(a) Collective bargaining agreements.  Nothing in this chapter or in any professional employer agreement shall affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any client, PEO, or covered employee under the federal National Labor Relations Act, the federal Railway Labor Act, or the State of Rhode Island Labor Relations Act.

Terms Used In Rhode Island General Laws 5-75-3

  • Client: means any person who enters into a professional employer agreement with a PEO. See Rhode Island General Laws 5-75-2
  • Co-employment relationship: shall mean :

    (1)  As between co-employers, a relationship whereby the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between co-employers pursuant to a professional employer agreement and this chapter and that is intended to be an ongoing relationship, rather than a temporary or project-specific relationship;

    (2)  As between each PEO and a covered employee as to which a professional employer agreement applies, an employment relationship whereby such PEO is entitled to enforce those rights, and obligated to perform those duties and obligations, allocated to such PEO by the professional employer agreement and this chapter;

    (3)  As between each client and a covered employee to which a professional employer agreement applies, an employment relationship whereby such client is entitled to enforce those rights, and obligated to provide and perform those employer obligations allocated to such client by the professional employer agreement and this chapter, and whereby such client is responsible for any employer right or obligation not otherwise allocated by the professional employer agreement or this chapter; and

    (4)  As to rights enforceable by an employee under state law, covered employees shall be entitled to enforce against the PEO those rights: (i) Allocated to such PEO by the professional employer agreement and this chapter; or (ii) Shared by the PEO and the client under the professional employer agreement and this chapter. See Rhode Island General Laws 5-75-2

  • Contract: A legal written agreement that becomes binding when signed.
  • Covered employee: means an individual having a co-employment relationship with a PEO and a client who meets all of the following criteria: (1) The individual has executed an employment agreement with the PEO; (2) The individual is a party to a co-employment relationship with a PEO and a client; and (3) The individual's co-employment relationship is pursuant to a professional employer agreement subject to this chapter. See Rhode Island General Laws 5-75-2
  • Department: means the department of administration, division of taxation. See Rhode Island General Laws 5-75-2
  • PEO: means any person engaged in the business of providing professional employer services. See Rhode Island General Laws 5-75-2
  • Professional employer agreement: means a written contract by and between a client and a PEO that provides:

    (1)  For the co-employment of covered employees;

    (2)  For the allocation and sharing between the client and the PEO of employer responsibilities (including hiring, firing, and disciplining) with respect to the covered employees; and

    (3)  That the PEO and the client assume the responsibilities required by this chapter. See Rhode Island General Laws 5-75-2

  • Registrant: means a PEO registered under this chapter. See Rhode Island General Laws 5-75-2

(b) Licensing.  Nothing contained in this chapter or any professional employer agreement shall affect, modify, or amend any state, local, or federal licensing, registration, or certification requirement applicable to any client or covered employee.

(1)  A covered employee who must be licensed, registered, or certified according to law or regulation is deemed solely an employee of the client for purposes of any such license, registration, or certification requirement.

(2)  A PEO shall not be deemed to engage in any occupation, trade, profession, or other activity that is subject to licensing, registration, or certification requirements, or is otherwise regulated by a governmental entity solely by entering into and maintaining a co-employment relationship with a covered employee who is subject to such requirements or regulations.

(3)  Unless otherwise expressly agreed to by the client in the professional employer agreement, a client shall have the sole right to direct and control the professional or licensed activities of covered employees and of the client’s business.

(c) Tax credits and other incentives.  For purposes of determination of tax credits and other economic incentives provided by this state and based on employment, covered employees shall be deemed employees solely of the client. A client shall be entitled to the benefit of any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of such client. If the grant or amount of any such incentives is based on number of employees, then each client shall be treated as employing only those covered employees actually working in the client’s business operations and covered employees working for other clients of the PEO shall not be counted. Each PEO will provide, upon request by a client or an agency or department of this state, employment information reasonably required by any agency or department of this state responsible for administration of the tax credit or economic incentive and necessary to support any request, claim, application, or other action by a client seeking the tax credit or economic incentive. To the extent the client is receiving the benefit, the PEO shall not be entitled to receive the benefit or incentive.

(d) Disadvantaged business.  With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company’s status or certification as a small, minority-owned, disadvantaged, or woman-owned business enterprise or as an historically underutilized business is not affected because the client company has entered into an agreement with a registrant or uses the services of a registrant.

History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1.