Cera Supports Measure To Crack Down On Employee Misclassification
Legislation will streamline tax code for employee withholding, end illegal workforce practices
October 14, 2015
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State Rep. Jack Cera (D-Bellaire) today announced support for House Bill 355 (HB 355), a measure aimed at streamlining the Ohio tax code regarding employee withholding. The legislation would prevent employee misclassification by creating a more uniform definition of the word “employee.”

“There have been a number of projects in eastern Ohio where local companies and workers are being excluded due to the misuse of labor law classifications by out-of-state companies, and at times, by the use of undocumented workers,” said Cera. “HB 355 would allow violations to be reported and stop-work orders handed down to companies who are skirting the law. Hardworking Ohioans deserve a level playing field and I believe HB 355 will help halt illegal workforce practices.”

HB 355 would align definitions of “employee” and “1099 contractor” in Ohio law under the definitions used by the Internal Revenue Service, thus providing employers with one means for determining withholdings for federal and state income taxes, unemployment taxes and workers’ compensation rates.

The bill clarifies the distinction between employees and independent contractors, streamlines the rule and enforcement process which will make it easier to report fraud, and protects Ohio companies and workers from unfair competition from out of state companies skirting labor law classifications.

House Bill 355 is currently awaiting committee assignment in the Ohio House. 

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