
Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
: |
Employers should be aware that temporary workers — though hired through a staffing agency — may still affect the Family and Medical Leave Act (FMLA) responsibilities of their company. There are three areas of concern for employers when it comes to FMLA responsibilities:
Joint or co-employment
While the staffing agency is the primary employer for purposes of many laws, the host company is automatically a joint or “co-employer” for many situations. The term “co-employment” is often used interchangeably with “joint employment.” Employers must keep in mind that some obligations to “regular" employees under law must cover joint employees as well.
Many employers fear creating a co-employment relationship with a temporary worker who was hired through a staffing agency, even though it cannot be avoided in many cases (and does not necessarily impose additional obligations on the company). There is no single source for information on co-employment, in part because the concept applies differently depending on the relevant law and jurisdiction.
In most cases where a host company uses temporary workers from a staffing agency, certain co-employment obligations will automatically exist. Aside from FMLA considerations, a temporary worker is also protected by discrimination laws from actions by both the host company and staffing agency. A temporary worker could file a discrimination or harassment claim against the host employer for actions they take. Alternatively, a temporary worker could create liability if they are the offender, and the host employer fails to address misconduct (typically done by contacting the staffing agency to ask them to address the problem).
Additionally, the Fair Labor Standards Act (FLSA) addresses joint employment where an individual works to benefit more than one employer. For example, a host employer could be liable for recordkeeping violations or back pay if it asks a temporary worker to work without recording their hours or denies a lunch break while still deducting 30 minutes of pay for a meal period. Temporary workers should report such problems to their staffing agencies; and if a lawsuit arises, a host company could face liability.
As the employer of record, the staffing agency is responsible for tax deductions, completing a Form I-9 for new hires, and most other aspects of the employer/employee relationship. Even so, any relationship where the host employer exercises some control over the temporary worker (such as directing the day-to-day tasks) may create a joint or co-employment relationship under certain laws.
Employers should be aware that temporary workers — though hired through a staffing agency — may still affect the Family and Medical Leave Act (FMLA) responsibilities of their company. There are three areas of concern for employers when it comes to FMLA responsibilities:
Joint or co-employment
While the staffing agency is the primary employer for purposes of many laws, the host company is automatically a joint or “co-employer” for many situations. The term “co-employment” is often used interchangeably with “joint employment.” Employers must keep in mind that some obligations to “regular" employees under law must cover joint employees as well.
Many employers fear creating a co-employment relationship with a temporary worker who was hired through a staffing agency, even though it cannot be avoided in many cases (and does not necessarily impose additional obligations on the company). There is no single source for information on co-employment, in part because the concept applies differently depending on the relevant law and jurisdiction.
In most cases where a host company uses temporary workers from a staffing agency, certain co-employment obligations will automatically exist. Aside from FMLA considerations, a temporary worker is also protected by discrimination laws from actions by both the host company and staffing agency. A temporary worker could file a discrimination or harassment claim against the host employer for actions they take. Alternatively, a temporary worker could create liability if they are the offender, and the host employer fails to address misconduct (typically done by contacting the staffing agency to ask them to address the problem).
Additionally, the Fair Labor Standards Act (FLSA) addresses joint employment where an individual works to benefit more than one employer. For example, a host employer could be liable for recordkeeping violations or back pay if it asks a temporary worker to work without recording their hours or denies a lunch break while still deducting 30 minutes of pay for a meal period. Temporary workers should report such problems to their staffing agencies; and if a lawsuit arises, a host company could face liability.
As the employer of record, the staffing agency is responsible for tax deductions, completing a Form I-9 for new hires, and most other aspects of the employer/employee relationship. Even so, any relationship where the host employer exercises some control over the temporary worker (such as directing the day-to-day tasks) may create a joint or co-employment relationship under certain laws.