23-561. Definitions In this article, unless the context otherwise requires: 1. " Administrative fee" means the fee that is charged to a client by a professional employer organization for professional employer services. Administrative fee does not include any amount of the fee that is applied to wages, salaries, benefits, workers compensation, payroll taxes, withholding or […]
23-562. Professional employer agreements; rights; notice A. A professional employer agreement shall: 1. Govern the co-employment relationship between the client and the professional employer organization and between each co-employer and each covered employee. 2. Reserve to the client the right to direct and control covered employees to the extent necessary to conduct the client’s business […]
23-563. Registration requirements; confidentiality A. Every professional employer organization that provides professional employer services in this state shall register with the secretary of state. The secretary of state shall maintain a list of all registrants under this section. The secretary of state may prescribe forms necessary for the administration of this section. B. Every professional […]
23-564. Initial registration; fee A. Beginning March 1, 2006, every professional employer organization in this state shall file an initial registration with the secretary of state. The initial registration shall remain valid until the professional employer organization’s first completed fiscal year that is more than one year after March 1, 2006. B. If a professional […]
23-565. Renewal registration; fee Within one hundred eighty days of a registrant’s completed fiscal year, each registrant shall file a renewal registration with the secretary of state. The renewal registration shall include any changes to the information that was filed in the registrant’s most recent registration. Each professional employer organization shall pay a renewal registration […]
23-566. Group registration Only for purposes of registration with the secretary of state, if two or more professional employer organizations are held under common control of another person or persons who are acting in concert, the professional employer organizations may file a registration under this article as a professional employer organization group. A professional employer […]
23-567. Limited registration; fee A. Notwithstanding section 23-564 or 23-565, a professional employer organization may file a limited registration with the secretary of state on a form prescribed by the secretary of state if all of the following apply: 1. The professional employer organization is domiciled outside of this state and is licensed or registered […]
23-568. Alternative registration; fee A. The secretary of state may establish by rule an alternative registration that accepts an affidavit or certification of a bonded, independent and qualified assurance organization that certifies the qualifications of a professional employer organization under section 23-564, 23-565 or 23-566. The secretary of state shall approve any bonded, independent and […]
23-569. Financial capability; bonding; exception A. Every professional employer organization that is located in this state shall maintain either of the following: 1. A minimum net worth of at least one hundred thousand dollars. 2. A bond, an irrevocable letter of credit or securities that have a minimum market value of one hundred thousand dollars. […]
23-570. Liability A. Unless otherwise expressly provided by a professional employer agreement or otherwise required by law, a client: 1. Shall be solely responsible for: (a) The quality, adequacy and safety of the goods or services produced or sold in the client’s business. (b) Directing, supervising, training and controlling the work of covered employees with […]
23-571. Tax obligations and incentives A. This article does not relieve a client from paying any tax liability that is due under title 42 or 43. B. Any tax on professional employer services shall be limited to the administrative fees. C. For the purposes of tax credits and any other economic incentives provided by this […]
23-572. Services not insurance A registrant under this article is not engaged in the sale of insurance by offering, marketing, selling, administering or providing professional employer organization services or employee benefit plans for covered employees.
23-573. Rights; duties A. Covered employees may enforce those rights against a professional employer organization that are allocated to the professional employer organization or that are shared between the professional employer organization and the client under a professional employer agreement or this article. B. Any other rights, duties or obligations that are enforceable by an […]
23-574. Covered employees; licensing A. A covered employee who is required to be licensed, registered or certified under the laws of this state shall be deemed an employee of the client for purposes of the license, registration or certification requirement. B. A professional employer organization shall not be deemed to be engaged in any occupation, […]
23-575. Violations; classification; civil penalties; rules A. A person who offers to provide or actually provides professional employer services or uses the name professional employer organization, staff leasing, employee leasing or administrative employee or any other title representing a professional employer service without first registering with the secretary of state pursuant to section 23-563 is […]
23-576. Professional employer organization fund; use; exemption A. The professional employer organization fund is established consisting of fees collected pursuant to this article. The secretary of state shall administer the fund. B. Monies in the fund are subject to legislative appropriation and shall be used by the secretary of state for the purposes of administering […]
