CHAPTER 3. EFFECT ON RIGHTS, DUTIES, AND OBLIGATIONS
IC 27-16-3
Chapter 3. Effect on Rights, Duties, and Obligations
IC 27-16-3-1
Effect on collective bargaining agreement or federal rights or
obligations
Sec. 1. This article and a professional employer agreement do not
affect, modify, or amend:
(1) a collective bargaining agreement; or
(2) rights or obligations of a client, PEO, or covered employee
under:
(A) the federal National Labor Relations Act (29 U.S.C. 151
et seq.);
(B) the federal Railway Labor Act (45 U.S.C. 151 et seq.);
or
(C) IC 22-7.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-2
Effect on duties
Sec. 2. This article and a professional employer agreement do not
do the following:
(1) Diminish, abolish, or remove the obligations of a client to a
covered employee that exist before the effective date of the
professional employer agreement.
(2) Affect, modify, or amend a contractual relationship or
restrictive covenant:
(A) between a covered employee and a client that is in effect
on the effective date of the professional employer
agreement; or
(B) that is entered into between a client and a covered
employee after the effective date of the professional
employer agreement.
A PEO is not responsible or liable for a dispute in connection
with or arising out of a contractual relationship or restrictive
covenant described in this subdivision unless the PEO has
otherwise specifically agreed in writing.
(3) Create a new or additional enforceable right of a covered
employee against a PEO that is not specifically provided by the
professional employer agreement or this article.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-3
Effect on federal, state, or local requirements
Sec. 3. (a) This article and a professional employer agreement do
not affect, modify, or amend a federal, state, or local:
(1) license;
(2) registration; or
(3) certification;
requirement that applies to a client or covered employee.
(b) The following apply to a federal, state, or local requirement
described in subsection (a):
(1) A covered employee who is required to be licensed,
registered, or certified is considered solely an employee of the
client for purposes of a license, registration, or certification
requirement.
(2) A PEO is not considered to engage in an occupation, a trade,
a profession, or another activity that is:
(A) subject to a license, registration, or certification
requirement; or
(B) otherwise regulated by a governmental entity;
solely because the PEO has entered into and maintained a
co-employment relationship with a covered employee who is
subject to a requirement or regulation described in clause (A)
or (B).
(3) A client has the sole right of direction and control of the
professional or licensed activities of a covered employee and of
the client's business.
(4) Only a:
(A) covered employee; or
(B) client;
that is subject to a requirement or regulation described in
subdivision (2)(A) or (2)(B) is subject to the regulation by a
regulatory or governmental entity responsible for licensing,
registration, certification, or other regulation of the covered
employee or client.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-4
Effect on tax credits and incentives
Sec. 4. (a) For purposes of the determination of tax credits and
other economic incentives:
(1) provided by the state or another governmental entity; and
(2) based on employment;
a covered employee is considered an employee solely of the client.
(b) A client is entitled to the benefit of any tax credit, economic
incentive, or other benefit arising as the result of the employment of
a covered employee of the client.
(c) If the grant or amount of an incentive is based on the number
of employees a client employs:
(1) each client must be treated as employing only the covered
employees actually working in the client's business operations;
and
(2) covered employees working for other clients of the PEO
must not be counted.
(d) A PEO shall provide, upon request by a client or an agency or
a department of the state or of another governmental entity,
employment information:
(1) reasonably required by an agency or a department of the
state or of another governmental entity that is responsible for
administration of a tax credit or economic incentive described
in this section; and
(2) necessary;
to support a request, a claim, an application, or another action by a
client seeking a tax credit or an economic incentive.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-5
Effect on government contracts
Sec. 5. With respect to a bid, a contract, a purchase order, or an
agreement entered into with the state or a political subdivision of the
state, a client's status or certification as a:
(1) small, minority owned, disadvantaged, or woman owned
business enterprise; or
(2) historically underutilized business;
is not affected because the client has entered into the professional
employment agreement.
As added by P.L.245-2005, SEC.7.