§ 916 — Definitions

New York § 916

• Jurisdiction: New York
• Law LAB: Labor
• Art. 31: New York Professional Employer Act

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§ 916. Definitions. As used in this article:\n 1. "Client" means a person who enters into a professional employer\nagreement with a professional employer organization.\n 2. "Person" means an individual, an association, a company, a firm, a\npartnership, a corporation, or any other form of legally recognized\nentity.\n 3. "Professional employer agreement" means a written contract whereby:\n (a) A professional employer organization expressly agrees to co-employ\nall or a majority of the employees providing services for the client;\n (b) The contract is intended to be on-going rather than temporary in\nnature;\n (c) Employer responsibilities for worksite employees, including those\nof hiring, firing and disciplining, are expressly allocated by and\nbetween the professional employer organization and the client in the\nagreement; and\n (d) The professional employer organization expressly assumes the\nrights and responsibilities as required in section nine hundred\ntwenty-two of this article.\n 4. "Professional employer organization" means any person whose\nbusiness is entering into professional employer agreements with clients.\nIn determining whether the professional employer organization employs\nall or a majority of the employees of a client, any person employed\npursuant to the terms of the professional employer agreement after the\ninitial placement of client employees on the payroll of the professional\nemployer organization shall be included. Temporary help firms and\nemployment agencies, as defined in article eleven of the general\nbusiness law, shall not be deemed to be professional employer\norganizations for purposes of this article.\n 5. "Temporary help firm" means a business which recruits and hires its\nown employees, and assigns those employees to perform work at or\nservices for other organizations, to support or supplement the other\norganization's workforce, or to provide assistance in special work\nsituations such as, but not limited to, employee absences, skill\nshortages, seasonal workloads, or to perform special assignments or\nprojects. A temporary help firm shall not be deemed to be a professional\nemployer organization for the purposes of this article.\n 6. "Worksite employee" means a person having an employment\nrelationship with both the professional employer organization and the\nclient. Such term may also include the client's officers, directors,\nshareholders or partners to the extent such persons act as operational\nmanagers or perform services for the client.\n