For the purpose of this chapter, the words and phrases defined in the section hereunder shall have the meanings respectively ascribed to them by the Ohio Revised Code and state common law, unless specifically defined by this chapter.
“Adverse determination.” A determination that person has committed wage theft or payroll fraud. Such determination involves an administrative determination, arbitration award or decision, or civil judgement, including any determination made in or through an administrative hearing, any government body, or industry-specific regulatory or investigative body.
“Agreement.” Means any contract entered into between the city and person or business entity which the city provides an incentive or benefit that is projected to exceed $25,000, including, but not limited to, the following:
(1) Tax abatements;
(2) Tax increment financing contract or agreement;
(3) Any commercial loan, provided by or backed by the city; and
(4) Any conveyance of land for less than fair market value.
“Complaint.” Means any report made to the city or any governmental agency having relevant jurisdiction that a person, business entity, non-profit, or other entity has committed wage theft or payroll fraud. A complaint may be such a report submitted to the U.S. Department of Labor, the Ohio Department of Commerce, or another body with authority to investigate and adjudicate such reports, which comes to the attention of the city. If a report is made directly to the city and not to another agency, it must include the following information in order to be considered a valid complaint: name the person, business entity, non-profit, or other entity to have allegedly committed the wage theft or payroll fraud; the project during which or the agreement under which the person is alleged to have committed the theft or fraud; a description of the theft or fraud suspected to have been committed; the name of the complainant; and the name of at least one witness or victim of the theft or fraud, which personally be the complainant.
“Contractor.” Means individuals, partnerships, corporations, association or other for-profit or non-profit entities that are leading the construction or provision or goods or services on a development site.
“Development site.” Means the property that is the subject of an agreement or on which the contractual undertaking is to be performed.
“Payroll fraud.” Means concealing a person’s true tax or other financial liability to a government agency from government licensing, regulatory, or tax agencies through tax evasion or fraud; misclassification of employees, the unreported or underreported payment of wages; paying a business transaction in cash without keeping appropriate records of reporting and withholding; or any other means.
“Subcontractor.” Means any individuals, partnerships, corporations, associations or other for profit or non-profit entities that enter into a contract with a contractor to perform work on a development site or work pursuant to, related to, or in furtherance of an agreement.
“Wage theft.” Means a violation of Ohio Prompt Pay Statute, Ohio R.C. 4113.15; the Ohio Minimum Fair Wage Standards Act, Ohio R.C. Chapter 411; Ohio’s Minimum Wage Constitutional Amendment, Section 34a of Article II of the Ohio Constitution; Ohio R.C. Chapters 4109 or 4115; Ohio R.C. 4113.17, 4113.18, 4113.52, or 4113.61; or statute or regulation of another state that may apply to a particular agreement.
(Ord. 33-16, passed 6-6-2016)