Michigan Compiled Laws Act 370 Of 2010 Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747)

AN ACT to license and regulate professional employer organizations; to define certain relationships and allocate certain rights and duties between those relationships; to provide for certain powers and duties for state agencies; to impose certain fees and provide for certain security devices; and to provide for penalties and remedies.

History: 2010, Act 370, Eff. July 1, 2011

Section 338.3721 Short Title.
This act shall be known and may be cited as the "Michigan professional employer organization regulatory act". History: 2010, Act 370, Eff. July 1,
Section 338.3723 Definitions.
As used in this act: (a) "Client" means any person who enters into a professional employer agreement with a PEO. (b) "Coemployer" means either...
Section 338.3725 Professional Employer Agreement; Effect.
(1) Neither this act nor a professional employer agreement shall affect, modify, or amend any collective bargaining agreement, or the rights or obligations of...
Section 338.3727 Provider Of Professional Employer Services; License; Fee; Application; Prohibitions Relating To Person Convicted Of Certain Felony; Filing By Peo Operating On Effective Date Of Act; Renewal Application; Combined Or Consolidated Audited Financial Statement; Electronic Filings.
(1) Except as otherwise provided in this act, beginning September 1, 2012, a person shall not provide, advertise, or otherwise hold itself out as...
Section 338.3729 Limited License.
(1) Beginning September 1, 2012, the department may issue a limited PEO license. A PEO seeking limited licensure under this section shall submit to...
Section 338.3731 List Of Licensed Peos; Availability To Public.
The department shall maintain a list of PEOs licensed under this act. The list shall be readily available to the public by electronic or...
Section 338.3733 License Fees; Adjustment; "Detroit Consumer Price Index" Defined.
(1) The department may charge an application fee for an initial license under this act. The amount of the fee shall be determined by...
Section 338.3735 Working Capital; Requirements.
Unless otherwise exempt under this act, beginning September 1, 2012, each PEO or collectively each PEO group shall submit to the department evidence of...
Section 338.3737 Professional Employer Agreement; Provisions; Written Notice To Covered Employee Affected By Agreement.
(1) Each professional employer agreement executed on or after September 1, 2012 shall include the following provisions: (a) The responsibility of the PEO to...
Section 338.3739 Professional Employer Agreement; Liabilities Or Obligations; Tax Or Assessment.
(1) Except to the extent otherwise expressly provided for by the professional employer agreement, the following apply: (a) A client is solely responsible for...
Section 338.3741 Prohibited Conduct; Opportunity For Hearing; Penalties.
(1) Beginning September 1, 2012, a person that commits 1 or more of the following is subject to the penalties described in subsection (2):...
Section 338.3743 Violation Of Act As Misdemeanor; Penalty.
Beginning September 1, 2012, a person that knowingly and willfully violates this act, or that aids and abets, directly or indirectly, a violation of...
Section 338.3745 Rules.
The department shall promulgate consistent and necessary rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as considered...
Section 338.3747 Effective Date.
This act takes effect January 1, 2012. History: 2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012

Last modified: October 10, 2016