Maine Code § 10-1495-B

Disclosure to employers
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1. Generally.
[PL 2003, c. 668, §3 (RP); PL 2003, c. 668, §12 (AFF).]
2. Exception.
[PL 2003, c. 668, §3 (RP); PL 2003, c. 668, §12 (AFF).]
3. Periodic reports to employers. On a regular basis not less frequently than quarterly, a payroll
processor shall provide to each employer an accounting of:
A. Funds received from that employer; and [PL 2003, c. 668, §4 (NEW); PL 2003, c. 668,
§12 (AFF).]
B. The aggregate amounts disbursed for:
(1) Payroll;
(2) Each category of local, state and federal tax; and
(3) Unemployment compensation premiums. [PL 2003, c. 668, §4 (NEW); PL 2003, c.
668, §12 (AFF).]
[PL 2003, c. 668, §4 (NEW); PL 2003, c. 668, §12 (AFF).]
4. Disclosure of methods of verification. On a regular basis not less frequently than quarterly, a
payroll processor shall clearly and conspicuously and in easily understood language disclose to each
employer for which it provides payroll processing services the specific method or methods whereby
each employer can contact state and federal tax and unemployment insurance authorities, including but
not limited to Internet address and toll-free telephone number information, to verify that payments have
been made and properly credited on behalf of the employer.
[PL 2003, c. 668, §4 (NEW); PL 2003, c. 668, §12 (AFF).]
5. Disclosure of limitations of surety bond. Whenever a payroll processor promotes, markets or
advertises itself or its services and uses the phrase "bonded with the State" or "fully bonded" or other
language that in the opinion of the administrator would lead an employer to believe that the bond
coverage provides full compensation for potential losses should the payroll processor fail to make
required payments or become insolvent, the payroll processor shall also include a clear and conspicuous
disclaimer stating that use of the language referencing bonding does not signify or ensure that the bond
will cover all potential claims if the payroll processor fails to comply with its responsibilities under this
chapter. A payroll processor also shall provide this disclaimer to an employer before contracting for
payroll processing services to that employer.
[PL 2003, c. 668, §4 (NEW); PL 2003, c. 668, §12 (AFF).]
6. Notices of nonpayment to be sent to employers. A payroll processor may not designate itself
as the sole recipient of notices from state or federal authorities for nonpayment of taxes or
unemployment insurance contributions. A payroll processor shall ensure that such notices are provided
directly to the affected employers.
[PL 2003, c. 668, §4 (NEW); PL 2003, c. 668, §12 (AFF).]
7. Exception. A payroll processor that does not have the authority to access, control, direct,
transfer or disburse a client's funds is not subject to this section.

[PL 2003, c. 668, §4 (NEW); PL 2003, c. 668, §12 (AFF).]

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