52-04-00.1. Definitions.
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As used in this chapter, unless the context otherwise requires:
1. "Agency" or "bureau" means job service North Dakota.
2. "Client company" means a person that contracts to receive services, within the course
of that person's usual business, from a staffing service or that contracts to lease any or
all of that person's employees from a staffing service.
3. "Knowingly" means having actual knowledge of or acting with deliberate ignorance or
reckless disregard for the prohibition involved.
4. "Staffing service" means an employer in the business of providing the employer's
employees to a client company to perform services within the course of that client
company's usual business. The term includes a professional employer organization, a
staff leasing company, an employee leasing organization, and a temporary staffing
company. The term "staffing service" must be broadly construed to encompass an
entity that offers services provided by a professional employer organization, a staff
leasing company, an employee leasing organization, or a temporary staffing company,
regardless of the term used.
5. "Temporary staffing" or "temporary staffing service" means an arrangement through
which an employer hires its own employees and assigns the employees to a client
company to support or supplement the client company's workforce in a special work
situation, including an employee's temporary absence; a temporary skill shortage; a
seasonal workload; or a special assignment or project with a targeted end date.
The term does not include an arrangement through which the majority of the
client company's workforce has been assigned by a temporary staffing service for a
period of more than twelve consecutive months.
6. "Unemployment insurance tax rate" means the rate calculated or assigned under
sections 52-04-05 and 52-04-06.
7. "Violates or attempts to violate" includes intent to evade, misrepresentation, and willful
nondisclosure.
8. "Workforce" means some or all of the employees of a transferring employer.