W. Va. Code R. § 114-85-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-85-2 - Definitions

In addition to the definitions set forth in W. Va. Code § 33-46A-2, the following definitions apply:

2.1. "Controlling Person" means an officer or director of a corporation operating as a professional employer organization, a shareholder holding twenty-five percent (25%) or more of the voting stock of a corporation operating as a professional employer organization, or a person or partner that possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of a company or partnership operating as a professional employer organization, or a person that possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of a company operating as a professional employer organization through the ownership of voting securities, by contract or otherwise, and who is actively involved in the day-to-day management of the company.

2.2. "PEO" means a professional employer organization as defined in W. Va. Code § 33-46A-2(g).

2.3. "Temporary Help Services" means services consisting of a person:

2.3.a. Recruiting and hiring his, her or its own employees;

2.3.b. Finding other organizations that need the services of those employees;

2.3.c. Assigning those employees to perform work at or services for the other organizations to support or supplement the other organizations' workforces, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects, and

2.3.d. Customarily attempting to reassign the employees to other organizations when they finish each assignment.

W. Va. Code R. § 114-85-2