Can they be Your Employees if they’re not on Your Payroll?

Instructor: Janette Levey Frisch
Product ID: 703701
  • Duration: 90 Min

recorded version

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This course will help attendees identify and understand their responsibilities as co-employers or joint employers. It will elaborate co-employment liabilities of an employer and discuss case studies of recent legal disputes and settlement.

Course "Can they be Your Employees if they’re not on Your Payroll?" has been pre-approved by HRCI as eligible for 1.50 credits towards a participant's recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

Why Should You Attend:

If you ever augment your workforce by contracting with third party that supplies you workers, you probably have obligations toward those workers as an employer - even if they are not on your payroll, and even if the other company performs many administrative functions, such as screening, hiring, paying, recordkeeping, etc. Courts, legislatures and other federal and state government agencies are increasingly likely to find businesses using workers contracted through third parties liable for violations of wage payment, discrimination, harassment, worker safety, benefits and a myriad other federal and state employment laws that they never imagined applied to them, because they assumed these workers were not their employees.

This webinar will help you determine if you are a joint employer, and if so, how to minimize your liability.

17 years after Vizcaino v. Microsoft (i.e. the Microsoft case), businesses using contracted workers—and even the companies that supply them — still show a fundamental lack of understanding as to how and when they could each be held liable as an employer of such workers. These employees are often referred to as common law employees of the client company, whereas the supplying company may be seen as the primary employer, or the employer of record. In all likelihood, the client company and the supplying company are co-employers of these supplied workers and will each bear employer responsibilities.

This webinar untangles the co-employment web to help you understand:

  • Whether and when you are a co-employer
  • The nature and extent of your responsibilities as a co-employer
  • How you can minimize your liability as a co-employer

Areas Covered in the Webinar:

  • Who is a Co-Employer? What is Co-Employment Liability?
  • Impact of Co-Employment
  • Co-Employment and Title VII of the Civil Rights Act of 1964
  • Co-Employment and Wage and Hour Issues
  • Co-Employment and Pre-Employment Screening Issues
  • Co-Employment and the ADA and ADAAA
  • Co-Employment and Workers’ Comp
  • Co-Employment and Worker’s Safety Issues
  • Co-Employment and Immigration Issues
  • Some Case Law
  • NLRB and Joint Employment (Franchisor Toward Franchisee’s Employees)
  • Recent Settlement Involving Wal-Mart Employees
  • Newly Enacted Law in California Regarding Joint Employment

Who Will Benefit:

  • Staffing industry professionals
  • HR practitioners and managers in any company that uses 3rd party contractors to augment their labor pool
  • In-house counsel
  • Employment, business and contract attorneys
  • Anyone working for or with professional employer organizations

Instructor Profile:

Janette Levey Frisch is an attorney with over 20 years’ of legal experience. Ms. Frisch, owner of The Emplawyerologist Firm, is on a mission: to help employers stay in compliance and out of court. Her extensive areas of expertise include federal and state anti-discrimination laws, FMLA, ADA, wage and hour issues, I-9’s, criminal background checks, employment agreements, terminations, and a myriad other challenges impacting employers today. Ms. Frisch worked as in-house counsel in the temporary staffing industry for almost nine years prior to starting her own practice.

Topic Background:

If you are a business owner, CEO, senior manager or any type of manager, chances are you interface with people who provide services for you on your premises but are not on your payroll. They’re not your employees, are they? If they’re not your employees, you have no employer responsibility toward them, do you? The reality is you might be a co or joint employer. If so, then it is even more important than ever for you to be aware of, and compliant with the different federal and state employment laws that protect all your workers. Companies such as Wal-Mart, Amazon, and many others, large and small, have found themselves in court answering claims of workers they never dreamed were their employees—and they are paying the price. You do not have to pay that price though. You can learn from their mistakes. You can learn what to do and what not to do through this webinar.

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