Use of Independent Contractors.
Columbus City Codes § 377.10
in effect377.10 - Use of Independent Contractors.
(a) If a covered entity utilizes independent contractors to perform work or services on behalf of the covered entity pursuant to, related to, or in furtherance of a financial incentive agreement, including pursuant to a construction contract or any agreement for janitorial, maintenance, repair, property management, or landscaping services at the development location covered by the financial incentive agreement, or under, pursuant to, or in satisfaction of a City contract for services, including a City construction contract, the covered entity shall provide the following information to the Commission:
(1) The total number of employees and the total number of independent contractors that are covered entities and the total number of independent contractors that are individuals utilized by the covered entity to perform work or services pursuant to, related to, or in furtherance of the financial incentive agreement, including pursuant to a construction contract or any agreement for janitorial, maintenance, repair, property management, or landscaping services at the development location covered by the financial incentive agreement, or pursuant to or in satisfaction of a City contract for services, as applicable; provided, however, that in the case of a covered entity that is party to a financial incentive agreement with the City, or that enters into a construction contract or any agreement for janitorial, maintenance, repair, property management, or landscaping services at the development location covered by the financial incentive agreement, this requirement shall apply only with respect to employees and independent contractors that perform construction, janitorial, maintenance, repair, property management, or landscaping services at or for the development location covered by the financial services agreement;
(2) For all independent contractors who are individuals identified by the covered entity pursuant to division (a) of this Section, the covered entity shall provide:
(A) A description of the work or services to be performed;
(B) The rate and frequency of pay;
(C) The duration of the work or services;
(D) A description of benefits provided to the independent contractor(s), if any, and the costs paid for the benefits by the covered entity and/or the worker(s);
(E) A written description and any supporting documents or records indicating the following:
(i) the nature and degree of the covered entity's control;
(ii) the permanency of the worker's relationship with the covered entity;
(iii) the amount of the worker's investment in facilities, equipment or helpers;
(iv) the amount of skill, initiative, judgement or foresight required for the worker's services;
(v) the worker's opportunity for profit and loss;
(vi) the extent of integration of the worker's services into the covered entity's business;
(vii) other information the covered entity considers relevant to whether the worker is properly classified as an independent contractor.
(b) In circumstances under which independent contractors subcontract to other independent contractors, independent contractors of covered entities shall provide to covered entities the same information with regard to said subcontractors as defined in Section 377.10(a). A covered entity receiving such a report shall provide a copy to the Commission within seven (7) days of receipt.
(c) All reports required under this Section shall be provided to the Commission no later than twenty one (21) days following the date on which the independent contractor commences work on behalf of the covered entity.
(d) The Commission may contact employees and independent contractors and/or a covered entity for additional information, including payroll records, necessary or relevant to making the determination in division (e) of this Section. Upon request, a covered entity shall provide additional information requested by the Commission within fourteen (14) days.
(e) If the Commission, or Commission staff reasonably determines that any worker(s) that a covered entity is required to provide reporting on pursuant to division (a)(1) of this Section may have been misclassified as an independent contractor, the Commission, or staff, may refer the worker(s) and/or the matter to the United States Department of Labor, the Ohio Department of Commerce, or any other appropriate entity for further investigation.
(f) The Commission shall make forms available for providing information and reports related to the use of purported independent contractors.
(g) A final determination by the Commission that a covered entity has violated any of the reporting provisions of this Section shall constitute an adverse determination and shall result in the covered entity being placed upon the adverse determination list.
(Ord. No. 2401-2024, § 1, 9-16-2024)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT3FITACO_CH377LACO_377.10USINCOFetched: 10/27/2026