Utah Code 31A-40-201. Enforceable rights and obligations
Current as of: 2024 | Check for updates
|
Other versions
(1) In a coemployment relationship under a professional employer agreement:
Terms Used In Utah Code 31A-40-201
- Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102
- Coemployer: means :(4)(a) a client; or(4)(b) a professional employer organization. See Utah Code 31A-40-102
- Coemployment relationship: means a relationship:
(5)(a) that is intended to be ongoing rather than a temporary or project specific relationship; and(5)(b) wherein the rights and obligations of an employer that arise out of an employment relationship are allocated between coemployers pursuant to:(5)(b)(i) a professional employer agreement; or(5)(b)(ii) this chapter. See Utah Code 31A-40-102- Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102
- Employee: means :
(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for:
(15)(a) the coemployment of a covered employee;(15)(b) with respect to a covered employee, the allocation of a right or obligation of an employer between:(15)(b)(i) the client; and(15)(b)(ii) the professional employer organization; and(15)(c) the assumption of the obligations imposed by this chapter by:(15)(c)(i) the client; or(15)(c)(ii) the professional employer organization. See Utah Code 31A-40-102- professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
(1)(a) a professional employer organization:(1)(a)(i) may only enforce a right of an employer that is specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and(1)(a)(ii) is subject only to an obligation of an employer specifically allocated to the professional employer organization by the professional employer agreement or this chapter; and(1)(b) a client:(1)(b)(i) may enforce a right of an employer:(1)(b)(i)(A) allocated to the client in the professional employer agreement or this chapter; or(1)(b)(i)(B) not specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and(1)(b)(ii) is subject to an obligation of an employer:(1)(b)(ii)(A) allocated to the client by the professional employer agreement or this chapter; or(1)(b)(ii)(B) not specifically allocated to a professional employer organization by the professional employer agreement or this chapter.(2) A right or obligation of a professional employer organization as a coemployer of a covered employee is limited to a right or obligation arising pursuant to the professional employer agreement and this chapter during the term of coemployment of the covered employee by the professional employer organization. - Coemployment relationship: means a relationship: