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Industry Information

Professional Employer Organizations (PEO) - Guide to State-Specific Requirements

Posted Date: December 15, 2023
Page Content

Industry InformationProfessional Employer Organizations (PEO)

PEOs provide professional employer services, including leased workers, to client employers through a PEO/Employee Leasing Arrangement, usually for a fee. A professional employer service may also be referred to as an employee leasing company, labor contractor, or PEO.

Each PEO guide provides state-specific requirements related to:

  • Policy issuance
  • Data reporting
  • Experience rating
  • Endorsements

Information for some states is unavailable where existing laws and rules do not specify treatment of these arrangements.

Note: There are no NCCI manual rules related to PEOs for Hawaii and Massachusetts. For data reporting information for Hawaii and Massachusetts, refer to

  • NCCI’s Policy and Proof of Coverage Reporting Guidebook for reporting requirements of PEO policies and the PEO Policy Type Codes
  • NCCI’s Statistical Plan for Workers Compensation and Employers Liability Insurance for data reporting rules

To view a PEO guide, select a state from the drop-down menu.

NCCI’s key manual resources for PEOs

  • Basic Manual for Workers Compensation and Employers Liability Insurance: reference for underwriting rules for classifying PEO clients, includes
    – any state-specific PEO rules

  • Residual Market Manual for Workers Compensation and Employers Liability Insurance:reference for rules applicable to residual market policies in states where NCCI is the Plan Administrator, includes
    – state approved PEO arrangement rules

  • Experience Rating Plan Manual for Workers Compensation and Employers Liability Insurance: reference for states with specialized rating treatment for employee leasing arrangements

  • Forms Manual of Workers Compensation and Employers Liability Insurance: reference for approved endorsements to be attached to PEO policies
  • Policy and Proof of Coverage Reporting Guidebook: reference for PEO/employee leasing Policy data reporting rules and requirements, includes
    – state-specific PEO Policy Type Code reporting requirements

  • Statistical Plan for Workers Compensation and Employers Liability Insurance: reference for Unit statistical data reporting rules, includes
    – state-specific PEO/employee leasing reporting requirements

  • Experience Rating (ER) Split Data Reporting Guide: reference for conditions and requirements for reporting ER Split Data to NCCI, includes
    – applicable jurisdictions and when to report ER Split Data for PEO clients
​
NCCI Page Content Right Top
Related Links

To review a particular state's statutes for more details regarding the treatment of employee leasing companies, please see the Cornell Law Library's website: ​www.law.cornell.edu/statutes.html

 

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