N.Y. Labor Law 917 – Continuing obligations
§ 917. Continuing obligations. 1. Collective bargaining agreements exempted. A professional employer agreement shall have no effect on existing collective bargaining agreements. Notwithstanding any statements to the contrary, nothing in this article shall alter the rights or obligations of any client, professional employer organization or worksite employee under the national labor relations act or any applicable state law.
Terms Used In N.Y. Labor Law 917
- Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Labor Law 916
- Professional employer agreement: means a written contract whereby:
(a) A professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client;
(b) The contract is intended to be on-going rather than temporary in nature;
(c) Employer responsibilities for worksite employees, including those of hiring, firing and disciplining, are expressly allocated by and between the professional employer organization and the client in the agreement; and
(d) The professional employer organization expressly assumes the rights and responsibilities as required in section nine hundred twenty-two of this article. See N.Y. Labor Law 916 - Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Labor Law 916
- Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Labor Law 916
2. State licensing provisions not exempted. This article shall not exempt a client or a worksite employee from any state, local or federal licensing, registration or certification requirement.
(a) Every individual who is required to be licensed, registered or certified according to law and who is a worksite employee shall be deemed an employee of the client for purposes of any license, registration or certification requirement.
(b) A professional employer organization shall not be deemed to be engaged in an occupation, trade or profession that is subject to licensing, registration or certification requirements, or is otherwise regulated by a governmental entity solely by entering into a professional employer agreement with a client or an employment relationship with worksite employees.