Pennsylvania Statutes Title 43 P.S. Labor § 933.104. Construction

(a) Collective bargaining agreements.--Nothing contained in this act or in any professional employer agreement shall affect, modify or amend any existing collective bargaining agreement, specifically limit or affect any future collective bargaining agreement, or affect, modify or amend any rights or obligations of any client, PEO or covered employee under the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.), the Railway Labor Act (Public Law 69-257, 44 Stat. 577) or the act of June 1, 1937 (P.L. 1168, No. 294),  1 known as the Pennsylvania Labor Relations Act. For purposes of determining the number of workers for existing and prospective collective bargaining agreements, each client shall be treated as employing its direct hire employees and only those covered employees coemployed by the client.

(b) Employment arrangements.--Nothing in this act or in any professional employer agreement shall:

(c) Licensing.--Nothing contained in this act or any professional employer agreement shall affect, modify or amend any Federal, State or local licensing, registration or certification requirement applicable to any client or covered employee. The following apply:

(d) Tax credits and other incentives.--For purposes of determination of tax credits and other economic incentives provided by the Commonwealth or other government entity and based on employment, covered employees shall be deemed employees solely of the client. A client shall be entitled to the benefit of any tax credit, economic incentive or other benefit arising as the result of the employment of covered employees of the client. If the grant or amount of any incentive is based on the number of employees, then each client shall be treated as employing its direct hire employees and those covered employees coemployed by the client. Covered employees working for other clients of the PEO shall not be counted. Each PEO will provide, upon request by a client or an agency or department of the Commonwealth, employment information reasonably required by any agency or department of the Commonwealth responsible for administration of a tax credit or economic incentive and necessary to support any request, claim, application or other action by a client seeking the tax credit or economic incentive.

(e) Disadvantaged business.--With respect to a bid, contract, purchase order or agreement entered into with the Commonwealth or a political subdivision of the Commonwealth, a client company's status or certification as a small, minority-owned, disadvantaged or woman-owned business enterprise or as a historically underutilized business is not affected because the client company has entered into an agreement with a PEO or uses the services of a PEO.

(f) Other entity as employer.--Nothing in this act shall be construed to designate any entity other than the client as the employer of any employee performing services for or on its behalf while employed directly or indirectly by a PEO for any purposes other than those specifically designated in this act. Persons performing services for or on behalf of a client shall be deemed to be employees of the client for all purposes other than those specifically designated in this act where persons may be considered employees of a PEO.