Ohio Code 3309.013 – Exclusions from definition of employee under ORC section 3309.01
(A) As used in this section, “operator” has the same meaning as in section 3314.02 of the Revised Code.
Terms Used In Ohio Code 3309.013
- Employee: means all of the following:
(1) Any person employed by a public employer in a position for which the person is not required to have a registration, certificate, or license issued pursuant to section 3301. See Ohio Code 3309.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(B) “Employee,” as defined in division (B) of section 3309.01 of the Revised Code, does not include either of the following:
(1) Any person initially employed on or after July 1, 2016, by a community school operator and for whom the operator withholds and pays employee and employer taxes pursuant to 26 U.S.C. § 3101(a) and 3111(a) beginning with the first paycheck after commencing initial employment;
(2) Except as provided in division (C) of this section, any person who is a former employee of a community school operator who is reemployed on or after July 1, 2016, by that operator and for whom the operator withholds and pays employee and employer taxes pursuant to 26 U.S.C. § 3101(a) and 3111(a) beginning with the first paycheck after commencing reemployment with that operator.
(C) Division (B)(2) of this section does not apply to any person who was employed by the same operator at any time within the period of July 1, 2015, to June 30, 2016, and whose date of reemployment is before July 1, 2017.
(D) This section applies only to a community school operator that was withholding and paying employee and employer taxes pursuant to 26 U.S.C. § 3101(a) and 3111(a) on or before February 1, 2016, for persons employed in the school.