31A-40-203 - Covered employee. - Utah Statutes

31A-40-203. Covered employee.
(1) (a) An individual is a covered employee of a professional employer organization ifthe individual is coemployed pursuant to a professional employer agreement subject to thischapter.
(b) An individual who is a covered employee under a professional employer agreement isa covered employer, whether or not the professional employer organization provides the noticerequired by Subsection 31A-40-202(3), the earlier of the day on which:
(i) the employee is first compensated by the professional employer organization; or
(ii) the client notifies the professional employer organization of a new hire.
(2) An individual who is an officer, director, shareholder, partner, or manager of a clientis a covered employee:
(a) to the extent that the client and the professional employer organization expresslyagree in the professional employer agreement that the individual is a covered employee;
(b) if the conditions of Subsection (1) are met; and
(c) if the individual acts as an operational manager or performs day-to-day an operationalservice for the client.

Enacted by Chapter 318, 2008 General Session