16 Tex. Admin. Code § 72.70 – Responsibility of Licensee

(a) All licensees shall notify assigned employees and clients of the name, mailing address, and telephone number of the department. The notice shall also contain a statement that unresolved complaints concerning a licensee or questions concerning the regulation of staff leasing services may be addressed to the department. All licensees shall notify in writing each assigned employee that, pursuant to §91.032(c) of the Code, a client company is solely obligated to pay any wages for which:
1. (1) obligation to pay is created by an agreement, contract, plan, or policy between the client company and the assigned employee; and
2. (2) the staff leasing services company has not contracted to pay.
  1. (A) Notwithstanding §72.70(a), the staff leasing company may process payments for wages that it has not contracted to pay at the request or direction of clients.
  2. (B) The notice required by §72.70(a) shall be made a part of all contractual agreements between licensees and clients. The notification shall appear in a typeface no smaller than the body of the contract and shall be printed in bold face, all capital letters or contrasting color of ink, so as to be set out from the surrounding written material in a conspicuous manner.
  3. (C) Each assigned employee of a licensee shall be provided the notice required by subsection (a). The notice shall be provided either as:
    1. (i) a wallet size card;
    2. (ii) a notice printed not less often than once every six months on a pay stub; or
    3. (iii) a separate piece of paper provided to the assigned employee which may be part of a contract or other agreement with the assigned employee.
  4. (D) The licensee shall have each assigned employee sign a document indicating they received the required notification set forth in §72.70(a), which shall be kept on file for two years after employment is terminated. The signed notice may be included as part of a contract or other agreement with the assigned employee or may be a separate document.
(b) License applications and licensee information required on the application shall be updated within 45 days after any material change to any of the information provided on original or renewal applications.

Source Note:The provisions of this §72.70 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173.