Oklahoma § 40-600.2 - Definitions

§ 40-600.2. Definitions

1. “Client” means any person who enters into a coemployment

relationship as a coemployer with a professional employer

organization (PEO);

2. “Coemployer” means either a PEO or a client;

3. “Coemployment relationship” means:

a.

as between coemployers, a relationship whereby the

rights, duties and obligations of an employer which

arise out of an employment relationship have been

allocated between coemployers pursuant to a

professional employer agreement and the Oklahoma

Professional Employer Organization Recognition and

Registration Act, and which is intended to be an

ongoing relationship, rather than a temporary or

project specific relationship, and

b.

as between each PEO and a covered employee as to which

a professional employer agreement applies, an

employment relationship whereby:

(1) such PEO is entitled to enforce those rights, and

obligated to perform those duties and

obligations, allocated to such PEO by the

professional employer agreement and the Oklahoma

Professional Employer Organization Recognition

and Registration Act, and

(2) such covered employee is entitled to enforce

against such PEO those duties and obligations

Oklahoma Statutes - Title 40. Labor

allocated to the PEO by the professional employer

agreement and the Oklahoma Professional Employer

Organization Recognition and Registration Act;

c.

as between each client and a covered employee to which

a professional employer agreement applies and

employment relationship whereby:

(1) such client is entitled to enforce those rights,

and obligated to provide and perform those

employer obligations allocated to such client by

the professional employer agreement and the

Oklahoma Professional Employer Organization

Recognition and Registration Act and whereby such

client is responsible for any employer right or

obligation not otherwise allocated by the

professional employer agreement of the Oklahoma

Professional Employer Organization Recognition

and Registration Act, and

(2) such covered employee is entitled to enforce

against such client those duties and obligations

allocated to the client by the professional

employer agreement and the Oklahoma Professional

Employer Organization Recognition and

Registration Act and any other duties and

obligations of an employer not otherwise

allocated by the professional employer agreement

or the Oklahoma Professional Employer

Organization Recognition and Registration Act;

4. “Commissioner” means the Insurance Commissioner of the State

of Oklahoma;

5. “Covered Employee” means an individual having a coemployment

relationship with a PEO and a client who have entered into a

professional employer agreement with respect to such person, and

shall include the client’s officers, directors, shareholders,

partners and managers to the extent such persons act as operational

managers or perform services for the client;

6. “Department” means the Department of Insurance of the State

of Oklahoma;

7. “Person” means any individual, partnership, corporation,

limited liability company, association, or any other form of legally

recognized entity;

8. “Professional employer agreement” means a written contract

by and between a client and a PEO under which the PEO and the client

agree to establish a coemployment relationship and which satisfies

the requirements of subsection C of Section 7 of this act;

9. “Professional Employer Organization” or PEO means any person

engaged in the business of providing professional employer services.

A person engaged in the business of providing professional employer

Oklahoma Statutes - Title 40. Labor

services shall be subject to registration under the Oklahoma

Professional Employer Organization Recognition and Registration Act

regardless of its use of the term “professional employer

organization”, “PEO”, “staff leasing company”, “registered staff

leasing company”, “employee leasing company”, or any other name;

10. “Professional employer services” means the service of

entering into coemployment relationships under the Oklahoma

Professional Employer Organization Recognition and Registration Act,

in which, except in isolated instances, all or a majority of the

employees providing services to a client or to a division or work

unit of client are covered employees;

11. “Registrant” means a PEO registered under the Oklahoma

Professional Employer Organization Recognition and Registration Act;

and

12. “Temporary help services” means a service whereby a person

hires workers and assigns them to a person for a temporary time

period or nonpermanent basis to support or supplement the other

person’s workforce in special work situations such as, but not

limited to, employee absences, temporary skill shortages, seasonal

workloads, and special assignments and projects. Temporary help

services shall not be deemed professional employer services.

Added by Laws 2002, c. 64, § 2, eff. Nov. 1, 2002.