Enforceable rights and obligations.

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  • (1) In a coemployment relationship under a professional employer agreement:
    • (a) a professional employer organization:
      • (i) may only enforce a right of an employer that is specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and
      • (ii) is subject only to an obligation of an employer specifically allocated to the professional employer organization by the professional employer agreement or this chapter; and
    • (b) a client:
      • (i) may enforce a right of an employer:
        • (A) allocated to the client in the professional employer agreement or this chapter; or
        • (B) not specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and
      • (ii) is subject to an obligation of an employer:
        • (A) allocated to the client by the professional employer agreement or this chapter; or
        • (B) not specifically allocated to a professional employer organization by the professional employer agreement or this chapter.
  • (2) A right or obligation of a professional employer organization as a coemployer of a covered employee is limited to a right or obligation arising pursuant to the professional employer agreement and this chapter during the term of coemployment of the covered employee by the professional employer organization.




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