§ 5-75-3 - Rights, duties and obligations unaffected by this chapter.
SECTION 5-75-3
§ 5-75-3 Rights, duties and obligationsunaffected by this chapter. – (a) Collective bargaining agreements. Nothing in this chapter or in anyprofessional employer agreement shall affect, modify or amend any collectivebargaining agreement, or the rights or obligations of any client, PEO, orcovered employee under the federal National Labor Relations Act, the federalRailway Labor Act or the State of Rhode Island Labor Relations Act.
(b) Licensing. Nothing contained in this chapter orany professional employer agreement shall affect, modify or amend any state,local, or federal licensing, registration, or certification requirementapplicable to any client or covered employee.
(1) A covered employee who must be licensed, registered, orcertified according to law or regulation is deemed solely an employee of theclient for purposes of any such license, registration, or certificationrequirement.
(2) A PEO shall not be deemed to engage in any occupation,trade, profession, or other activity that is subject to licensing,registration, or certification requirements, or is otherwise regulated by agovernmental entity solely by entering into and maintaining a co-employmentrelationship with a covered employee who is subject to such requirements orregulations.
(3) Unless otherwise expressly agreed to by the client in theprofessional employer agreement, a client shall have the sole right to directand control the professional or licensed activities of covered employees and ofclient's business.
(c) Tax credits and other incentives. For purposes ofdetermination of tax credits and other economic incentives provided by thisstate and based on employment, covered employees shall be deemed employeessolely of the client. A client shall be entitled to the benefit of any taxcredit, economic incentive, or other benefit arising as the result of theemployment of covered employees of such client. If the grant or amount of anysuch incentives is based on number of employees, then each client shall betreated as employing only those covered employees actually working in theclient's business operations and covered employees working for other clients ofthe PEO shall not be counted. Each PEO will provide, upon request by a clientor an agency or department of this state, employment information reasonablyrequired by any agency or department of this state responsible foradministration of any such tax credit or economic incentive and necessary tosupport any request, claim, application, or other action by a client seekingany such tax credit or economic incentive. To the extent the client isreceiving such benefit, the PEO shall not be entitled to receive such benefitor incentive.
(d) Disadvantage business. With respect to a bid,contract, purchase order, or agreement entered into with the state or apolitical subdivision of the state, a client company's status or certificationas a small, minority-owned, disadvantage, or woman-owned business enterprise oras an historically underutilized business is not affected because the clientcompany has entered into an agreement with a registrant or uses the services ofa registrant.