Utah Professional Employer Organization (PEO) Bond

UtahThere is a new requirement for Professional Employer Organizations in the state of Utah referred to as HB 159. The new law requires the Professional Employer Organizations (PEOs) to sustain a minimum working capital of $100,000 or post a bond in an amount no less than $100,000. The surety bond would guarantee the payment of any wage, tax, benefit, or other entitlement due to a covered employee not receiving payment from the PEO when it was due. HB 159 states that a “covered employee is not, only as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, fidelity bond, surety bond, employer’s liability not covered by workers’ compensation, or liquor liability insurance carried by the professional employer organization unless the covered employee is included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract, or bond.” The new requirements have already been introduced and enacted in other states with the new provisions based on model legislation.