Prime Pensions, Inc.
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Central Pension Fund of the IUOE
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Retirement Plan Legal Specialist Pentegra
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Jr Retirement Plan Administrator/ Administrative Assistant Hochheiser Deutsch & Co, Inc.
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Defined Benefit Calculation Specialist/Actuary The Angell Pension Group, Inc.
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Nova 401(k) Associates
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Nicholas Pension Consultants
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Central Pension Fund of the IUOE
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Retirement Plan Relationship Manager ERISA Services, Inc.
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Carpenter Morse Group
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Compass Retirement Consulting Group, Inc.
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Bates & Company
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Retirement, LLC
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United 401(k) Plans, Inc.
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Trucker Huss, A Professional Corporation
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Question 11: My business routinely leases employees for several months. If we like them, we hire them. If not, we ask the agency to send us someone else. These are the same temp employees they would use for 1 week assignments while an employee is on vacation, workers the agency has recruited. How do we count their hours of service once we hire them? |
Answer: The following answer is drawn from Q 4:37 of my new book, Who's the Employer?
Keep in mind that the longer a "temporary" worker stays with a company, the more likely it is that a court may find the company is the true common law employer. The importance of this issue can transcend the importance of the leased employee issues.
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Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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