| (a) Notices to Clients.
(1) A licensee must notify its clients of the name,
mailing address, and telephone number of the department. The notice
also must contain a statement that unresolved complaints concerning
a licensee or questions concerning the regulation of PEO's may be
addressed to the department.
(2) The notice required by this subsection must be
made a part of all agreements between licensees and clients. The notification
shall appear in a typeface no smaller than the body of the contract
and shall be printed in bold face, all capital letters or contrasting
color of ink to set it out from the surrounding written material.
(b) Notices to Covered Employees.
(1) A licensee must provide written notice of a professional
employer services agreement to each covered employee that sets forth
the general nature of the coemployment relationship, the name, mailing
address, website www.tdlr.texas.gov, and telephone number of the department,
and a statement that unresolved complaints concerning a licensee or
questions concerning the regulation of PEO services may be addressed
to the department.
(2) A licensee must notify each covered employee that,
pursuant to §91.032(c) of the Code, a client company is solely
obligated to pay any wages for which:
(A) an obligation to pay is created by an agreement,
contract, plan, or policy between the client company and the covered
employee; and
(B) the PEO has not contracted to pay.
(3) A licensee shall have each covered employee either
sign a document or electronically acknowledge that the covered employee
has received the notice required by §72.70(b)(1) and other notices
set forth in this subsection. The signed document or electronic record
must be kept on file for two years after employment is terminated.
The signed document or electronic record may be included as part of
the professional employer services agreement or other agreement with
the covered employee or may be a separate document.
(c) Notwithstanding subsection (b)(2), a PEO may process
payments for wages that it has not contracted to pay at the request
or direction of its clients.
(d) A licensee must update the information provided
to the department as part of the original or renewal license application
within 45 days after any change to the information.
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