N.Y. Labor Law § 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.