Leased Employees

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    Temporary employees give you flexibility in meeting your staffing needs, but recent years have brought new legal pitfalls for the unwary HR professional. Correctly Classify Temporary Workers Incorrectly classifying employees as temporary workers can be a costly mistake. If a court decides they're really regular employees, you'll have to give...

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    The Wage and Hour Division (WHD) of the U.S. Department of Labor is increasingly aiming its enforcement efforts at particular industries in certain geographic areas. A review of the agency's recent press releases reveals that it is enjoying significant successes with its targeted approach. Here are some recent examples....
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    Here's a look at some interesting workers' compensation cases that were recently reviewed by Florida's appellate courts. Fraud by any other name? When Leopoldo Hernandez applied for work with Robert Hershberger, he presented what appeared to be a legitimate social security card. A copy of his card was sent to...
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    The statutes underlying federal antidiscrimination laws often use precise terms, such as Title VII of the Civil Rights Act of 1964's definition of "employer," which includes the following language: "[A] person engaged in industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more...
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    In recent issues, we've highlighted how important it is not to employ illegal aliens. That issue has many different levels, including a very seedy and dark component involving human exploitation, as the following case illustrates. Steering clear of underground criminal activity is one reason it's vital to ensure you're complying...
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    When multiple companies are operating at the same job site, tricky questions are presented about who is the employer of particular workers, and answers differ depending on what law is involved. For workers' compensation purposes, the New Mexico Court of Appeals recently analyzed for the first time the immunity from suit of a...
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    A recent case decided by the Alaska Supreme Court is yet another reminder of the pitfalls facing companies that work in multiemployer workplaces. In the case, a company was found liable under a theory of interference with contract when one of its supervisors asked its contractor to "effect a change" with regard to one of the...
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    In a recent case from California's Third Appellate District, a construction company leased one of its longtime employees to another construction firm. While operating heavy equipment at that company's work site, the employee was fatally injured when he was thrown from his machine because it lacked an operable seat belt....
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    Sometimes it seems as if you're facing an endless saga of personnel headaches and an ever-present threat of legal liability. In response to those difficulties, some of you have begun using contingent workers to fill roles once occupied by regular full-time employees. The most common types of contingent workers include independent...
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    "Question Corner" is a regular monthly feature of New Mexico Employment Law Letter. Submit any questions you want the editors to address to rtinnin@tinninlawfirm.com. Q: I'm the manager of a small electronics as- sembly plant. We have a lot of turnover among our employees. Many of the as- semblers we hire are gone within...
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