58-89A-112. Liabilities.
Subject to any contrary provisions thereof, the PEO agreement shall be interpreted for purposes of insurance, bonding, and employer's liability as follows:
(1) A licensee is not liable for the acts, errors, or omissions of a client company or of any assigned employee or for the quality, adequacy, or safety of the goods or services produced or sold in the client company's business. A client company is not liable for the acts, errors, or omissions of a licensee or of any employee of a licensee. Nothing in this section limits any contractual liability between a licensee and the client company or limits any liability or responsibility under this Article.
(2) Employees assigned to a client company by a licensee are the employees of the client company for the purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds, and liquor liability insurance carried by the client company unless the employees are included by specific reference in the applicable PEO agreement, insurance contract, or bond. (2004-162, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 89A - North Carolina Professional Employer Organization Act.
§ 58-89A-20 - Interagency cooperation.
§ 58-89A-25 - Effect of other law on client companies and assigned employees.
§ 58-89A-30 - Other provisions of this chapter.
§ 58-89A-31 - Tax credits and other incentives.
§ 58-89A-35 - License required; professional employer organization groups.
§ 58-89A-40 - Qualifications for controlling person.
§ 58-89A-50 - Surety bond; letter of credit; other deposits.
§ 58-89A-60 - License application.
§ 58-89A-70 - License issuance and maintenance.
§ 58-89A-75 - De minimis registration.
§ 58-89A-76 - Alternative licensing.
§ 58-89A-80 - License not assignable; change of name or location.
§ 58-89A-85 - Supervision; rehabilitation; liquidation.
§ 58-89A-100 - Contract requirements.
§ 58-89A-105 - Employee benefit plans; required disclosure; other reports.
§ 58-89A-106 - Health insurance plan requirements.
§ 58-89A-107 - Examinations of self-funded health benefit plans.
§ 58-89A-110 - Workers' compensation insurance.
§ 58-89A-115 - Benefit plan notice.
§ 58-89A-120 - Unemployment taxes; payroll.
§ 58-89A-125 - Posting requirements.
§ 58-89A-130 - Contractual duties.
§ 58-89A-135 - Compliance with other laws.
§ 58-89A-140 - Required information.
§ 58-89A-150 - Agent for service of process.
§ 58-89A-155 - Grounds for disciplinary action.
§ 58-89A-165 - Injunctions; civil remedies; cease and desist orders.
§ 58-89A-170 - Prohibited acts.
§ 58-89A-175 - Criminal penalty.
§ 58-89A-180 - Application to unlicensed professional employer organizations.