Section 309 – Applicability of other provisions of law.
31A-40-309. Applicability of other provisions of law. A professional employer organization is subject to Sections 31A-23a-402 and 31A-23a-402.5. Enacted by Chapter 169, 2012 General Session
Section 401 – Prohibited acts.
31A-40-401. Prohibited acts. (1) A person may not: (a) offer or provide a professional employer service if the person is not licensed under this chapter; (b) use one of the following names if the person is not licensed under this chapter: (i) “administrative employer”; (ii) “employee leasing”; (iii) “PEO”; (iv) “professional employer organization”; (v) “staff […]
Section 210 – Unemployment compensation insurance.
31A-40-210. Unemployment compensation insurance. (1) For purposes of Title 35A, Chapter 4, Employment Security Act, a covered employee of a professional employer organization licensed under this chapter is considered the employee of the professional employer organization. (2) The professional employer organization described in Subsection (1) shall pay a contribution, penalty, or interest required under Title […]
Section 211 – Employment related economic incentives — Employment information — Client’s status.
31A-40-211. Employment related economic incentives — Employment information — Client’s status. (1) Notwithstanding the other provisions of this chapter, for purposes of determining eligibility for an employment related economic incentive, a covered employee is considered only an employee of the client. (2) (a) If eligibility for an employment related economic incentive relates to a covered […]
Section 212 – Determination of joint employers — Franchisors excluded.
Effective 5/10/2016 31A-40-212. Determination of joint employers — Franchisors excluded. (1) (a) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by […]
Section 301 – Licensing required.
31A-40-301. Licensing required. (1) Except as otherwise provided in this chapter, a person may not engage in the following before the day on which the person is licensed under this chapter: (a) providing a professional employer service in this state; (b) advertising that the person provides a professional employer service in this state; or (c) […]
Section 302 – Licensing process.
31A-40-302. Licensing process. (1) To apply for an initial or renewal license under this chapter, a person shall: (a) (i) submit an application with the commissioner on a form and in a manner the commissioner shall determine by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) pay a […]
Section 303 – Licensed through an assurance organization.
31A-40-303. Licensed through an assurance organization. (1) (a) A person may comply with Section 31A-40-302 by: (i) filing with the commissioner: (A) a certification that an assurance organization certifies the qualifications of the professional employer organization; (B) the information required by Subsections 31A-40-302(2)(a) through (d) and 31A-40-302(2)(h); and (C) any changes to the information required […]
Section 304 – Small operation license.
31A-40-304. Small operation license. (1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization: (a) files an application for a small operation license with the commissioner: (i) on a form and in a manner the commissioner shall determine by rule made in accordance with Title 63G, […]
Section 305 – Financial statements required for licensing.
31A-40-305. Financial statements required for licensing. (1) (a) A person that files a financial statement with an application for an initial license under Section 31A-40-302 shall file the professional employer organization’s most recent audit as of the day the application is filed, except that the financial statement may not be older than 10 months from […]