Montana Code 39-8-201. License required — exemption — rulemaking authority
39-8-201. License required — exemption — rulemaking authority. (1) On or after July 1, 1995, a person who acts as a professional employer organization or group by entering into a professional employer arrangement or an employee leasing arrangement with a client in this state without a license or who violates the provisions of this chapter may be subject to the penalties provided in 39-8-302.
Terms Used In Montana Code 39-8-201
- Client: means a person that obtains all or part of the person's workforce from another person through a professional employer arrangement. See Montana Code 39-8-102
- Department: means the department of labor and industry. See Montana Code 39-8-102
- Employee leasing arrangement: means an arrangement by contract or otherwise under which a professional employer organization hires its own employees and assigns the employees to work for another person to staff and manage, or to assist in staffing and managing, a facility, function, project, or enterprise on an ongoing basis. See Montana Code 39-8-102
- group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
- Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
- Professional employer arrangement: means an arrangement by contract or otherwise under which:
(i)a professional employer organization or group assigns employees to perform services for a client;
(ii)the arrangement is or is intended to be ongoing rather than temporary in nature; and
(iii)the employer responsibilities are shared by the professional employer organization or group and the client. See Montana Code 39-8-102
- Professional employer organization: means :
(i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or
(ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The provisions of this chapter do not apply to a labor organization, the state or its political subdivisions, the United States, or any programs or agencies of those entities.
(3)A license issued under this chapter remains the property of the department and may not be transferred.
(4)The department may adopt rules to implement the provisions of this chapter.