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Home » US Law » 2022 Code of Alabama » Title 25 - Industrial Relations and Labor. » Chapter 14 - Alabama Professional Employer Organization Registration Act.

Section 25-14-1 – Short Title.

Section 25-14-1 Short title. This chapter shall be known and may be cited as the “Alabama Professional Employer Organization Registration Act.” (Act 2006-229, p. 397, §1.)

Section 25-14-10 – Professional Employer Organization Registration Administrative Trust Fund.

Section 25-14-10 Professional Employer Organization Registration Administrative Trust Fund. (a) There is established in the State Treasury a fund entitled the Professional Employer Organization Registration Administrative Trust Fund. Fees and assessments provided by this chapter collected by the department shall be deposited in the fund. The fund shall constitute a separate fund to be disbursed […]

Section 25-14-11 – Promulgation of Rules.

Section 25-14-11 Promulgation of rules. (a) The department shall adopt rules necessary for the administration of this chapter in compliance with the Administrative Procedure Act. (b) All registrants are governed and controlled by this chapter and the rules adopted by the department. (c) The secretary shall adopt all rules in accordance with the intent and […]

Section 25-14-2 – Legislative Findings.

Section 25-14-2 Legislative findings. The Legislature finds and declares the following: (1) That employee leasing is a growing industry in the State of Alabama and that professional employer organizations provide increased opportunities for employers to develop cost-effective methods of satisfying their personnel requirements and providing employees with access to certain employment benefits which might otherwise […]

Section 25-14-3 – Definitions.

Section 25-14-3 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ADMINISTRATIVE FEE. The fee charged to a client by a professional employer organization for professional employer services. The term does not include any amount of a fee by the professional employer organization that is for wages and salaries, […]

Section 25-14-4 – Construction of Provisions; Scope of Business; Taxation; Competitive Bidding; Employment Information Provided by Professional Employer Organization.

Section 25-14-4 Construction of provisions; scope of business; taxation; competitive bidding; employment information provided by professional employer organization. (a) Neither this chapter nor a professional employer agreement may affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any client, professional employer organization, or covered employee under the federal National Labor […]

Section 25-14-5 – Registration Requirements; Limited Registration; Reciprocity; Fees.

Section 25-14-5 Registration requirements; limited registration; reciprocity; fees. (a)(1) A person may not provide, advertise, or otherwise hold itself out as providing professional employer services in this state unless the person is registered under this chapter to operate a professional employer organization. (2) Each person desiring to operate as a professional employer organization shall file […]

Section 25-14-6 – Prohibited Practices.

Section 25-14-6 Prohibited practices. The following acts and omissions are deemed to constitute deceptive practices and are prohibited for a professional employer organization and its controlling person: (1) Making, issuing, circulating, or causing to be made an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison which intentionally misleads, deceives, or misrepresents the benefits, […]

Section 25-14-7 – Grounds for Disciplinary Action.

Section 25-14-7 Grounds for disciplinary action. The following acts constitute grounds for which disciplinary action against a registrant or controlling person may be taken by the secretary: (1) Being convicted of or entering a guilty plea or a plea of nolo contendere to, any of the following: a. A crime in any jurisdiction which relates […]

Section 25-14-8 – Violations; Penalties.

Section 25-14-8 Violations; penalties. (a)(1) Upon a finding that a registrant has violated a provision of Section 25-14-6 or 25-14-7, the secretary may: a. Impose an administrative fine not to exceed one thousand dollars ($1,000) for every count or separate offense. b. Impose upon the registrant the cost of investigation and prosecution, including reasonable attorney […]

Section 25-14-9 – Written Contract; Rights and Duties of Clients; Employees, and Professional Employer Organizations.

Section 25-14-9 Written contract; rights and duties of clients; employees, and professional employer organizations. (a) All professional employer organization arrangements shall have a written contract between the client and the professional employer organization recognizing the rights, responsibilities, and duties of each party. The contract shall disclose to the client the services to be rendered by […]