This month I have been focused on summer clean up. We moved back into our house after six months of unintentional reconstruction, thanks to failed plumbing supply line on the second floor that created an impromptu shower and bath throughout the first floor of our house. Welcome home from vacation, late December 2020.
But now I’m back and getting organized. Cleaning house. Moving forward.
Late summer can also be a good time to clean house and eliminate unnecessary legal risks. With the White House about to release a new rule on joint employment, now is the time to review your staffing agency agreements.
You’ll want to check for these three things:
- The Monster with Three Eyes. You need these three components to protect against joint employment claims, no matter what test applies.
- A clause like this one, to allow you to remove unwanted workers without exerting the type of control that would make you their employer.
- Awareness of FMLA risks. Know what to watch with temps-to-hire, and don’t forget about this often-overlooked rule.
Still looking for more places to click? Here are Five Things You Should Know About Joint Employment.
The rules and the tests will keep changing, but the joint employment issue is here to stay. The risks of joint employment will only increase over the next few years.
It’s time for some summer cleaning. You can work magic with a few adjustments to your contracts, and you shouldn’t need a dumpster to complete this clean up exercise.
© 2021 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved.