Happy Birthday, Rudolph! (You’re Still Just a Temp.)

Temporary workers rudolph reindeer employment law

At age 79, Rudolph is the youngest of Santa’s reindeer, having been created in a promotion for the Montgomery Ward department store in 1939. While he reliably shows up every December, Rudolph is still just a seasonal hire, presumably grazing with his caribou cousins somewhere in Lappland or Siberia the rest of the year.

Seasonal hires, or temps, present special problems. There are different kind of temps.

Temps retained as W-2 employees are regular employees, even if only retained for a short period of time.  Regular employment rules apply.

Temps retained through staffing agencies are a little different, but not much. They are likely joint employees of both the worksite employer and the staffing firm.  They likely take direction and supervision from the worksite employer and work side-by-side with the worksite employer’s regular employees.  These characteristics are generally signs of joint employment.

What is the impact of joint employment? Potentially none, but if the staffing agency does not properly pay its employees, the worksite employer may be on the hook. It is critical to ensure that hours are properly recorded and the staffing firm is reputable and reliable in its pay practices.

The use of temps can be a tremendous help during the holiday season, like having a luminous red headlight for a nose when delivering toys via sleigh.  Just be sure to tighten all the reins before taking off.

© 2018 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved.

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