Ohio Independent Contractor question

[sm325]

Need to find laws re: independent contractor vs. an employee for Ohio.
Fiancee' is called a subcontractor who has a pay date of every 2 weeks and has not recieved his final check in which 2 pay periods have went by. I need to know the proper procedure for employers paying a subcontractor vs an employee, as he is paid hourly with no taxes out, had company credit cards, access to company vehicles and because this employer seems to do what he wants as far as subtracting monies on jobs. We cannot afford an attorney and DOL seems an awful harsh way to go.

[Pattymd]

If he actually should have been classified as an employee, the state Dept. of Labor will take the claim for unpaid wages. There are a number of factors to take into consideration to make this decision. He should contact the DOL and discuss his status with them.

However, if he was correctly classified as an independent contractor, the DOL will not take the claim. He would have to file a civil suit; however the amount may be low enough to qualify him to file in small claims court, which is pretty inexpensive to do.

[sm325]

Thank you for your response Pattymd.
Is there somewhere or some way his classification can be checked without going through the DOL?
I have called them before and they were not of any assistance helping me clarify this.

[Pattymd]

Well, here is the general IRS definition: http://www.irs.gov/charities/article...131136,00.html

And here is the federal Dept. of Labor's:
http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm

Hope these help.

[sm325]

A huge THANK YOU Pattymd.....those were of great help to me.