Employers can enjoy many benefits from hiring independent
contractors and workers from temporary staffing or leasing
agencies. They can achieve increased efficiency and flexibility;
save money on recruiting, training and payroll; and reap other
However, to unsuspecting employers, the perceived benefits may
be far outweighed by the costs of damages, fines and penalties
associated with improperly using or classifying such workers.
Employers who think they can avoid tax and employment laws by
simply shifting the burden to a third party should think twice. The
reality is laws relating to employment-related taxes, wages,
discrimination, benefits and other matters may cover these workers,
Have you hired workers from third-party agencies? Have you
entered into relationships with independent contractors? If so, you
should take a closer look at those relationships to make sure they
comply with applicable laws.
The question in each of these arrangements is whether a worker
is properly classified as one of your "employees," thus triggering
their rights and your obligations under employment laws. More often
than not, the answer—surprising to most...
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