Label
Amending TMC 545.22
Finance
Dan Morey (x1663)
Revised
Title
Repealing Toledo Municipal Code Section 545.22-Wage Theft and enacting new Toledo Municipal Code Section 545.22-Wage Theft; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This Ordinance repeals and enacts a new TMC Section 545.22 order to add two new offenses, clarify language and add an alternate option for the City to settle the complaint. TMC Section 545.22 addresses wage theft and related penalties.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Section 545.22 which reads as follows:
545.22 Wage theft.
(a) For the purposes of this section, the following definitions apply:
(1) As used in this section, the term "employer" means any individual, partnership, association, corporation, business trust, or any entity, person or group of persons, or a successor thereof that employs another person and includes any such entity or person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; it shall also include any individual, partnership, association, corporation, limited liability company, business trust, employment and labor placement agencies where wage payments are made directly or indirectly by the agency or business for work undertaken by employees under hire to a third party pursuant to a contract between the business or agency with the third party, but excludes the federal, state and local government and all of their agencies, divisions, and other instrumentalities.
(2) As used in this section, any individual performing any service for an employer shall be considered to be an "employee" unless:
(i) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and
(ii) the service is performed outside the usual...
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