§ 23-568 – Alternative registration; fee
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
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
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
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
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
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 […]