Section 194 - Licensing, Registration or Certification Requirements Under Professional Employer Agreements

MA Gen L ch 149 § 194 (2019) (N/A)

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Section 194. (a) Nothing in sections 192 to 203, inclusive, or any professional employer agreement shall affect, modify or amend any federal, state or local licensing, registration or certification requirement applicable to any client or covered employee.

(b) A covered employee who is required to be licensed, registered or certified according to law or regulation shall be deemed solely an employee of the client for purposes of any such license, registration or certification requirement.

(c) A PEO shall not be engaged in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements or is otherwise regulated by a government agency solely by entering into and maintaining a PEO relationship with a covered employee who is subject to such requirements or regulation.

(d) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Covered employees and clients shall remain subject to regulation by the regulatory or governmental entity responsible for licensing, registration or certification of such covered employees or clients.

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Section 195 - Tax Credits and Other Economic Incentives; Covered Employees Deemed as Client's Employees Under Professional Employer Agreements; Status as Small, Minority-Owned, Disadvantaged, Woman-Owned Business or Other Underutilized Class of Enterprise