§ 48-2703 — Act; professional employer agreement; effect on rights or obligations; other requirements applicable; client rights and status

(1)
Nothing contained in the Professional Employer Organization Registration Act
or in any professional employer agreement shall affect, modify, or amend any
collective-bargaining agreement or the rights or obligations of any client,
professional employer organization, or covered employee under the federal
National Labor Relations Act, 29 U.S.C. 151 et seq., or the federal Railway
Labor Act, 45 U.S.C. 151 et seq.
(2)(a) Nothing
contained in the Professional Employer Organization Registration Act or any
professional employer agreement shall:
(i) Diminish, abolish, or remove rights
of covered employees as to a client or obligations of such client to a covered
employee existing prior to the effective date of the professional employer
agreement;
(ii) Affect, modify, or amend any contractual relationship or restrictive
covenant between a covered employee and any client in effect at the time a
professional employer agreement becomes effective, nor prohibit or amend any
contractual relationship or restrictive covenant that is entered into subsequently
between a client and a covered employee. A professional employer organization
shall have no responsibility or liability in connection with, or arising out
of, any such existing or new contractual relationship or restrictive covenant
unless the professional employer organization has specifically agreed otherwise
in writing;
(iii) Create any new or additional enforceable right of a covered
employee against a professional employer organization that is not specifically
provided by the professional employer agreement or the act; or
(iv) Diminish,
abolish, or remove rights of covered employees as to a client or obligations
of a client to covered employees, including, but not limited to, rights and
obligations arising from civil rights laws guaranteeing nondiscrimination
in employment practices. A co-employer shall, immediately after receipt of
such notice, notify the other co-employer of such receipt and shall transmit
a copy of the notice to the other co-employer within ten business days after
such receipt.
(b)(i) Nothing contained in the act or any professional employer
agreement shall affect, modify, or amend any state, local, or federal licensing,
registration, or certification requirement applicable to any client or covered
employee.
(ii) A covered employee who is required to be licensed, registered,
or certified according to law or regulation is deemed solely an employee of
the client for purposes of any such license, registration, or certification
requirement.
(c) A professional employer organization shall not be deemed to
engage in any occupation, trade, profession, or other activity that is subject
to licensing, registration, or certification requirements, or is otherwise
regulated by a governmental entity, solely by entering into and maintaining
a co-employment relationship with a covered employee who is subject to such
licensing, registration, or certification requirements.
(d) A client
shall have the sole right to direct and control the professional or licensed
activities of covered employees and of the client's business. Such covered
employees and clients shall remain subject to regulation by the regulatory
or governmental entity responsible for licensing, registration, or certification
of such covered employees or clients.
(3) With respect to a bid, contract, purchase
order, or agreement entered into with the state or a political subdivision
of the state, a client company's status or certification as a small, minority-owned,
disadvantaged, or woman-owned business enterprise or as a historically underutilized
business is not affected because the client company has entered into a professional
employer agreement with a professional employer organization or uses the services
of a professional employer organization.

Legislative History

Source: Laws 2010, LB579, § 3.