48-2703 Act; professional employer agreement; effect on rights or obligations; other requirements applicable; client rights and status. - Nebraska Statutes

48-2703. Act; professional employer agreement;effect on rights or obligations; other requirements applicable; client rightsand status.(1)Nothing contained in the Professional Employer Organization Registration Actor in any professional employer agreement shall affect, modify, or amend anycollective-bargaining agreement or the rights or obligations of any client,professional employer organization, or covered employee under the federalNational Labor Relations Act, 29 U.S.C. 151 et seq., or the federal RailwayLabor Act, 45 U.S.C. 151 et seq.(2)(a) Nothingcontained in the Professional Employer Organization Registration Act or anyprofessional employer agreement shall:(i) Diminish, abolish, or remove rightsof covered employees as to a client or obligations of such client to a coveredemployee existing prior to the effective date of the professional employeragreement;(ii) Affect, modify, or amend any contractual relationship or restrictivecovenant between a covered employee and any client in effect at the time aprofessional employer agreement becomes effective, nor prohibit or amend anycontractual relationship or restrictive covenant that is entered into subsequentlybetween a client and a covered employee. A professional employer organizationshall have no responsibility or liability in connection with, or arising outof, any such existing or new contractual relationship or restrictive covenantunless the professional employer organization has specifically agreed otherwisein writing;(iii) Create any new or additional enforceable right of a coveredemployee against a professional employer organization that is not specificallyprovided by the professional employer agreement or the act; or(iv) Diminish,abolish, or remove rights of covered employees as to a client or obligationsof a client to covered employees, including, but not limited to, rights andobligations arising from civil rights laws guaranteeing nondiscriminationin employment practices. A co-employer shall, immediately after receipt ofsuch notice, notify the other co-employer of such receipt and shall transmita copy of the notice to the other co-employer within ten business days aftersuch receipt.(b)(i) Nothing contained in the act or any professional employeragreement shall affect, modify, or amend any state, local, or federal licensing,registration, or certification requirement applicable to any client or coveredemployee.(ii) A covered employee who is required to be licensed, registered,or certified according to law or regulation is deemed solely an employee ofthe client for purposes of any such license, registration, or certificationrequirement.(c) A professional employer organization shall not be deemed toengage in any occupation, trade, profession, or other activity that is subjectto licensing, registration, or certification requirements, or is otherwiseregulated by a governmental entity, solely by entering into and maintaininga co-employment relationship with a covered employee who is subject to suchlicensing, registration, or certification requirements.(d) A clientshall have the sole right to direct and control the professional or licensedactivities of covered employees and of the client's business. Such coveredemployees and clients shall remain subject to regulation by the regulatoryor governmental entity responsible for licensing, registration, or certificationof such covered employees or clients.(3) With respect to a bid, contract, purchaseorder, or agreement entered into with the state or a political subdivisionof the state, a client company's status or certification as a small, minority-owned,disadvantaged, or woman-owned business enterprise or as a historically underutilizedbusiness is not affected because the client company has entered into a professionalemployer agreement with a professional employer organization or uses the servicesof a professional employer organization. SourceLaws 2010, LB579, § 3.Operative Date: January 1, 2012