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OnDemand Course

Temporary Staffing Agencies and the Legal Risks Attached

Be in compliance with the utilization of temporary staffing agencies.

Many employers who contract with temporary staffing agencies assume that, because they are not the on paper employer of the workers provided by the agency, they need not worry about legal compliance issues that they face with their own W-2 employees. This is often not the case. A staffing agency client that lacks understanding of how and under what circumstances the law may deem it a joint or co-employer of the staffing agency's employees cannot take the necessary steps to ensure compliance with the law and minimize its risks. Staffing agencies, in addition to facing similar issues as its clients, also face the challenge of ensuring that their employment practices comply with the frequently inconsistent and hyper-technical employment laws and regulations of each state and jurisdiction in which they conduct business. This challenge is particularly acute for swiftly growing agencies that are expanding their presence nationwide faster than they can keep up with the employment laws of each new jurisdiction where they set up shop. This topic will teach both staffing agencies and staffing agency clients to issue spot, i.e., to recognize risky policies and practices that could expose them and their clients and business partners to employment claims and liability. The ability to take prophylactic measures to prevent risky situations is critical to satisfying and productive relationships between staffing agencies and their clients. This information will discuss best practices for mitigating the legal risks inherent in and unique to staffing relationships.

88 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

How to Manage Risks of Joint and Co-Employment Relationships Between Staffing Agencies and Their Clients

  • Potential Shared Liability Under Federal and State Laws
  • Contractual Indemnity Protections
  • Responding to Allegations of Employment Law Violations Against Joint or Co-Employer
  • Need for Separate Policies and Benefits

How to Ensure Compliance With Differing, and Sometimes Inconsistent, Laws in Different States and Jurisdictions

  • Inconsistent Laws Regarding Post-Employment Restrictive Covenants
  • Highly Technical Wage and Hour Requirements (e.g., Time Keeping, Timely Payment of Final Wages, Payroll and Personnel Records, Content of Pay Statements, Wage Garnishments and Deductions, Meal and Rest Break Compliance)
  • Procedures and Guidelines Propagated by State Agencies Tasked With Enforcing Wage and Hour and Other Employment Laws
  • Managing Leaves of Absence
  • Inventions Assignments and Confidentiality Agreements
  • Background Checks
  • EEO Compliance

Other Legal Issues Facing Staffing Agencies and Clients of Staffing Agencies

  • Union Organizing Efforts and Risks
  • Immigration Law Compliance
  • Recordkeeping Requirements
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More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 3, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tyler M. Paetkau

Tyler M. Paetkau

Procopio, Cory, Hargreaves & Savitch LLP

  • Partner in the law firm of Procopio, Cory, Hargreaves & Savitch LLP
  • Practice emphasizes all aspects of employment law
  • Admissions: California; U.S. District Court, Southern District of California; U.S. District Court, Northern District of California; U.S. District Court, Central District of California; U.S. District Court, Eastern District of California; Supreme Court of the United States; U.S. Court of Appeals for the Ninth Circuit
  • Can be contacted at 650-645-9027 or [email protected]
Olga Savage

Olga Savage

Procopio, Cory, Hargreaves & Savitch LLP

  • Senior associate in the law firm of Procopio, Cory, Hargreaves & Savitch LLP
  • Practice emphasizes all aspects of employment law
  • Admissions: California (state and federal courts)
  • J.D. degree, Stanford University
  • Can be contacted at 650-645-9033 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406389
Published 2019
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