260 R.I. Code R. 260-RICR-50-05-11.3

Current through December 3, 2024
Section 260-RICR-50-05-11.3 - Definitions

"Beacon Mutual Insurance Company" means the workers' compensation insurance fund established pursuant to R.I. P. L. 2003, Ch. 410.

"Client" means an entity which obtains all or part of its workforce from another entity through an employee leasing arrangement or which employs the services of an entity through an employee leasing arrangement. In this regulation, the client may also be referred to as lessee.

"Director" means the Director of Labor and Training or his or her designee unless specifically stated otherwise.

"Department" means the Department of Labor and Training.

"Employee Leasing Arrangement" means an arrangement, under contract or otherwise, whereby one business or other entity leases all or a significant number of its workers from another business. Employee leasing arrangements include, but are not limited to, full service employee leasing arrangements, long-term temporary arrangements, and any other arrangement which involves the allocation of employment responsibilities among two or more entities. For purposes of this rule employee leasing arrangement does not include arrangements to provide temporary help service.

"Labor Contractor" means an entity that grants a written lease to a client through an employee leasing arrangement. In this regulation, the labor contractor may also be referred to as an employee leasing company and or a lessor.

"Leased Employee" means a person performing services for a lessee under an employee leasing arrangement.

"Lessee" means an entity which obtains all or part of its work force from another entity through an employee leasing arrangement or which employs the services of an entity through an employee leasing arrangement. In this Regulation, a lessee may also be referred to a client.

"Lessor" means an entity that grants a written lease to a lessee through an employee leasing arrangement, including the employee leasing companies who are lessees of employee leasing company and multiple arrangements thereof. In this Regulation, the lessor may also be referred to as an employee leasing company and/or a labor contractor.

"Multiple Coordinated Policies Basis" means the insurer and labor contractor will coordinate workers' compensation insurance policies providing coverage to leased employees as set forth in § 11.4(C) of this Part.

"Premium Subject to Dispute" means that premium shall be considered subject to dispute only if the insured has provided a written notice of dispute to the insurer or service carrier, has initiated any applicable proceeding for resolving such disputes as prescribed by law or rating organization rule, or has initiated litigation regarding the premium dispute. The insured must have detailed the specific areas of dispute and provided an estimate of the premium the insured believes to be correct. The insured must have paid any undisputed portion of the bill.

"Temporary Help Service" means a service whereby an organization hires its own employees and assigns them to clients for a limited duration, not to exceed three (3) months, to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages and seasonal workloads. If a temporary help service assigns employees to fill a position or to perform substantially the same responsibilities for a client for not more than three (3) months, the employee shall be considered to be a leased employee.

260 R.I. Code R. 260-RICR-50-05-11.3