58-89A-25. Effect of other law on client companies and assigned employees.
(a) This Article does not exempt a client company of a licensee, or any assigned employee, from any other license requirements imposed under local, State, or federal law.
(b) An employee who is licensed, registered, or certified under law and who is assigned to a client company is considered to be an employee of the client company for the purpose of that license, registration, or certification.
(c) A licensee is not engaged in the unauthorized practice of an occupation, trade, or profession that is licensed, certified, or otherwise regulated by a State agency or other political subdivision of the State, including a county or city, by entering into a PEO agreement with a client company and assigned employees.
(d) With respect to a bid, contract, purchase order, program, or agreement entered into with the State or a political subdivision of the State, or State program or benefit otherwise available to a client company, a client company's status, certification, or qualification pursuant to the bid, contract, benefit, program, agreement, or State program shall not be affected because the client company has entered into an agreement with a licensee or utilizes the services of a licensee.
(e) Nothing in this Article or in any PEO agreement or other professional employer services contract shall affect, modify, or amend any collective bargaining agreement or the rights or obligations of any client company, professional employer organization, or any assigned employee under the National Labor Relations Act, 29 U.S.C. 151, et seq. (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.