Maine § 14051. - Definitions

§ 14051.. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 468, §4 (NEW).]

1.  Client company.  "Client company" means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract.

1-A.  Commissioner.  "Commissioner" means the Commissioner of Labor.

2.  Controlling person.  "Controlling person" means:

A. A person or entity that owns a 5% or greater interest in an employee leasing company or possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an employee leasing company through ownership of voting securities, by contract or otherwise, and is actively involved in the day-to-day management of the company; or   [PL 1991, c. 468, §4 (NEW).]

B. A natural person employed, appointed or authorized by an employee leasing company to enter into a contractual relationship with a client company on behalf of the employee leasing company.   [PL 1991, c. 468, §4 (NEW).]

3.  Employee leasing company.  "Employee leasing company" means a sole proprietorship, partnership, corporation or other form of business entity, a substantial portion of the business of which consists of leasing employees to one or more client companies under contractual arrangements that are characterized by the following.

A. Employment responsibilities are carried out by the employee leasing company or are shared by the employee leasing company and the client company.   [PL 1991, c. 468, §4 (NEW).]

B. Direction and control of employees provided by the employee leasing company are handled by the employee leasing company or are shared by the employee leasing company and the client company. "Direction and control" includes the right of the employee leasing company to hire and fire employees.   [PL 1991, c. 468, §4 (NEW).]

C. The leasing arrangement is long term and does not include arrangements to provide temporary help services. "Temporary help services" means a service whereby an organization hires its own employees and assigns them to a 3rd party to support or supplement the 3rd party's work force in work situations such as employee absences, temporary skill shortages, seasonal work load conditions and special assignments and projects.   [PL 1991, c. 468, §4 (NEW).]

D. The leasing arrangement does not include providing labor dispute workers. "Labor dispute worker" means a worker who is furnished to an entity to replace workers involved in strikes, lockouts or other labor activities.   [PL 1991, c. 468, §4 (NEW).]

4.  Registrant.  "Registrant" means an employee leasing company that registers under this chapter.

5.  Superintendent.  "Superintendent" means the Superintendent of Consumer Credit Protection.