Employers hire temporary workers for many reasons—often to fill in for absent employees or to ramp up staffing during times of increased demand or special projects.
Employers must be alert to the legal issues surrounding the use of temps and other contingent workers, particularly the liability employers may face if a worker brings a lawsuit.
Here’s why: Employees of a temp agency who are assigned to work at a company may also be viewed as employees of the company.
If the temporary agency and the company are viewed as joint employers, the temp will have many of the same legal rights as a regular employee, including the right to sue the company (as well as the temp agency) for discrimination and other claims.
New joint-employer standard
Last year, the National Labor Relations Board (NLRB) created a new standard for evaluating joint-employer relationships—a standard that leans heavily in favor of finding that a joint-employer r...(register to read more)