§ 917. Continuing obligations. 1. Collective bargaining agreements
exempted. A professional employer agreement shall have no effect on
existing collective bargaining agreements. Notwithstanding any
statements to the contrary, nothing in this article shall alter the
rights or obligations of any client, professional employer organization
or worksite employee under the national labor relations act or any
applicable state law.
2. State licensing provisions not exempted. This article shall not
exempt a client or a worksite employee from any state, local or federal
licensing, registration or certification requirement.
(a) Every individual who is required to be licensed, registered or
certified according to law and who is a worksite employee shall be
deemed an employee of the client for purposes of any license,
registration or certification requirement.
(b) A professional employer organization shall not be deemed to be
engaged in an occupation, trade or profession that is subject to
licensing, registration or certification requirements, or is otherwise
regulated by a governmental entity solely by entering into a
professional employer agreement with a client or an employment
relationship with worksite employees.