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OH HB216
Bill
Status
3/3/2010
Primary Sponsor
Denise Driehaus
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AI Summary
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Establishes financial capacity requirements for professional employer organizations (PEOs), including mandatory positive working capital maintenance and bonding/letter of credit requirements to cover deficits
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Clarifies that client employers retain sufficient direction and control of shared employees to conduct business, ensure quality/safety, meet fiduciary responsibilities, and comply with regulatory requirements, while limiting PEO liability for acts occurring under client employer direction
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Prohibits PEOs from coemploying independent contractors and requires client employers to maintain sole responsibility for proper worker classification
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Grants client employers entitlement to tax credits and economic incentives based on shared employee employment, with shared employees counted only toward the specific client employer's benefit
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Requires PEOs and professional employer organization reporting entities to register with the Ohio Bureau of Workers' Compensation, maintain detailed financial statements audited by certified public accountants, and file quarterly reports with the tax commissioner listing client employer information
Legislative Description
To establish certain financial capacity requirements for professional employer organizations, clarify rights and liabilities of professional employer organizations and client employers, and make other changes to the professional employer organization law.
Professional Employer Organization Laws
Last Action
To Insurance, Commerce, & Labor
3/4/2010