Staffing your company with temporary workers from your trusted staffing partner is a valuable option. Temp workers help you quickly staff up during periods of growth or during busy seasons. Then, when the workload has subsided, you won’t need to worry about too many employees on payroll without enough work to do—because you hire temps for a scheduled contract period.
Temp workers are employees of your staffing partner, which means you won’t need to handle benefits, health insurance, workers’ compensation insurance, taxes to the IRS, etc. All those expenses are covered by the staffing agency. This makes staffing with temporary workers an affordable and convenient option for getting work done at your company. Your staffing partner makes it fast and easy to find workers with the right qualifications, helping you get staff in place in a fraction of the time it could take to find employees on your own.
Temporary workers’ rights
When you hire temporary workers, it’s important to make note of their rights to ensure you stay in compliance with employment laws.
Temp workers have many of the same rights in your workplace as any other in-house, permanent employee. This includes federal and state laws such as the Civil Rights Act and Americans with Disabilities Act. Just like any employee, temp workers are protected against discrimination and/or harassment based on identifying characteristics like race or gender. Plus, your workplace must have adjustments in place to meet the needs of employees with disabilities, such as wheelchair ramps, braille text on keypads, handicapped parking spaces and wheelchair-accessible bathroom accommodations.
Temp employees are also are covered under the Fair Labor Standards Act (FLSA), which means if a temporary employee works more than 40 hours in a workweek, you are responsible for paying their overtime pay.
Safety rights
Beyond these equal employment rights, temp workers are of course, covered by regulations from the Occupational Safety & Hazard Administration (OSHA), giving them the right to work in a safe environment. OSHA standards protect employees from on-the-job situations that could occur from unsafe and dangerous working conditions and require that employers maintain equipment and processes to ensure the health and safety of all workers.
IRS taxes
Did you know you can be held responsible if income taxes are not paid on behalf of your temp employees? Though the staffing agency is technically responsible for paying taxes to the IRS, you may run into legal issues if this hasn’t happened. It’s always a good idea to follow up with your staffing partner to ensure they are up to date with IRS tax payments for the tax year in which you employed their temporary workers.
What questions do you have about risk management and your company?
Odell Studner can help. We specialize in risk management and are available to answer your questions and help you develop a smart risk management plan for your company. To learn more, contact us today!