An article in the February edition of the Corporate Counsel, reviews the potential liabilities of working with temporary workers. According to the article, in July, August, and September of 2011 alone, businesses hired 53,000 new temporary workers. The article identifies five risks in hiring temps:
- Liability as a joint employer for numerous exposures, including wage and hour, discrimination and harassment, FMLA, ADA, and others.
- Entitlement of temporary employees to benefits (understanding employee eligibility is the key).
- Failure to provide temporary employees with reasonable accommodation.
- Returning a temporary employee to work after FMLA leave.
- Unsuccessful attempts to organize a bargaining unit that includes both regular employees and temps.
Every HR executive should read this well-written article. HR That Works Members should look at the Special Report on the Contingent Workforce, which includes a comprehensive checklist.
