reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.07 | Non-Lawyer Representatives - Commission or Representative Fees Prohibited.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) The unemployment compensation review commission, by rule, may authorize persons other than ones who are admitted to the practice of law also to appear before the commission in any kind of proceeding as representatives of employers or claimants. The commission may prescribe in any rule so adopted the minimum qualifications for such agents and such minimum standards of practice as are appropriate.
Notwithstanding section 119.13 of the Revised Code, the representation of parties before the commission by a person not admitted to the practice of law does not impair or invalidate a proceeding for the purpose of a subsequent appeal to a court or for any other purpose where a party knowingly selects representation by a person not admitted to the practice of law.
(B) No individual claiming benefits shall be charged fees of any kind in any proceeding under sections 4141.01 to 4141.46 of the Revised Code, by the commission or its representatives. Any individual claiming benefits or any employer may represent themselves personally or be represented by a person admitted to the practice of law or by a person not admitted to the practice of law in any proceeding under this chapter before the director of job and family services, or, before the commission or a hearing officer; but no such counsel or agent representing an individual claiming benefits shall either charge or receive for such services more than an amount approved by the commission.
No person shall charge or receive anything of value in violation of this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.10 | Unemployment Compensation Administration Fund.

Effective:
July 1, 2000
Latest Legislation:
House Bill 470 - 123rd General Assembly
(A) There is hereby created the unemployment compensation administration fund as a special fund in the state treasury. All moneys that are deposited or paid into this fund are available to the director of job and family services only for the administration of this chapter. All moneys in this fund that are received from the United States or any agency thereof or that are appropriated by this state for the purposes described in section 4141.04 of the Revised Code, shall be expended solely for the purposes and in the amounts found necessary by the proper agency of the United States for the proper and efficient administration of this chapter. The fund shall consist of all moneys appropriated by this state, and all moneys received from the United States or any agency thereof, including the proper agency of the United States, the railroad retirement board, and the United States department of labor, or from any other source, for such purpose, except that moneys received from the railroad retirement board as compensation for services or facilities supplied to that board shall be paid into this fund on the same basis as expenditures are made for such services or facilities from such fund and account. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are other special funds in the state treasury. The treasurer of state is liable on the treasurer of state's official bond for the faithful performance of the treasurer of state's duties in connection with this fund. Any balances in this fund shall not lapse at any time, but shall be continuously available to the director for expenditure.
(B) If any moneys received from the proper agency of the United States under Title III of the "Social Security Act," or any unencumbered balances in the fund as of that date, or any moneys granted to this state pursuant to the Wagner-Peyser acts, or any moneys made available by this state or its political subdivisions and matched by such moneys granted to this state pursuant to the Wagner-Peyser acts are found by the proper agency of the United States because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those found necessary by the proper agency of the United States for the proper administration of this chapter, such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in division (A) of this section. Upon receipt of notice of such a finding by the proper agency of the United States, the director shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity submit to the general assembly a request for the appropriation of such amount.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.11 | Unemployment Compensation Special Administrative Fund.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
There is hereby created in the state treasury the unemployment compensation special administrative fund. The fund shall consist of all interest collected on delinquent contributions pursuant to this chapter, all fines and forfeitures collected under this chapter, all money received from the sale of real property under section 4141.131 of the Revised Code, the amount required under division (A)(4) of section 4141.35 of the Revised Code, and all court costs and interest paid or collected in connection with the repayment of fraudulently obtained benefits pursuant to section 4141.35 of the Revised Code. All interest earned on the money in the fund shall be retained in the fund and shall not be credited or transferred to any other fund or account, except as provided in division (B) of this section. All moneys which are deposited or paid into this fund may be used by:
(A) The director of job and family services whenever it appears that such use is necessary for:
(1) The proper administration of this chapter and no federal funds are available for the specific purpose for which the expenditure is to be made, provided the moneys are not substituted for appropriations from federal funds, which in the absence of such moneys would be available;
(2) The proper administration of this chapter for which purpose appropriations from federal funds have been requested and approved but not received, provided the fund would be reimbursed upon receipt of the federal appropriation;
(3) To the extent possible, the repayment to the unemployment compensation administration fund of moneys found by the proper agency of the United States to have been lost or expended for purposes other than, or an amount in excess of, those found necessary by the proper agency of the United States for the administration of this chapter.
(B) The director or the director's deputy whenever it appears that such use is necessary for the payment of refunds or adjustments of interest, fines, forfeitures, or court costs erroneously collected and paid into this fund pursuant to this chapter.
(C) The director, to pay state disaster unemployment benefits pursuant to section 4141.292 of the Revised Code.
(D) The director, to pay any costs attributable to the director that are associated with the sale of real property under section 4141.131 of the Revised Code.
Whenever the balance in the unemployment compensation special administrative fund is considered to be excessive by the director, the director shall request the director of budget and management to transfer to the unemployment compensation fund the amount considered to be excessive. Any balance in the unemployment compensation special administrative fund shall not lapse at any time, but shall be continuously available to the director of job and family services for expenditures consistent with this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.131 | Sale of Real Property.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The director of job and family services may enter into contracts for the sale of real property no longer needed by the director of job and family services for the operations of the director of job and family services under this title. Any costs attributable to the director of job and family services that are associated with the sale of real property under this section shall be paid out of the unemployment compensation special administrative fund established pursuant to section 4141.11 of the Revised Code. The director of job and family services shall submit a report summarizing the use of that fund for the purpose of this section at least annually to the unemployment compensation advisory council as prescribed by the council.
The director of administrative services, with the assistance of the attorney general, shall prepare a deed to the real property being sold upon notice from the director of job and family services that a contract for the sale of that property has been executed in accordance with this section. The deed shall state the consideration and any conditions placed upon the sale. The deed shall be executed by the governor in the name of the state, countersigned by the secretary of state, sealed with the great seal of the state, presented in the office of the director of administrative services for recording, and delivered to the buyer upon payment of the balance of the purchase price.
The buyer shall present the deed for recording in the county recorder's office of the county in which the real property is located.
Last updated August 24, 2021 at 2:09 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.14 | Rules of Director Subject to Approval of Unemployment Compensation Review Commission.

Effective:
September 17, 2014
Latest Legislation:
Senate Bill 3 - 130th General Assembly
All rules of the director of the department of job and family services adopted pursuant to this chapter shall be approved by the unemployment compensation review commission before the rules become effective. All such rules shall specify on their face their effective date and the date on which they will expire, if known. Approval by the unemployment compensation review commission shall also be required before amendments to, or rescission of, any rules of the director adopted pursuant to this chapter become effective. If the commission disapproves a rule of the director, it shall determine and promulgate a rule that it considers appropriate after affording a hearing to the director.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.163 | Income Verification for Federal Benefit Programs.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 302 - 134th General Assembly
(A) For any federal program administered by the director of job and family services in a manner similar to this chapter that provides money payments for loss of remuneration for services performed under any contract of hire that is not employment as defined in section 4141.01 of the Revised Code, the director of job and family services shall establish a verification system for the program that verifies whether an individual has filed annual returns using records maintained by the tax commissioner under Chapter 5747. of the Revised Code.
(B) The director shall enter a data sharing agreement with the commissioner allowing the director to furnish to the tax commissioner the name, social security number, and any additional information required by the commissioner for an individual who applies for payments under a program described in division (A) of this section. The director may request information from the commissioner regarding whether such an individual has filed an annual return with respect to the tax imposed by section 5747.02 of the Revised Code. The director may request the information for the most recent taxable year, as that term is defined in section 5747.01 of the Revised Code, for which an annual return was due or either of the two preceding taxable years.
On receiving the request, the commissioner shall provide to the director the requested information. The commissioner shall inform the director if the commissioner is unable to provide any portion of the requested information.
(C) This section does not apply to a federal program for which income verification is not required.
Last updated March 22, 2023 at 3:59 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.17 | Oaths, Depositions, and Subpoenas.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
The director of job and family services and the unemployment compensation review commission may administer oaths, certify to official acts, take depositions, issue subpoenas, and compel the attendance and testimony of witnesses and the production of books, accounts, papers, records, documents, and testimony in connection with the administration of this chapter.
In case of the refusal of a witness to attend or testify, or to produce books or papers, as to any matter regarding which the witness might be lawfully interrogated in the administration of this chapter, the court of common pleas of the county in which the person resides or is found, the court of appeals that has jurisdiction over the county in which the person resides or is found, or a judge thereof, upon application of the director or commission, shall compel obedience by proceedings as for contempt as in case of like refusal to obey a similar order of the court.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.18 | Employer Shall Keep Employment Record.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
Every employer, whether or not otherwise subject to this chapter, shall keep a true and accurate employment record of all the employer's employees, whether qualified and eligible to benefits or not, and of the hours worked by each employee and of the wages paid to the employee, and shall furnish to the director of job and family services upon demand a sworn statement of the same. Such record shall be open to inspection by the director or the director's authorized representatives at any reasonable time.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.21 | Information Maintained by or Furnished Director Not Open to Public - Publication in Statistical Form.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as provided in this section and sections 4141.162 and 4141.211 of the Revised Code, and subject to section 4141.43 of the Revised Code, the information maintained by the director of job and family services or the unemployment compensation review commission or furnished to the director or commission by employers or employees pursuant to this chapter is for the exclusive use and information of the department of job and family services and the commission in the discharge of their duties and shall not be disclosed. Such information is not a public record under section 149.43 of the Revised Code.
(B) Information protected from disclosure under division (A) of this section may be tabulated and published in statistical form for the use and information of the state departments and the public.
Last updated August 23, 2023 at 1:22 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.22 | Divulging Information.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) No person shall disclose any information that was maintained by the director of job and family services or the unemployment compensation review commission or that was furnished to the director or the commission by employers or employees pursuant to this chapter, unless such disclosure is permitted under section 4141.21 or 4141.211 of the Revised Code.
(B) No person in the employ of the director, a county family services agency, a workforce development agency, or the commission, or who has been in the employ of the director, those agencies, or the commission, at any time, shall divulge any information maintained by or furnished to the director or the commission under this chapter and secured by the person while so employed, in respect to the transactions, property, business, or mechanical, chemical, or other industrial process of any person, firm, corporation, association, or partnership to any person other than the director or other employees of the department of job and family services or, a county family services agency, workforce development agency, or the commission, as required by the person's duties, or to other persons as authorized by the director under section 4141.43 of the Revised Code.
Whoever violates this section shall be disqualified from holding any appointment or employment by the director, a county family services agency, a workforce development agency, or the commission.
Last updated September 1, 2023 at 9:36 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.231 | Satisfying Employer's Deficiency.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) If the director of job and family services determines that an employer is liable for unemployment compensation contributions or payments in lieu of contributions, interest, forfeitures, or fines totaling an amount that exceeds one thousand dollars which remain due and unpaid for thirty days or more and no part of the amount due is the subject of an appeal under this chapter, the director may certify this determination to the director of budget and management. If the director of budget and management, upon receipt of the director of job and family services' determination, determines that the employer is a person who has provided goods or services to this state for which amounts are to be approved for payment pursuant to section 126.07 of the Revised Code, the director of budget and management shall, in approving payments to the person under that section, withhold from amounts otherwise payable to the person, the amount of unemployment compensation contributions or payments in lieu of contributions, interest, forfeitures, or fines due and unpaid as certified by the director of job and family services, and shall approve for payment to the director of job and family services, the amount withheld.
(B) The director of job and family services shall deposit amounts received under division (A) of this section into the clearing account established pursuant to division (C) of section 4141.09 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.251 | Unemployment Compensation Interest Contingency Fund.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(A) Beginning October 1, 2016, if the director of job and family services has paid interest charged under section 1202(b) of the "Social Security Act," 42 U.S.C. 1322(b), for an advance made to the state under section 1201 of the "Social Security Act," 42 U.S.C. 1321, from the unemployment compensation interest contingency fund created in this section, the director shall require each contributory employer to pay a surcharge in accordance with this section.
(B) If division (A) of this section applies, the director shall determine the amount of a surcharge to assess against each contributory employer that generates an amount not greater in the aggregate than the amount sufficient to repay the fund for the amount of that interest paid. The director shall determine the amount of the surcharge on a flat rate basis.
(C) The director shall collect any surcharge due under this section at the same time and in the same manner as contributions due under section 4141.25 of the Revised Code. The director shall provide notice to each employer subject to a surcharge under this section, either upon the quarterly contribution report due from each employer under section 4141.20 of the Revised Code or by other appropriate notice, a separate listing of the amount of any surcharge due under this section. Surcharge payments made pursuant to this section shall not be used to satisfy an employer's contribution obligations under section 4141.25 of the Revised Code.
(D) If an employer makes a payment that is insufficient to pay the amount of contributions due under this chapter and the amount of a surcharge due under this section, the partial payment shall be applied first against the surcharge due under this section. The director shall apply any remaining amounts from the partial payment in the following order:
(1) Against any mutualized contributions due under this chapter;
(2) To the credit of the employer's individual account;
(3) Against any interest, forfeiture, and fines due under this chapter.
(E) Any surcharge due from an employer under this section, if not paid when due, shall be treated the same as delinquent contributions under section 4141.23 of the Revised Code. Any forfeiture or interest payments associated with the collection of the surcharge shall be deposited consistent with forfeiture and interest associated with contributions, pursuant to section 4141.11 of the Revised Code.
(F) There is hereby created in the state treasury the unemployment compensation interest contingency fund. The fund shall be used to pay interest charged under section 1202(b) of the "Social Security Act," 42 U.S.C. 1322(b) on advances made to the state under section 1201 of the "Social Security Act," 42 U.S.C. 1321. Any interest earned on the money in the fund shall be retained in the fund. The director shall deposit amounts received pursuant to the surcharge assessed under this section in the fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.285 | Unemployment Caused by Major Disaster.

Effective:
October 31, 2001
Latest Legislation:
Senate Bill 99 - 124th General Assembly
Where a claim for benefits is directly attributable to unemployment caused by a major disaster, as declared by the president of the United States pursuant to the "Disaster Relief Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual filing the claim would otherwise have been eligible for disaster unemployment assistance under that act, then upon application by the employer, any benefits paid on the claim shall not be charged to the account of the employer who would have been charged on that claim but instead shall be charged to the mutualized account described in section 4141.25 of the Revised Code, provided that this division is not applicable to an employer electing reimbursing status under section 4141.241 of the Revised Code, except reimbursing employers for whom benefit charges are charged to the mutualized account pursuant to division (D)(2) of section 4141.24 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.286 | Mandatory Checks for Determining Benefit Rights and Eligibility.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
When determining whether an application for determination of benefit rights is valid or determining whether a first claim or additional claim for benefits allows a claimant to qualify for benefits, in addition to other information available, the director of job and family services shall do all of the following:
(A) Check the new hires directory maintained by the department of job and family services under section 3121.894 of the Revised Code for a new hire report applicable to the claimant;
(B) Check the information in the national directory of new hires that is made available to the director under section 453 of the "Social Security Act," 42 U.S.C. 653, for the purpose of administering this chapter;
(C) Check the integrity data hub maintained by the national association of state workforce agencies or a similar database maintained by a successor organization.
Last updated September 16, 2021 at 11:23 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.287 | Data Matching - Incarcerated Individuals.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 302 - 134th General Assembly
The director of job and family services shall enter into a data matching agreement with the department of rehabilitation and correction. The agreement shall require the director of rehabilitation and correction to provide the director of job and family services with a searchable list, updated weekly, identifying all persons committed to the several institutions governed by the department of rehabilitation and correction.
In addition to other information available, the director of job and family services shall check the list provided under this section when determining whether an application for determination of benefit rights or a claim for benefits is valid.
Last updated March 22, 2023 at 4:07 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.288 | Data Matching - Death Records.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 302 - 134th General Assembly
The director of job and family services shall enter into a data matching agreement with the director of health under which the director of health shall allow the director of job and family services to match death records maintained in accordance with section 3705.02 of the Revised Code.
The director of job and family services shall check the death records when determining whether an application for determination of benefit rights or claim for benefits is valid.
Last updated March 22, 2023 at 4:08 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.291 | Voluntarily Quitting to Accept Recall.

Effective:
November 26, 1997
Latest Legislation:
House Bill 478 - 122nd General Assembly
(A) Notwithstanding section 4141.29 of the Revised Code, an individual who voluntarily quits work:
(1) To accept a recall from a prior employer and establishes that the refusal or failure to accept the recall would have resulted in a substantial loss of employment rights, benefits, or pension, under a labor-management agreement or company policy;
(2) To accept a recall to employment from a prior employer and cannot establish that a substantial loss of employment rights, benefits, or pension was involved in the recall, or to accept other employment subject to this chapter, or the unemployment compensation act of another state, or of the United States, where the individual obtains such employment while still employed or commences such employment within seven calendar days after the last day of employment with the prior employer, and subsequent to the last day of the employment with the prior employer, works three weeks in the new employment and earns wages equal to one and one-half times the individual's average weekly wage or one hundred eighty dollars, whichever is less;
(3) Shall, under the conditions specified in either division (A)(1) or (2) of this section, remove the disqualification imposed by division (D)(2)(a) of section 4141.29 of the Revised Code and shall be deemed to have fully complied with division (G) of such section.
(B) Benefits which may become payable to such individual because of the individual's subsequent separation from the employer who recalled that individual shall be charged to employer accounts as provided in division (D) of section 4141.24 of the Revised Code.
(C) Any benefits which would be chargeable to the account of the employer from whom such individual voluntarily quit to accept such recall or other employment which are not chargeable to the recalling employer as provided in this section shall be charged to the mutualized account provided in section 4141.25 of the Revised Code; except that any benefits chargeable to the account of a reimbursing employer under this division shall be charged to the account of the reimbursing employer and not the mutualized account, except as provided in division (D)(2) of section 4141.24 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.292 | State Disaster Unemployment Benefit Payment.

Effective:
September 5, 2005
Latest Legislation:
Senate Bill 81 - 126th General Assembly
An individual suffering total or partial unemployment directly attributable to a major disaster declared by the president of the United States pursuant to the "Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C. 5121, who is not eligible to be paid unemployment compensation benefits under this chapter or any other state or federal unemployment compensation law for the first week of the individual's unemployment caused by the disaster is eligible to be paid a state disaster unemployment benefit payment for that week.
The director shall compute the state disaster unemployment benefit payment as if the individual was otherwise qualified and claiming weekly unemployment compensation benefits under this chapter. The director shall pay the state disaster unemployment benefit payment from the unemployment compensation special administrative fund created in section 4141.11 of the Revised Code. The director shall maintain appropriate records of payments made under this section and shall submit those records at least annually to the unemployment compensation advisory council as prescribed by the council.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.293 | Participation in Learn to Earn Program.

Effective:
September 24, 2012
Latest Legislation:
Senate Bill 316 - 129th General Assembly
(A) As used in this section, "learn to earn program" means any program established by the department of job and family services that offers a structured, supervised training opportunity to an eligible unemployment compensation claimant with a designated worksite training provider.
(B) Participation in a learn to earn program is voluntary.
(C) If a learn to earn program participant is otherwise eligible for unemployment compensation benefits, the participant shall continue to receive unemployment compensation benefits pursuant to this chapter during participation in the program.
(D) A participant in a learn to earn program shall be registered at an employment office or other registration place maintained or designated by the director of job and family services according to the procedure set forth in division (A)(3) of section 4141.29 of the Revised Code.
(E) A learn to earn program participant may participate in a learn to earn program for a period not to exceed twenty-four hours a week for a maximum of six weeks.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.302 | Direct Deposit.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 302 - 134th General Assembly
If the director of job and family services establishes a direct deposit system under which an individual may agree to benefits being disbursed through electronic transfer to an account in a financial institution designated by the individual, the director shall make disbursements only to a financial institution that has a physical location in this state that the individual can access for the purpose of resolving disputes with the institution. This section does not prohibit the director from establishing other systems for disbursing benefits.
Last updated March 22, 2023 at 4:09 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.312 | Benefits Reduced by Amount of Governmental Payments Based on Individual's Previous Work. - Social Security.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
(A) Except as otherwise specified in division (B) of this section, the amount of benefits payable to a claimant for any week with respect to which the claimant is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment which is based on the previous work of the individual, shall be reduced by an amount equal to the amount of the pension, retirement or retired pay, annuity or other payment which is reasonably attributable to that week, except that the requirements for this division shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if both of the following apply:
(1) The payment is under a plan maintained or contributed to by a base period employer or chargeable employer.
(2) In the case of a payment under a plan not made under the "Social Security Act," 42 U.S.C. 401 et seq., or the "Railroad Retirement Act of 1974," 45 U.S.C. 231 et seq., or the corresponding provisions of prior law, services performed for such employer by the individual after the beginning of the base period, or remuneration for such services, affect eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity, or similar payment.
(B) If a claimant has made a contribution to social security pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and that claimant is receiving a retirement payment pursuant to that act, the claimant's weekly benefit shall not be reduced by the amount of that retirement payment because the claimant contributed to social security.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.32 | No Waiver or Assignment of Benefits.

Effective:
September 22, 1982
Latest Legislation:
House Bill 940 - 114th General Assembly
Except as permitted by Chapter 4141. of the Revised Code:
(A) No agreement by an employee to waive his right to benefits is valid, nor shall benefits be assigned, released, or commuted; and
(B) Such benefits are exempt from all claims of creditors and from levy, execution, garnishment, attachment, and all other process or remedy for recovery or collection of a debt, which exemption may not be waived.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.321 | Federal Income Tax Deducted or Withheld.

Effective:
March 31, 2021
Latest Legislation:
Senate Bill 18 - 134th General Assembly
(A) The director of job and family services shall inform an individual who files an application for determination of benefit rights of all of the following at the time the individual files the application:
(1) Unemployment compensation is subject to federal and state income taxes;
(2) Requirements exist pertaining to estimated tax payments;
(3) An individual may elect to have federal and state income taxes deducted and withheld from the unemployment compensation benefits payable to that individual in the amounts required under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq. and section 5747.065 of the Revised Code;
(4) An individual may change the withholding status the individual has previously elected once during the individual's benefit year.
(B) If the individual makes the election under division (A)(3) of this section, the director shall deduct and withhold from unemployment compensation benefits payable to an individual federal income tax in the amount specified in the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., and state income tax as required under section 5747.065 of the Revised Code.
(C) In deducting federal income tax under division (B) of this section, the director shall comply with the procedures specified by the United States department of labor and the internal revenue service that pertain to the deducting and withholding of income tax. The director shall adopt rules establishing priorities for the deduction and withholding of federal income tax amounts under division (B) of this section.
(D) Federal income tax deducted and withheld pursuant to division (B) of this section shall remain in the unemployment compensation fund until transferred to the internal revenue service as a payment of income tax.
Last updated April 20, 2021 at 1:58 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.34 | Employer Complaint System.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 302 - 134th General Assembly
The director of job and family services shall establish and maintain a process for an employer to report that an applicant for or recipient of benefits has failed or is failing to meet any of the eligibility requirements described in division (A) of section 4141.29 of the Revised Code. The process shall allow an employer to make a complaint through a conspicuous internet link located on the internet web site maintained by the department of job and family services. The director shall review all complaints received through this process in a timely manner.
Last updated March 22, 2023 at 4:10 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.36 | Deductions From Salaries Not Permitted Except for Private Benefits.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
No agreement by an employee to pay any portion of the contribution or other payment required to be made by his employer under sections 4141.01 to 4141.46, inclusive, of the Revised Code, is valid. No employer shall make a deduction for such purposes from the remuneration or salary of any individual in this employ. Such sections do not affect the validity of private voluntary arrangements or plans by which employees individually or collectively agree to make payments for the purpose of securing private unemployment benefits in addition to the benefits provided by sections 4141.01 to 4141.46, inclusive, of the Revised Code, or the validity of private arrangements or plans under which employers make payments for such purpose. Private unemployment benefits paid under such arrangements or plans are not compensation for personal services under sections 4141.01 to 4141.46, inclusive, of the Revised Code, and benefits otherwise payable under such sections shall not be denied or reduced because of the receipt of private unemployment benefits under such arrangements or plans. The provisions in sections 4141.35 and 4141.36 of the Revised Code pertaining to private arrangements or plans under which employers or employees contribute for the purpose of providing private unemployment benefits in addition to the benefits provided by sections 4141.01 to 4141.46, inclusive, of the Revised Code, apply to all applications and proceedings, including those pending on June 19, 1959 or thereafter instituted.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.37 | Compliance by Firm or Corporation Mandatory.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each member of a firm and the president, secretary, general manager, and managing agent of every corporation subject to sections 4141.01 to 4141.46, inclusive, of the Revised Code, shall cause such firm or corporation to comply with such sections.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.38 | Prohibition Against Failure to Make Reports or Pay Contributions.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
No person or no member of a firm or no president, secretary, general manager, or managing agent of a corporation, subject to this chapter, shall fail to comply with such sections relating to the making of reports or the payment of contributions to the unemployment compensation fund.
Any fine collected for a violation of this section shall be paid to the director of job and family services and placed in such fund.
Each day's failure on the part of such person, member of a firm, or officer of a corporation to comply with such sections, after notice to such person, firm, or corporation from the director, constitutes a separate offense.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.39 | Injunction.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) Any interested party may enjoin the further operation of an employer who has failed to pay the contributions or to make payments in lieu of contributions as required under this chapter. The procedure to obtain an injunction is governed by Chapter 2727. of the Revised Code and the right to such relief is in addition to the rights described in section 2727.02 of the Revised Code.
(B)(1) No construction contractor or subcontractor who, on the date of entering into a construction contract has failed to pay contributions or to make payments in lieu of contributions as required under this chapter for a minimum of nine consecutive months, may bring an action to enforce rights arising from that construction contract.
(2) Nothing in this section shall require the surety of a contractor or subcontractor described in division (B)(1) of this section to make payment of any contributions or payments in lieu of contributions as required under this chapter for that contractor or subcontractor, or affect the surety's rights in the event that the contractor or subcontractor is in default or is declared by an obligee to be in default of its contractual obligations.
(C) As used in this section:
(1) "Interested party" means either of the following:
(a) The attorney general;
(b) The director of job and family services.
(2) "Construction contract" means any oral or written agreement involving any activity in connection with the erection, alteration, repair, replacement, renovation, installation, or demolition of any building, structure, highway, or bridge.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.40 | Prohibition Against Violations Not Otherwise Specified.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
No employer, employee, or other person shall violate this chapter, or do any act prohibited by such chapter, or fail to perform any duty lawfully enjoined, within the time prescribed by the director of job and family services, for which no penalty has been specifically provided, or fail to obey any lawful order given or made by the director or any judgment or decree made by any court in connection with such sections. Every day during which any person or corporation, or any officer, agent, or employee thereof, fails to comply with any order of the director or to perform any duty enjoined by this chapter, constitutes a separate violation of such order or of such chapter.
Last updated March 7, 2022 at 2:57 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.41 | Secretary of State Is Agent of Employer for Service of Process - Comity Between States.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
Any nonresident employer who exercises the privilege of having one or more individuals perform personal services for the nonresident employer within this state and any resident employer who exercises that privilege and thereafter removes from this state shall be deemed thereby to appoint the secretary of state as the employer's agent and attorney for the acceptance of process in any civil action under this section. The director of job and family services in instituting an action against any such employer shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such employer, and shall be of the same force and validity as if served upon the employer personally within this state; provided the director shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered mail, return receipt requested, to such employer at the employer's last known address, and such return receipt, the director's affidavit of compliance with this section, and the copy of the notice of service shall be appended to the original of the process filed in the court in which such civil action is pending. The court in which such action is pending may grant continuances to afford such employer a reasonable opportunity to defend the employer's interests.
The courts of this state shall recognize and enforce liabilities for unemployment contributions imposed by other states which extend a like comity to this state.
The attorney general may commence action in any other jurisdiction by and in the name of the director to collect unemployment contributions, forfeitures, and interest legally due this state. The officials of other states which extend a like comity to this state may sue for the collection of such contributions in the courts of this state. A certificate by the secretary of state under the great seal of the state that such officers of the department as designated by the director have authority to collect the unemployment contributions shall be conclusive evidence of such authority.
No person residing in this state shall willfully make a false statement or representation or knowingly fail to disclose a material fact to obtain or increase benefits or payments under the unemployment insurance law of any other state.
The attorney general may commence action in this state as agent for or on behalf of any other state to enforce judgments and liabilities for unemployment insurance taxes or contributions due such other state if such other state extends a like comity to this state.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4141 | Unemployment Compensation › Section 4141.42 | Reciprocal Agreements to Determining Liability for Payment of Employer Contributions.

Effective:
September 28, 2018
Latest Legislation:
House Bill 133 - 132nd General Assembly
( A) As used in this section, "critical infrastructure," "disaster response period," "disaster work," and " qualifying employee" have the same meanings as in section 5703.94 of the Revised Code.
(B ) The director of job and family services may enter into reciprocal agreements with departments charged with the administration of the unemployment compensation law of any other state or the United States or Canada for the purpose of determining and placing the liability of an employer for the payment of contributions for services rendered within this state or such other jurisdiction, or both, and to provide that the jurisdiction authorized to collect the contributions shall determine the benefit rights which may arise in connection with such services and assume the liability for the payment of the benefits.
( C) An agreement described in division (B) of this section shall provide that an employer is not liable for disaster work performed in this state during a disaster response period by either of the following:
(1) A qualifying employee described in division (A)(14)(a) of section 5703.94 of the Revised Code, when the disaster work is performed pursuant to a qualifying solicitation received by the employee's employer;
(2) A qualifying employee described in division (A)(14)(b) of section 5703.94 of the Revised Code, when the disaster work is performed on critical infrastructure owned or used by the employee's employer.