52-04-00.1. Definitions

52-04-00.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Agency" or "bureau" means job service North Dakota.

2. "Client company" means a person that contracts to receive services, within the course

of that person's usual business, from a staffing service or that contracts to lease any or

all of that person's employees from a staffing service.

3. "Knowingly" means having actual knowledge of or acting with deliberate ignorance or

reckless disregard for the prohibition involved.

4. "Staffing service" means an employer in the business of providing the employer's

employees to a client company to perform services within the course of that client

company's usual business. The term includes a professional employer organization, a

staff leasing company, an employee leasing organization, and a temporary staffing

company. The term "staffing service" must be broadly construed to encompass an

entity that offers services provided by a professional employer organization, a staff

leasing company, an employee leasing organization, or a temporary staffing company,

regardless of the term used.

5. "Temporary staffing" or "temporary staffing service" means an arrangement through

which an employer hires its own employees and assigns the employees to a client

company to support or supplement the client company's workforce in a special work

situation, including an employee's temporary absence; a temporary skill shortage; a

seasonal workload; or a special assignment or project with a targeted end date.

The term does not include an arrangement through which the majority of the

client company's workforce has been assigned by a temporary staffing service for a

period of more than twelve consecutive months.

6. "Unemployment insurance tax rate" means the rate calculated or assigned under

sections 52-04-05 and 52-04-06.

7. "Violates or attempts to violate" includes intent to evade, misrepresentation, and willful

nondisclosure.

8. "Workforce" means some or all of the employees of a transferring employer.