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Using day labor? Keep relationship contractual

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in Discrimination and Harassment,Human Resources

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer.

Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Recent case: Matthew, who is black, worked as a day laborer for Labor Ready. He was assigned to a Tuesday Morning store opening for a few days. When the job was over, he tried to sue Tuesday Morning for alleged race discrimination.

The court rejected his claim be­­cause he couldn’t show more than a casual relationship with Tuesday Morning. His pay, hours and all other employment details went through Labor Ready. (Faush v. Tuesday Morning, No. 12-7137, ED PA, 2014)

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