Akerman`s lawyers are available to employers and staff agencies who wish to reduce legal burdens. If it`s not for one of these purposes, it`s probably best to hire a full-time regular employee, says Machir, who has a dozen Times working on the production surface and has signed hundreds of other contracts with former employers. He also worked for a short stint as a contract agent for a staff agency. Advance planning allows HR to avoid potential problems and build close relationships with reliable recruitment agencies. Here`s a tip: Staff agencies have to use different types of contracts to work. Disputes can arise through contracts. The staff agency must enter into an agreement with the company that employs it, which often contains a clause on the amount of hours a worker must work for the employer before the employer can directly hire the worker. Some employers circumvent these clauses. The staff agency may also face problems when a staff company representative presents a potential employee in violation of contractual terms. The Staff Agency must also develop enforceable contracts for employment and confidentiality agreements. 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. According to the American Staffing Association, misclassification of employees is a „hot topic“ for personnel companies because of many states that are struggling financially and trying to recoup revenues from different companies that have not properly classified workers. Many companies consider workers to be self-employed because of the reduced responsibilities and tax obligations that apply to this category of workers. However, it is in the government`s interest to ensure that workers are properly classified, as self-employed contractors are less likely to report taxes on self-employment than other types of workers. Clients who want to use recruitment agencies should consider the next steps to limit their risk: The more you report your company`s culture and vision, the more successful your relationship with the staff agency will be, says Linda Meeks, Head of Business Development at Kelly Services Inc., another major staff agency. A pet peeve from it is if HR does not respond to emails or other requests for information. „When they don`t give us answers, sometimes you don`t know how to move forward,“ she says.
Natalie Ivey, SHRM-SCP, president of Results Performance Consulting Inc. in Boca Raton, Fla., remembers working years ago in HR for car rental, which was used by a recruitment agency to hire the driver with a suspended license that caused an accident.