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Dual Employment

ReynaReyna 5 Posts
in HR & Employment Law Vote Up0Vote Down
We request temp ees from an staffing agency. I know that in order to avoid any co-employment issues we must avoid some things. Few weeks ago I had a conversation with this agency about this. Along with another things I requested them to put a memo on their ee's check about not calling us for any approve time off or when they could not make it in, instead to call them.I have a situation where an ee called us (her supervisor) to let us know that she was sick and therefore unable to come in.The supervisor is telling me that she have asked for them to let us know when they are not going to meke it in and that she talked with the temp agency about this and that they told her "as long as one of us were notified we should be fine, but I think most of our ee's call both places"......Do you think that this could constitute a co-employment issue? do you know where I can find a detail info about what dual employment entails?
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  • LarryCLarryC 1,267 Posts
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    What you're talking about here, Reyna, is a courtesy thing and shouldn't jeopardize any employment arrangement you have with the temp agency. Out of courtesy, your supervisors should be informed by the temp that he/she will not be there that day. The temp then calls the temp agency, their real employer and informs them as well. Unless you enter into an employee lease agreement with the temp agency, they will continue to be considered temporary employees employed by those who carry the work comp on them, offer benefits to them, and pay them, namely the temp agency.
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  • pork1pork1 1,054 Posts
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    REYNA: It is this very issue that I have moved away from the temp agency format of hiring and placement. The agency needs to be directly involved with the attendance and performance issues pertaining to their employee. I found, after the fact, that the NLRB is quick to dismiss the agency as the only employer when the seperation of the relationship with the employer and the agency is remotely connected. If your company does not have the ability to prove that daily supervision of the employee, the safety concerns with Worker's Comp, and Unemployment insurance issues and the weekly payroll, and someone from the agency walking the floor of the operating plant, hiring and firing of the employees, then the co-employer situation is apparant and these employees have the right to vote and a say in who can represent them in any union drive!

    I recommend you get away from this method especially, when the union visibility is routine in your area of concern.

    PORK
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  • ReynaReyna 5 Posts
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    Before temp ee were coming directly to the supervisors to ask for time off. When I found out about it I had a conversation with the agency and supervisors and it was corrected. The temp agency has always do the hiring,firing, attendance....etc.It was just this thing that was happening. What do you exactly mean by daily supervision of the ee?
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  • ReynaReyna 5 Posts
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    Thank you, Larry.
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