I recently saw a biopic on Brian Wilson the troubled singer and writer for the Beach Boys. On the whole the movie was serviceable but did not quite do justice to the compelling story of Brian Wilson’s life. But the thing that had the most impact on me from the movie was the ending footage from a recent concert featuring Brian singing his song “Love and Mercy” (which also happened to be the name of the movie).

“Love and Mercy” is certainly not the best song in the Beach Boy’s or Brian Wilson’s repertoire. I’m not even sure it makes my top ten list. However the message encapsulated within the song, the notion that living this life is hard and that everyone needs deserves love and mercy, is a just as relevant today as it was when Brian wrote it in the 80’s. We all deserve love and mercy from our troubles whether they be related to money, our health, our relationship issues, or whatever roadblocks life throws in our way. Everyone needs a break.

Continue reading The 2015 Walk For the Poor

This is a continuation of a prior article. An issue that arises for some of our Columbus Ohio Bureau of Workers’ Compensation Clients is where there exists a construction contract, whether the worker is an employee of a general or sub-contractor and thus covered under that employers Ohio BWC policy. One way the BWC and Industrial Commission tries to determine the classification of the worker is through twenty criteria in R.C. § 4123.01(A)(1)(c). Here are criteria 11 through 20:

11.) Is the person required to make oral or written reports of progress to the other contracting party?

This is another factor that is likely only present in a limited number of employer/employee relationship. As such its absence is not a good indicator whether a worker is an employee or independent contractor.

                    EXAMPLE:  EMPLOYEE

Bob tells Joe that he is to mow a customer’s lawn, plant some treed along the driveway, and finish with laying mulch down on the flower beds. He tells Joes that once he has completed each task and before he starts the next one to call him and tell him how much dirt, gas, etc. he used. This indicates that Joe is an employee because Joe does not have very much independence from Bob while on the job.

Continue reading Employee or Independent Contractor: 11-20

This is a continuation of a prior article. An issue that arises for some of our Ohio Bureau of Workers’ Compensation Clients is where there exists a construction contract, whether the worker is an employee of a general or sub-contractor and thus covered under that employers Ohio BWC policy. One way the BWC and Industrial Commission tries to determine the classification of the worker is through twenty criteria in R.C. § 4123.01(A)(1)(c). Here are criteria 6 through 10:

6.) Does a continuing relationship exist between the person and the other contracting party that contemplates continuing or recurring work even if the work is not full time?

A worker that is hired on a job by job basis is more likely to be considered an independent contractor, while it is more likely that a worker is an employee if they work regular hours and on a consistent basis for the employer.

                    EXAMPLE:  EMPLOYEE

Bob hires Joe to help remodel a kitchen, once that job is completed Bob hires Joe again 1 month later to help with another job, and 2 weeks after that job has been completed Bob hires Joe again for another job. Although Bob and Joe’s work relationship is irregular it is frequent enough to establish a continuing relationship that would satisfy Joe being an employee.

Continue reading Employee or Independent Contractor: 6-10