North Dakota Code 52-04-00.1 – Definitions
As used in this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 52-04-00.1
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. “Agency” or “bureau” means job service North Dakota.
2. “Client company” means a person that contracts to receive services, within the course of that person’s usual business, from a staffing service or that contracts to lease any or all of that person’s employees from a staffing service.
3. “Knowingly” means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.
4. “Staffing service” means an employer in the business of providing the employer’s employees to a client company to perform services within the course of that client company’s usual business. The term includes a professional employer organization, a staff leasing company, an employee leasing organization, and a temporary staffing company. The term “staffing service” must be broadly construed to encompass an entity that offers services provided by a professional employer organization, a staff leasing company, an employee leasing organization, or a temporary staffing company, regardless of the term used.
5. “Temporary staffing” or “temporary staffing service” means an arrangement through which an employer hires its own employees and assigns the employees to a client company to support or supplement the client company’s workforce in a special work situation, including an employee’s temporary absence; a temporary skill shortage; a seasonal workload; or a special assignment or project with a targeted end date.
The term does not include an arrangement through which the majority of the client company’s workforce has been assigned by a temporary staffing service for a period of more than twelve consecutive months.
6. “Unemployment insurance tax rate” means the rate calculated or assigned under sections 52-04-05 and 52-04-06.
7. “Violates or attempts to violate” includes intent to evade, misrepresentation, and willful nondisclosure.
8. “Workforce” means some or all of the employees of a transferring employer.