Sec. 91.0012. COVERED EMPLOYEE. (a) A covered employee must meet all the following criteria: (1) the individual must receive written notice of the coemployment relationship with the professional employer organization; and (2) the individual's coemployment relationship must be under a professional employer services agreement subject to this chapter. (b) An individual who is an executive employee, as described by Section 406.097 , of the client is a covered employee, except to the extent the professional employer organization and the client expressly agree in the professional employer services agreement that the individual is not a covered employee.
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