No co-employment in SOW, done right
Joint employment does not exist in a — properly managed-- SOW engagement because of the business-to--business nature of the transaction.
The ground is moving
In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor? The answers may be everyone and no one, respectively, writes Elizabeth Larson, an attorney with Michael Best and Friedrich LLC.
Buyer and staffing firm still joint employers post project
The NLRB ruled a construction company and its staffing firm are joint employers — even though the projects for which the staffing firm provided workers were complete.
How to relieve your joint employment anxiety
Some government agencies have changed their rules to more easily find joint employment. Here are ways to mitigate your risk.
Co-employment is a fact of life, but tenure confusion prevails
Used for the right reasons they provide great benefits, but relying on assignment limits to mitigate co-employment risk is ineffective.
Drilling down into joint employer designations
What you need to know about new guidance on how joint employment is established in cases brought under the the FLSA and Migrant and Seasonal Agricultural Worker Protection Act.
Tenure policies are legitimate, but not for mitigating co-employment
Tenure policies have a legitimate role in the ongoing management of contingent workforce (CW) talent. That role can range from setting a point in time that engagement managers need to review the use of a specific CW talent in their business operations, to ensuring the satisfaction of the “long-term or multiple project” contingent worker talent.
When it […]
Court: Temp can sue host company for discrimination
The US Court of Appeals for the Third Circuit recently held that a temporary employee was an employee of both the staffing firm and host company, and therefore could bring a race discrimination claim against the host company under Title VII.
The ‘mythconception’ of tenure, co-employment risks
In Staffing Industry Analysts’ Certified Contingent Workforce Professional (CCWP) classes, certification candidates take part in a “myth and reality” activity around various co-employment mitigation and industry practices. One of those practices is using engagement tenure as a mitigation bulwark to guard against co-employment risks. At this week’s CCWP class in Las Vegas, the industry practice […]
Legislators seek to undo NLRB ‘joint employer’ decision
Republican lawmakers last week introduced legislation to roll back the National Labor Relations Board’s decision that expanded the definition of joint employment, allowing a union to negotiate with a staffing buyer over both traditionally hired and staffing firm workers based on the client employer having indirect control over the workers.
The “Protecting Local Business Opportunity Act” […]
