Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint employment, most commonly through use of a staffing agency.
A recent case from South Carolina illustrates the point. The worker was hired by a staffing company and assigned to work for the company against which the worker brought the lawsuit. She complained about sexual remarks from one of the company supervisors, and the worker’s assignment with the company was terminated a few days later. The worker then sued both the staffing agency and the company. There was no dispute that the staffing agency had employed her, but the company escaped liability, or so it thought, by claiming it was not the worker’s employer. The appeals court said the company exercised sufficient control over the worker to also be considered her employer and therefore told the trial court it had to consider her claims on the merits. Continue reading this entry