Staffing Agreement Issues

Who is responsible for workers` compensation and other matters – the agency or the client? 3. Require proof of assurance. Clients should require proof of workers` insurance coverage before assigning the task to a staff agency and be checked periodically. Ideally, the Staff Agency will maintain the Employment Practices Liability Insurance (EPLI) and designate the client as an additional insured. Advance planning allows HR to avoid potential problems and build close relationships with reliable recruitment agencies. Here are some tips: focus on safety. Ask the staff agency representative to visit your facility and meet with the security officer. The staff agencies and the companies that mandate them are jointly responsible for security. Therefore, good communication is needed to ensure that the hazardous working conditions that exist and the training that everyone offers to ensure that temporary workers have a safe working environment, according to the oshA website. I like #2 as a backstop for #1, because it prevents the accidental denunciation of the whole agreement by someone who does not understand the legal problems that would arise from denouncing the agreement. Speak clearly. To ensure a good match, you can discuss with the recruiter your top priorities for a specific opening, advises Paul McDonald, Senior Executive Director at Robert Half International Inc., one of the largest personnel agencies in the United States. For high-quality jobs, a brief telephone conversation with HR, the recruiter and the line manager can save time in the long run, he says.

The inclusion of this example by the DOL is important for an OPP, as under numerous government laws on licenses and PEO customer service contracts, the IEP must reserve the right to direct and control site employees (co-employees). Keep in mind that under government OEP laws, an OEP has the right to perform certain “employer” functions, such as employment insurance guarantee, wage reporting for unemployment and wage taxes, filing and withholding of payroll taxes, and it is likely that the booking of guidance and/or control will serve as the basis for granting such rights to employers. At the same time, it is well known and recognized that a GPE almost never exercises these rights. This is simply not practical and does not reflect the reality of the relationship. The client retains control and management of the staff and the workstation. Given that the standard legal reserve could potentially be a means of reproaching the status of a common employer, the inclusion of this example by the DOL should contribute to the failure of such a claim. In California, in the wage and hourly context, the “who is an employer” test is broad and includes an “employee or control of a person`s wages, hours or working conditions.” This definition reaches situations in which multiple entities control different aspects of the employment relationship, z.B. when a company that employs and pays workers places them in other positions that monitor the work. According to the California Supreme Court, California`s salary language should “specifically include temporary employment agencies and employers who contract with such agencies in order to obtain employees within the meaning of “employer. ”