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Know the risks when hiring third-party workers

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in Centerpiece,Hiring,Human Resources

by Michael R. Marra, Esq.

National Labor Relations BoardU. S. businesses currently engage approximately 2.7 million temporary and staffing agency workers—and that does not include the many workers engaged through other subcontracted service providers.

For some time, employers had been bracing for the National Labor Relations Board’s recent decision regarding its new, broader standard for “joint employer” status. Because the board’s decision appears to be about as far off the mark as business groups and management-side attorneys had feared, it’s a good time to remind employers of just a few of the consequences of the joint employer doctrine to consider when engaging third-party contractors.

Joint employer FLSA liability

When an employer is found to be the joint employer of a worker (together with that worker’s staffing agency or traditional employer), the retailer will become liable for wages and overtime under the Fair Labor Standards Act (FLSA), togethe...(register to read more)

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