Section 917. Continuing obligations  


Latest version.
  • 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.
        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.