1. (a) Notices to Clients.

   1. (1) A licensee must notify its clients of the name, mailing address, and telephone number of the department. The notice also must contain a statement that unresolved complaints concerning a licensee or questions concerning the regulation of staff leasing services may be addressed to the department.
   2. (2) The notice required by this subsection must 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 to set it out from the surrounding written material.

2. (b) Notices to Assigned Employees.

   1. (1) A licensee must notify each assigned employee of the name, mailing address, and telephone number of the department. The notice also must contain a statement that unresolved complaints concerning a licensee or questions concerning the regulation of staff leasing services may be addressed to the department.

   2. (2) A licensee must notify 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. (A) an obligation to pay is created by an agreement, contract, plan, or policy between the client company and the assigned employee; and
      2. (B) the staff leasing services company has not contracted to pay.

   3. (3) A licensee must provide the notices required by this subsection in writing. The required notices shall be provided either as:

      1. (A) a wallet size card;
      2. (B) a notice printed not less often than once every six months on a pay check stub; or
      3. (C) 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. (4) A licensee shall have each assigned employee sign a document indicating the assigned employee has received the required notices set forth in this subsection. The signed document must be kept on file for two years after employment is terminated. The signed document may be included as part of a contract or other agreement with the assigned employee or may be a separate document.
3. (c) Notwithstanding subsection (b)(2), a staff leasing company may process payments for wages that it has not contracted to pay at the request or direction of its clients.
4. (d) A licensee must update the information provided to the department as part of the original or renewal license application within 45 days after any change to the information.

Source Note:The provisions of this §72.70 adopted to be effective January 1, 2010, 34 TexReg 9430.