Co-Employment: Employer Liability Issues in Third-Party Staffing Arrangements
Protect your business. Staffing professionals and their clients need to know the facts about co-employment—the relationship between a staffing firm and its client in which each has legal rights and duties with respect to the temporary and contract employees that the staffing firm assigns to the client.
Co-Employment provides those facts and reviews the legal and operational implications of co-employment in many critical areas affecting the terms and conditions of employment, such as employee benefits, workers' compensation, and labor relations.
This sixth edition—published by ASA in 2007—addresses significant recent developments and reflects the current status of the evolving area of co-employment law. This most recent printing includes expanded information on complying with equal employment opportunity laws and understanding the EEO regulations that apply to Internet recruitment.
Because it is also a required text for the ASA Certified Staffing Professional™ and Technical Services Certified™ programs, you can order Co-Employment as part of a value-priced certification package.
Read an excerpt from Co-Employment.
Contents
Acknowledgments
Preface
1. Introduction
2. Staffing Services Defined
- Temporary and Contract Staffing
- Part-Time and Temporary Work Distinguished
- Long-Term Staffing
- Employee Leasing (Professional Employer Organizations)
- Payrolling
- Managed Services
- Recruiting and Placement Services
- Temporary-to-Hire
- Independent Contractors
3. Co-Employment Defined
4. Laws and Regulations
- Compensation and Benefits
- Workers' Compensation
- Unemployment Insurance
- Employment Taxes
- Wage and Hour Issues
- Health and Pension Benefits
- Family and Medical Leave
- Employment Practices
- Equal Employment Opportunity Laws
- Labor–Management Relations
- Work Site Safety
- Wrongful Discharge
- Immigration and I-9 Verification
- Privacy Protection
5. Maintaining the Staffing Company's Employer Status
6. The Future of Staffing Services
Appendixes
A. State Laws That Regulate Temporary Staffing Firms
B. State Laws That Regulate Employee Leasing Services
C. State Laws Regarding Exclusive Remedy for Special Employers
D. Internal Revenue Service 20-Factor Test for Determining Who Is an Employee
E. Department of Labor Opinion Letter on Joint Employer Obligations for Minimum Wage and Overtime Pay
F. Federal Tax Provisions Regarding Leased Employees—Internal Revenue Code Section 414(n)
G. IRS Technical Advice Memorandum: Retirement Plans May Exclude Leased Employees
H. Equal Employment Opportunity Commission Guidelines on Application of EEO Laws to Contingent Workers
I. EEOC Guidelines on Application of the Americans With Disabilities Act to Contingent Workers
J. EEOC Instructions for Completing EEO–1 Report
K. Occupational Safety and Health Administration Record-Keeping Rules
Case Index
Subject Index
About the Author
Edward A. Lenz, ASA senior vice president and general counsel
Ed Lenz is the staffing industry's chief legal advocate and a leading authority on the legal and public policy aspects of staffing. He has testified before Congress, state legislatures, and regulatory agencies, and written and spoken widely on industry issues. Before joining ASA in 1989, Ed was vice president and assistant general counsel of Kelly Services. Prior to entering the staffing industry in 1982, he served in government and in private law practice in Washington, DC. In 2001, he was inducted as a Fellow of the College of Labor and Employment Lawyers.
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Related Resources
Book: Employment Law for Staffing Professionals
ASA Web page: Staffing-Specific Laws
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