Terms Used In Montana Code > Title 39 > Chapter 8 > Part 1 - General Provisions

• 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
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the department of labor and industry. 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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

• 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
• Temporary service contractor: means a person conducting a business that hires the person's own employees and assigns them to clients to fulfill a work assignment with a finite ending date to support or supplement the client's workforce in situations resulting from employee absences, skill shortages, seasonal workloads, and special assignments and projects. See Montana Code 39-8-102