Calvin Associates, Inc.

post »It’s Not Just the DOL That Thinks You May Have More Employees 7-29-15

August 06 2015, 8:23 pm

Bruce’s Summary: South Carolina decided a case recently on who had responsibility when a temporary employee complained of sexual remarks from an employer where her staffing agency placed her – was the staffing agency or the employer responsible? Utilizing the “Hybrid Test” (nine factors reviewed in the article) the court determined that even though the employee was officially employed by the staffing agency – the employer where the agency staffed her also had to consider her claims. Three factors were most important in this decision: 1.) Who had the ability to hire and fire, 2). Who had supervisory responsibility and 3.) Where and how the work took place. Time to review temporary hiring policies and communicate them to those responsible for hiring temporaries.  “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”