2015 New York Laws
LAB - Labor
Article 31 - (Labor) NEW YORK PROFESSIONAL EMPLOYER ACT
917 - Continuing obligations.
917. Continuing obligations. 1. Collective bargaining agreements exempted. A professional employer agreement shall have no effect on existing collective bargaining agreements. Notwithstanding any statements to the contrary, nothing in this article shall alter the rights or obligations of any client, professional employer organization or worksite employee under the national labor relations act or any applicable state law.
2. State licensing provisions not exempted. This article shall not exempt a client or a worksite employee from any state, local or federal licensing, registration or certification requirement.
(a) Every individual who is required to be licensed, registered or certified according to law and who is a worksite employee shall be deemed an employee of the client for purposes of any license, registration or certification requirement.
(b) A professional employer organization shall not be deemed to be engaged in an occupation, trade or profession that is subject to licensing, registration or certification requirements, or is otherwise regulated by a governmental entity solely by entering into a professional employer agreement with a client or an employment relationship with worksite employees.
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