N.Y. Labor Law § 916: Definitions

§ 916. Definitions. As used in this article:

1. "Client" means a person who enters into a professional employer

agreement with a professional employer organization.

2. "Person" means an individual, an association, a company, a firm, a

partnership, a corporation, or any other form of legally recognized

entity.

3. "Professional employer agreement" means a written contract whereby:

(a) A professional employer organization expressly agrees to co-employ

all or a majority of the employees providing services for the client;

(b) The contract is intended to be on-going rather than temporary in

nature;

(c) Employer responsibilities for worksite employees, including those

of hiring, firing and disciplining, are expressly allocated by and

between the professional employer organization and the client in the

agreement; and

(d) The professional employer organization expressly assumes the

rights and responsibilities as required in section nine hundred

twenty-two of this article.

4. "Professional employer organization" means any person whose

business is entering into professional employer agreements with clients.

In determining whether the professional employer organization employs

all or a majority of the employees of a client, any person employed

pursuant to the terms of the professional employer agreement after the

initial placement of client employees on the payroll of the professional

employer organization shall be included. Temporary help firms and

employment agencies, as defined in article eleven of the general

business law, shall not be deemed to be professional employer

organizations for purposes of this article.

5. "Temporary help firm" means a business which recruits and hires its

own employees, and assigns those employees to perform work at or

services for other organizations, to support or supplement the other

organization's workforce, or to provide assistance in special work

situations such as, but not limited to, employee absences, skill

shortages, seasonal workloads, or to perform special assignments or

projects. A temporary help firm shall not be deemed to be a professional

employer organization for the purposes of this article.

6. "Worksite employee" means a person having an employment

relationship with both the professional employer organization and the

client. Such term may also include the client's officers, directors,

shareholders or partners to the extent such persons act as operational

managers or perform services for the client.