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CONNECTICUT STATUTES AND CODES

Sec. 31-221a. Definitions.

      Sec. 31-221a. Definitions. As used in this section and sections 31-221b to 31-221f, inclusive:

      (1) "Client" means any person who, as an employer, enters into a professional employer agreement with a professional employer organization;

      (2) "Coemployment relationship" means an ongoing relationship, rather than a temporary or project-specific relationship, in which the rights, duties and obligations of an employer are allocated between a professional employer organization and a client pursuant to a professional employer agreement as provided in sections 31-221b to 31-221f, inclusive;

      (3) "Covered employee" means an individual who (A) is an employee of a client that has a coemployment relationship with a professional employer organization, (B) has received written notice of the coemployment, and (C) has received a written summary of the obligations and responsibilities of the client and the professional employer organization pursuant to the professional employer agreement;

      (4) "Department" means the Labor Department;

      (5) "Commissioner" means the Labor Commissioner;

      (6) "Professional employer organization group" means two or more professional employer organizations that are majority-owned or commonly controlled by the same entity, parent entity or controlling persons;

      (7) "Professional employer agreement" means a written contract by and between a client and a professional employer organization;

      (8) "Person" means any individual, partnership, corporation, limited liability company, association or other legal entity;

      (9) "Temporary help service" has the same meaning as provided in section 31-129;

      (10) "Professional employer organization" means any person engaged in the business of providing professional employer services, regardless of whether such person uses the term or conducts business as a professional employer organization, staff leasing company, registered staff leasing company, employee leasing company, administrative employer or any other name. Professional employer organization does not include:

      (A) Arrangements in which a person, other than a person whose principal business activity is entering into professional employer arrangements, shares employees with a commonly owned company within the meaning of Sections 414(b) and (c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;

      (B) Independent contractor arrangements in which a person assumes responsibility for the product produced or service performed by such person or such person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements; or

      (C) Temporary help services;

      (11) "Professional employer services" means entering into coemployment relationships in which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees; and

      (12) "Registrant" means a professional employer organization registered under section 31-221c.

      (P.A. 08-105, S. 1.)

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