2000.
 

Not analogous to former RC § 4111.01 (GC § 154-45d; 115 v 502; Bureau of Code Revision, 10-1-53; 135 v S 1) repealed 135 v H 201, § 2, eff 1-1-74.

The effective date is set by section 12(A) of HB 471.