|
PROFESSIONAL
EMPLOYER ORGANIZATIONS
(Referred to as Employee Leasing
Companies until July 16, 2003)
Information for Professional
Employer Organization (formerly Employee Leasing Firms).
Due
to significant changes in the law regarding Employee Leasing Firms, major
changes to filing forms and regulatory oversight became effective July 16,
2003. All existing employee
leasing firms must file a new application no later than December 31, 2003,
to continue operating in the State.
Until forms are finalized, please refer to the draft forms and draft
bulletin for guidance in filing your application. You may contact Edith
Roberts if you need additional help or information
The
following links are to the Draft PEO Bulletin and forms to be used by
PEO’s under Act 1750 of 2003 (ACA 23092-401 et seq.):
Bulletin
PEO Application (Form PEO-P)
Group PEO Application (Form PEO-G)
PEO Exempt Application (Form PEO-E)
Employer Assurance Service Organization
Application (Form ESAO-A1)
Cross Guarantee Form
Bond Form
Change of Control of a PEO Form (Form
PEO-C)
PEO Renewal Application (Form PEO-PR)
Group PEO Renewal Application (Form
PEO-GR)
Controlling Person Exhibit Proposed
PEO Quarterly Report (Form PC EL – Quarterly Report)
Rule
and Regulation 81 has been issued regarding Employer Assurance Service
Organization and is available in Word and PDF formats.
Current Arkansas
law and regulations provide for certain licensing requirements to engage in
the business of a Professional Employer Organization (“PEO”).
Act 1750 of 2003 updated and
modernized the regulatory oversight of this type of profession and renamed
these businesses “Professional Employer Organizations.”
A PEO is any person or legal
entity engaged in the business of providing professional employer services
by entering into a co-employment relationship which at least a majority of
the employees of a client and providing professional employer services to
the client or to a division or work unit of a client for its covered
employees and in which the arrangement is intended to be, or is, ongoing
rather than temporary in nature; and
employer responsibilities,
including the right of direction and control of the employees, are shared
by the PEO and its clients.
Professional employer services
do not include services performed by temporary employees or by persons
determined to be independent contractors with respect to the recipient.
Temporary help services are not professional employer services.
Other useful information for Professional
Employer Organizations:
The Department of Labor informational
pamphlet on Multiple Employer Welfare Association
(“MEWA”). Page 33
starts a significant discussion on when a PEO and the extent State
law applies to them. You should
also see, in conjunction with
this paper the Commissioner’s bulletins 4-2001 (Word or PDF)
and 7-2002 (Word or PDF).
By using our Company Search database you
can search for licensed professional employer services organizations. You can also get a complete listing
of every licensed professional employer organization doing business in Arkansas. On January 1, 2004, all employee
leasing firm licenses expire.
To continue operating, the company must obtain a professional
employer license. Until January
1, 2004, you can also get a listing of employee leasing firms from the
Company Search database.
Renewal of Employee Leasing License PDF or Word (these forms are only for
delinquent licensees for 2003).
New forms will be posted shortly.
Property and Casualty Data – Insurance data and
reports relating to property and casualty lines of insurance.
|
