§ 23:1762 — Exemptions and exceptions

A. This Part shall not apply to the following:
(1) Labor organizations as defined by the National Labor Relations Act.
(2) Staffing services.
(3) Temporary employment arrangements.
(4) Independent contractors.
(5) Political subdivisions of the state or the United States and any of their programs or agencies.
B.(1) This Part shall not prohibit a client who is party to a collective bargaining agreement from contracting with a PEO, if the union consents to such agreement.
(2) A PEO arrangement shall have no effect on collective bargaining agreements that are in existence prior to the PEO arrangement.
C. This Part shall not apply to contracts for services where no co-employment relationship exists and neither party represents such services as being PEO services.
D.(1) This Part does not exempt a client of a registered PEO or a covered employee from any other license requirements imposed under local, state, or federal law.
(2) A covered employee who is licensed, registered, or certified under law is considered to be an employee of the client for purposes of that license, registration, or certification.
(3) A registered PEO is not engaged in the unauthorized practice of an occupation, trade, or profession that is licensed, certified, or otherwise regulated by a governmental entity solely by entering into a professional employer services agreement with a client or co- employing an employee of such a client.

Legislative History

Acts 2001, No. 1150, §2, eff. Jan. 1, 2002.