31A-40-203. Covered employee.
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/ut/title-31a/chapter-40/31a-40-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/13/2014
31A-40-203. Covered employee.
(a)An individual is a covered employee of a professional employer organization if the individual is coemployed pursuant to a professional employer agreement subject to this chapter.
(b)An individual who is a covered employee under a professional employer agreement is a covered employee, whether or not the professional employer organization provides the notice required 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 client is a covered employee:
(a)to the extent that the client and the professional employer organization expressly agree 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 operational service for the client.
Amended by Chapter 290 , 2014 General Session
Amended by Chapter 300 , 2014 General Session