Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations
Section 30.08 - Registrations and Certificates

Universal Citation: 454 MA Code of Regs 454.30

Current through Register 1531, September 27, 2024

(1) The allocation of rights, duties, and obligations under a professional employer agreement shall not obligate a PEO to be licensed, certified, or registered in any profession requiring such credentials and the performance of professional employer services for clients engaged in licensed professions shall not subject a PEO to liability or punishment for engaging in a profession without due certification. All licenses, certificates, registrations and credentials and all privileges and burdens of the same remain with the license holder and are unaffected by the PEO relationship.

(a) A covered employee who is required to be licensed, registered or certified according to law or regulation shall be deemed solely an employee of the client for purposes of any such license, registration or certification requirement.

(b) A PEO shall not be engaged in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements or is otherwise regulated by a government agency solely by entering into and maintaining a PEO relationship with a covered employee who is subject to such requirements or regulation.

(c) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Covered employees and clients shall remain subject to regulation by the regulatory or governmental entity responsible for licensing, registration or certification of such covered employees or clients.

(2) No PEO registration may be assigned or transferred without the prior written approval of the director. Application for such approval shall be made in the same manner as an application for registration. An unregistered PEO may not work as an agent of a registered PEO. A registered PEO may not transfer the rights and privileges of licensure to an unregistered PEO.

(3) PEOs seeking to change their address must notify the department in writing of their new address within 30 days after such change is made. Supporting documentation and or a site visit may be required by the department to verify the change of address.

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