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EEOC PROPOSES NEW DEADLINE FOR EEO-1, COMPONENT 2-PAY DATA

EEOC

When the EEOC’s online reporting portal opened on March 18, it was still unclear whether the new reporting requirements would be included for the 2018 report and if so, when this data would be due.

As a reminder, the new reporting requirements center around submitting information about employee pay data so that trends concerning gender pay inequity can be spotted and addressed. As most employers should be aware, this has become a hot topic in employment law (gender pay equity issues) and many laws are either being proposed or passed to address this concern:  The House recently passed the Paycheck Fairness Act, numerous states have enacted equal pay and salary history laws, and the EEOC has included pay equity as a strategic enforcement priority since 2013.

What the EEOC proposed on April 3rd is that employers have until September 30, 2019, to submit employee pay data as part of their annual 2018 EEO-1 report (otherwise known as Component 2 of the EEO-1 report).  The US District Court still needs to “bless” this with a court order, but it is looking as though the dates that employers should be aware for the 2018 EEO-1 report are as follows:

The deadline for Component 1 of the EEO-1 report remains May 31, 2019.

The proposed deadline for Component 2 of the EEO-1 report is September 30, 2019 (pending court approval).

The guest editor for 4/11/19 blog:  Spognardi Baiocchi LLP, Legal Advisors; www.psb-attorneys.com.

WageWatch offers accurate, up-to-date HR metrics, benefit survey data, market compensation data and salary reports that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. The PeerMark™ Wage Survey is the only Web-based custom survey tool that allows individual survey participants to select their competitive set for comparison purposes.  Our experienced compensation consultants can assist with your organization’s compensation needs.  We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives.   For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

Posted in Regulatory & Legal Updates on April 10th, 2019 · Comments Off on EEOC PROPOSES NEW DEADLINE FOR EEO-1, COMPONENT 2-PAY DATA

ASKING ABOUT SALARY HISTORY COULD SOON BE ILLEGAL

Banned-Sal Hist-B

Employers have asked salary-based questions as one method of gaining an accurate picture of an applicant’s qualifications for a position.  Federal laws do not prohibit requesting the information, however, there is a growing trend for some states or cities and counties to outlaw employers from requesting salary history.  Last February 2018, we published a blog focused on the states that have banned salary-based questions from job applicants; the trend to ban these questions has greatly increased and Congress continues to explore the ban on salary questions.  This post updates action taken over the past year.

With the objective of pushing to fight wage discrimination and the gender pay gap, a bill was recently introduced (February 2019) in Congress that would ban salary questions across ALL states.  The proposed Paycheck Fairness Act would prohibit employers nationwide from asking job applicants about their salary history and require employers to prove that pay disparities between men and women are job-related. The bill forces employers to develop salary offers based on job requirements and market pay levels rather than an applicant’s current salary or salary history, which may be lower than current market rates for some individuals’ skill and experience.  The proposed legislation would strengthen the Equal Pay Act.

The following states and cities or counties have banned salary questions by public and/or private employers:

STATE

CITY  COUNTY EFFECTIVE DATE

DETAILS

California State-Wide JAN 2018 All employers, including state and local government
Connecticut State-Wide JAN 2019 All employers
Delaware State-Wide DEC 2017 All employers, or an employer’s agent
Georgia Atlanta FEB 2019 City agencies
Hawaii State-Wide JAN 2019 All employers, employment agencies
Illinois State-Wide JAN 2019 State Agencies
Chicago APR 2018 City departments
Kentucky Louisville MAY 2018 Louisville/Jefferson County Metro Gov; City Agencies
Louisiana New Orleans JAN 2017 City agencies
Massachusetts State-Wide JUL 2018 All employers, state & municipal employers
Michigan State-Wide JAN 2019 State department & certain autonomous agencies
Missouri Kansas City JUL 2018 City may not ask applicants for pay history until they reach an agreed-upon salary
New Jersey State-Wide FEB 2018 State entities
New York State-Wide JAN 2017 State agencies and departments

New York City OCT 2017 All employers, agencies or employees or agents

Albany County DEC 2017 All employers and employment agencies

Suffolk County JUN 2019 Employers and employment agencies

Westchester County JUL 2018 Employers, labor organizations, employment agencies, or licensing agencies
Oregon State-Wide OCT 2017 All employers
Pennsylvania State-Wide SEP 2018 State agencies

Philadelphia TBD All employers

Pittsburgh JAN 2017 City’s agencies and offices
Puerto Rico Commonwealth MAR 2018 All employers

When an employer ceases to rely on salary history of an applicant, it requires making a clear, market-based case for pay, the challenge falls on the employer.  It will be important to create a salary range for each position and ensure that the variations within those ranges are based on things like merit, education, and experience.  Some companies welcome a strictly market-based approach to making salary offers as it has the ability to foster greater transparency.  Whether or not your jurisdiction is covered by the new laws, the trend is increasing and may soon impact your organization.

WageWatch offers accurate, up-to-date HR metrics, benefit survey data, market compensation data and salary reports that will allow you to stay current with the times.  This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. The PeerMark™ Wage Survey is the only Web-based custom survey tool that allows individual survey participants to select their competitive set for comparison purposes.  Our experienced compensation consultants can assist with your organization’s compensation needs.  We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives.  For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

EMPLOYERS MUST START USING NEW “FEDERAL CONSUMER RIGHTS ACT” NOTICE

Effective September 21, 2018, the Fair Credit Reporting Act (FCRA) requires that employers that use a third-party consumer reporting agency, to conduct background checks on employee applicants, use the updated Summary of Your Rights Under the Fair Credit Reporting Act.  The new Summary of Rights Act was issued on September 12, 2018; employers were given very little time to comply with the act.

The FCRA requires that employers follow certain procedures before obtaining a background check by a third party reporting agency.  The employer must follow certain procedures if it decides not to hire the applicant (or take an adverse action against an employee) based upon a third party background check.  One of the procedures is to provide employees with their “Summary of Consumer Rights” under the FCRA along with the name, address, and phone number of the third-party agency that provided the information.  Failure to provide the correct notification can expose employers to legal risk, including class action litigation.

Employers will have to provide the new “Summary of Consumer Rights” form in any pre-adverse action notification that comes as a result of the background check.  They must also provide this notification before obtaining a background check if the report includes information stemming from personal interviews conducted by a consumer reporting agency.

The new rule requires that employers use the new “Summary of Consumer Rights.” This new model “Summary of Consumer Rights” requires that the rejected applicant be advised of their right to request that the third-party reporting agency provide the rejected applicant with a free “national security freeze.”  This freeze would restrict prospective lenders from obtaining the consumer’s credit report, thereby thwarting identify thieves.  The new model form can be found here.

Change can be challenging and demanding.  At WageWatch our compensation consultants can assist with your organization’s compensation needs and help ensure your wages and salaries are supporting your company’s business strategy and objectives.  In addition to our PeerMark Salary Survey for over 100 local lodging markets in the U.S. and Canada, we offer a National Benchmark Salary Survey. With over 9,000 hotels and 200 casinos in our database, WageWatch’s hotel and gaming salary surveys are the most comprehensive surveys available to Human Resource professionals.  For more information on our services, including consulting, salary surveys, benefit surveys, and custom compensation reports, please call WageWatch at 888-330-9243 or contact us online.

Guest Editor:  Pautsch, Spognardi & Baiocchi Legal Group LLP
www.psb-attorneys.com

DOCKING EXEMPT EMPLOYEE PAY

The application and rules for the federal FLSA salary basis test are often misunderstood and not administered accurately or consistently.

First, let’s understand what the term “salary basis” means.  An exempt employee that regularly receives a predetermined amount of base salary each workweek is paid on a “salary basis”.  This applies to employees who are determined to be exempt under the federal FLSA exemption tests including both the minimum salary test and qualifying under one of the duties tests (i.e., administrative, executive, professional, outside sales, etc.).  The minimum weekly salary that must be paid to ‘exempt’ employees under the federal rules is $455.  Please refer to your federal and state wage and hour for exceptions to the salary requirements.  In 2018 many states increased the minimum wage and, at the same time increased the minimum weekly salary of ‘exempt’ employees.  The salary basis pay requirement for exempt status does not apply to some jobs (for example, doctors, lawyers, and schoolteachers are exempt even if the employees are paid hourly).

Now let’s talk about the Salary Basis Test.  An employee’s ‘exempt’ status can be jeopardized if the salary basis test rules are not followed.  The Salary Basis test provides rules regarding what pay deductions can and cannot be made to exempt employees’ weekly base salary.  Generally, the predetermined weekly salary cannot be reduced because of variations in the quality or quantity of the employee’s work.  Except for a few permissible deductions, an exempt employee must receive the full base salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  This includes any work done remotely such as checking email and voicemail.  An employer cannot make deductions from an employee’s predetermined base salary, because of a business slowdown or lack of available work.

The FLSA salary basis test applies only to reductions in monetary amounts.  Requiring an employee to charge absences from work to leave accruals is not a reduction in “pay,” because the monetary amount of the employee’s paycheck remains the same.

Full Day deductions from pay are permissible when an exempt employee:

  • Is absent from work for one or more full days for personal reasons other than sickness or disability
  • For absences of one or more full days due to sickness or disability, if the deduction is made in accordance with a bona fide sick leave or PTO plan, policy or practice of providing compensation for salary lost due to illness
  • To offset amounts employees receive as jury or witness fees, or for military pay
  • For a partial week worked during the initial or terminal week of employment
  • For weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act,
  • Deductions in pay are also permitted for intermittent FMLA leave when the weekly base salary is reduced to coincide exactly with the reduced workweek
  • When an exempt performs no work for a full workweek.

For the following two permissible deductions, you should have communicated formal policy(s) detailing disciplinary procedures:

  • For penalties imposed in good faith for infractions of safety rules of major significance
  • For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions

It is important that as an employer, you have a clearly communicated policy permitting or prohibiting improper deductions from exempt employees’ base salary including a complaint mechanism and reimbursement to employees when improper deductions are made.  You should also have a clearly communicated policy for your exempt employees stating that under no circumstances should work be performed during unpaid time off.   The exempt status of your employees will be safe as long as you have clearly communicated policies in place, make good faith efforts to comply with the salary basis test and can show that willful violations have not been made.  For full details regarding federal FLSA, visit http://www.wagehour.dol.gov and links to your state labor department can be found at http://www.dol.gov/whd/contacts/state_of.htm.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards.  For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

MINIMUM WAGE UPDATE – JULY 2018

The U.S. Federal minimum wage has not increased since July 2009, as such, many states, cities, or counties have decided to vote into law, their own increase in the minimum wage.  Some states have decided to gradually increase their minimum wage to $15.00/hour over the course of several years.  While the majority of increases occur at the beginning of the year, others wage increases begin mid-year, starting July 1.

An overview of the states, cities, or counties which have minimum wage increases beginning July 1, 2018 include:

  • California – Not statewide; increases in the following cities:
    • Emeryville
    • Los Angeles City
    • Los Angeles County, Unincorporated
    • Malibu
    • Milpitas
    • San Francisco
    • San Leandro
    • Santa Monica
  • Illinois – Not statewide, two local jurisdictions:
    • Chicago
    • Cook County
  • Maryland – Not statewide; one county:
    • Montgomery County
  • Minnesota – Not statewide:
    • City of Minneapolis
  • Oregon – State law change; varies by area: General, Urban, and Nonurban
  • Washington D.C.

For more detailed information click here:  MINIMUM WAGE CHART.  Review the tab for California to review specific city increases.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

NLRB GENERAL COUNSEL ISSUES GUIDANCE ON LEGALITY OF WORK RULES

(Article written by Charles Pautsch, Attorney at Pautsch Spognardi & Baiocchi; the  firm specializes in labor law; Charles is a guest blogger for WageWatch, Inc.)

As was expected, last week General Counsel Peter Robb issued a GC memorandum providing guidance on the legality of work rules in light of the NLRB’s decision in The Boeing Company.  The Boeing decision overturned the Obama labor board’s decision in Lutheran Heritage Village which prohibited facially neutral work rules which “could” be interpreted as interfering with Section 7 rights, as opposed to “would” be interpreted as interfering with Section 7 rights.  This new standard focusses on balancing the legitimate business justifications of the employer with the negative impact on the employee’s exercise of Section 7 rights.

The Boeing standard creates three categories of work rules.  Category 1 includes rules that are generally lawful because they cannot reasonably be interpreted to interfere with Section 7 rights, or because any potential adverse impact is outweighed by legitimate business reasons.  These rules include a) civility rules; b) no-photography/ no-recording rules; c) insubordination/on-the-job conduct rules; d) disruptive behavior rules; e) confidentiality rules regarding company/customer information; f) anti-defamation/misrepresentation rules; g) rules prohibiting the use of company logos/trademarks; h) rules requiring authorization to speak for the company; and i) rules prohibiting disloyalty, nepotism, and conflicts of interest.   Charges alleging that such rules are facially unlawful should be dismissed, absent withdrawal.

Category 2 rules are not clearly lawful or unlawful, and require case-by-case scrutiny.  Legality of the rule will depend on the factual context.  Examples of such rules include broad conflict of interest rules focused on “employer” or “employee” information, and that do  not target fraud or self-enrichment, or customer or proprietary information; rules that prohibit disparagement or criticism of the employer, as opposed to rules requiring civility or prohibiting disparagement of employees; rules regulating use of the employer’s name, as opposed to trademarks; rules prohibiting speaking to third parties or the media, as opposed to speaking on behalf of the employer; rules banning off-duty as opposed to on-duty conduct; and rules prohibiting false or inaccurate statements, as opposed to defamatory statements.  Category 3 rules are generally unlawful.  These rules require confidentiality or prohibit discussion of employee wages, terms, and conditions of employment; prohibiting joining outside or third-party organizations, or prohibit voting on matters related to the employer.

Contact PSB(414-223-5743)  if you have questions about this guidance and how it affects your current work rules, and any revisions you are contemplating in your annual review of your employee handbook; offices in Cave Creek and Phoenix.   

 

Posted in Regulatory & Legal Updates on June 13th, 2018 · Comments Off on NLRB GENERAL COUNSEL ISSUES GUIDANCE ON LEGALITY OF WORK RULES

FAMILY MEDICAL LEAVE ACT (FMLA) AND JOINT EMPLOYMENT

Joint employment exists when an employee is employed by two or more employers who both benefit from the employee’s work and are sufficiently related or associated with each other.  The analysis for determining joint employment under the FMLA is the same as under the FLSA.

Joint employment can exist when employers have the arrangement to share the employee’s services or when one employer acts in the interest of the other in relation to the employee.  Joint employment is based largely on the degree of association between the employers and how the employers may jointly control the employee.

Factors key to determine joint employment include:

  1. Do the employers have any overlapping management or share control over operations?
  2. Is supervisory authority over the employee shared and/or do they share clients or customers?

According to the Department of Labor’s fact sheet, employees who are jointly employed by two employers must be counted by both employers in determining employer coverage and employee eligibility under the FMLA, regardless of whether the employee is maintained on one or both of the employers’ payrolls.

When joint employment is determined, one employer will be deemed primary and one will be secondary.  The employee’s worksite which the employee is assigned and reports to is the primary employer.  However, if the employee has physically worked for at least one year at a facility of a secondary employer, the employee’s worksite is that location.

Under the FMLA, the primary employer is responsible for following and administering the FMLA for the employee including 1) providing required notices, 2) providing FMLA leave, 3) maintaining group health insurance benefits during the leave, 4) restoring the employee to the same job or an equivalent job upon return from leave, and 5) keeping all records required by the FMLA with respect to primary employees.

The secondary employer, whether an FMLA-covered employer or not, is prohibited from interfering with a jointly employed employee’s exercise of or attempt to exercise his or her FMLA rights or from firing or discriminating against an employee for opposing a practice that is unlawful under the FMLA.  The secondary employer is responsible in certain circumstances for restoring the employee to the same or an equivalent job upon return from FMLA leave and they must keep basic payroll and identify employee data.

Change can be challenging and demanding.  At WageWatch our compensation consultants can assist with your organization’s compensation needs and help ensure your wages and salaries are supporting your company’s business strategy and objectives.  In addition to our PeerMark  Salary Survey for over 100 local lodging markets in the U.S. and Canada, we offer a National Benchmark Salary Survey. With over 9,000 hotels and 200 casinos in our database, WageWatch’s hotel and gaming salary surveys are the most comprehensive surveys available to Human Resource professionals. For more information on our services, including consulting, salary surveys, benefit surveys, and custom compensation reports, please call WageWatch at 888-330-9243 or contact us online.

 

INDEPENDENT CONTRACTOR OR EMPLOYEE?

If it walks like a duck and talks like a duck, it’s a duck.  In other words, if you are treating the ‘independent contractor’ like an employee by doing things such as providing work materials and office space, designating working hours, providing training and direction regarding how and when to perform the work, then the ‘independent contractor’ is most likely an employee.  Independent contractor is defined by the Fair Labor Standards Act, IRS regulations, and the decisions of some courts.  Many states also have specific independent contractor regulations.  The IRS and many states have adopted common law principles to define an independent contractor. These rules focus primarily on the level of control an employer has over a service or product. For independent contractors, the company can direct or control only the result of the work done, and not the means and methods in getting to the result.

The rules are not always clear-cut to determine the correct status, but generally characteristics of an Independent Contractor include:

  • The work assignment is temporary and typically for a specific project
  • The work assignment is not an integral part of the business and is not something typically done by employees.

The Independent Contractor will:

  • Supply his or her own equipment, materials and tools
  • Pay for their own expenses
  • Control the hours worked
  • Determine how and when to perform the work
  • Retain a degree of control and independence
  • Operate under a business name and has his/her own employees
  • Advertise his/her business’ services and has more than one client

Some courts and federal agencies use an “economic realities test” which looks at the dependence of the worker on the business.  If a large portion of a worker’s salary is from one specific company, this may qualify the as an employee. Other factors considered are level of skill, integral nature of the work, intent of the parties and payment of social security taxes and benefits.

Misclassification of an individual as an independent contractor may have a number of costly legal consequences such as reimbursement of all wages including overtime, taxes and penalties for federal and state income taxes, social security, Medicare and unemployment, providing employee benefits and workers compensation for any injuries.

There is no set number of factors that makes the worker an employee or an independent contractor.  Also, factors which are relevant in one situation may not be relevant in another.  The best approach is to look at the entire relationship, consider the degree or extent of the right to direct and control the work, and be sure to document all factors used in your determination process.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

HUMAN RESOURCES ROLE IN MERGERS AND ACQUISITIONS

Mergers and acquisitions are extremely challenging and even chaotic events.  Therefore, it is critical that everyone involved has a clear understanding of their role in the process.  Mergers and acquisitions have become the norm in the business world and are often necessary for survival.  Almost every major company in the US today has or will experience a major acquisition.  There is a subtle yet distinct difference between a merger and an acquisition.  A merger is when two separate companies merge into one new entity.  An acquisition is when one company buys the assets of another company.  A merger or acquisition can be desired due to many different strategic reasons including positioning in the market, acquiring another company’s areas of strength or expertise, acquiring capital, diversification and short-term growth.  There are several phases or steps in the acquisition process and human resources will typically be involved in at least 2 to 3 of these phases, including the due diligence and investigation process and the post-merger integration process.

The human resource role in the due diligence and investigation process is to perform a thorough review of all human resource contracts, benefit plans, plan documents, systems, personnel, employment records, all forms of compensation, policies and procedures, especially related to human resource regulations that relate to all human resource disciplines including compensation, benefits, recruiting, employee relations, training and development, and payroll and HRIS.  Human Resources will help to determine the organizational structure and staffing models for the new organization.  Some other important items that fall under the Human Resources umbrella are wage and hour or other compliance claims, employment litigations, collective bargaining agreements, any FMLA, OSHA, Workers Compensation, EEOC and OFCCP compliance issues.

Transition issues need to be discovered and addressed, for example, pay levels between the two organizations may be very different and a cost analysis may be needed to determine the cost of bringing pay levels more in line between the two merging entities.  Other transition issues that often need to be addressed are transitioning pay increase and performance review cycles, differences between benefit levels in health care and retirement plans.  Most items will need to be addressed immediately, and some items can be completed during the first or second year following the merger or acquisition.  For example, if the acquisition occurs in the first quarter and your merit increases are done in January, you may be able to wait until the following January for this transition.  Conversely, it will be highly desirable to transition the acquired entity employees immediately to your health and welfare plans rather than take on the administrative burden and ownership risk of additional plans.

Human Resources is also responsible for layoffs, stay bonuses, culture differences, and synergies and will play a key role in the orientation and welcoming of the new employees.  These are just a few key items on the Human Resources Acquisition Checklist.  And each item has its own list of key points and issues that must be addressed.  While most of the transition work will happen prior to the closing date, the job of transitioning employees into your policies, pay models, practices, procedures, and culture does not end at transition date and typically continues for 2 to 3 years following the transition date and requires continued review at the management level.

Change can be challenging and demanding.  With over 5,000 properties in our lodging compensation database, 150 casinos, and 125 hospitals and clinics, we regularly see properties being acquired, divested, and rebranded. Consolidations are occurring at a rapid pace in the healthcare industry as well with hospitals buying physician groups and primary care practices. There are numerous human resources concerns to address every time a property changes hands. WageWatch consultants can guide you through the process of integrating two or more compensation models, rebalancing grades and ranges, examining internal equities between plan documents, developing a market-based approach to resolving inconsistencies, and helping you along the way with all your transition needs.  For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

JOINT EMPLOYER LIABILITY

The use of sub-contractors, temporary staffing, leased employees and independent contractors can provide employers with quick temporary staffing and reduce benefits and payroll costs. However, the employer client can be considered a joint employer with the leasing or temporary agency when they share certain key employment terms such as the ability to hire, fire, or discipline workers, affect their compensation and benefits, and direct and supervise their performance.  When businesses use a temporary agency, leased, or contract workers, though the employer is the temporary help, leasing, or contracting company, the client business may be regarded as a joint employer under some laws.

The Family and Medical Leave Act have specific language regarding joint employer relationships. While the leasing or temporary help agency is the primary employer, the client company may be required to place the worker in the same or comparable position upon his or her return from FMLA leave.  Additionally, leased and temporary workers will count as employees of the client company for the purposes of determining whether a business is subject to the FMLA regulations.

In the Tax Equity and Fiscal Responsibility Act (TEFRA) of 1982, leased and temporary workers are the client’s employees for the purposes of qualifying retirement plans and certain fringe benefits such as life insurance and cafeteria plans (does not apply to health insurance benefits), if the workers have been engaged with the client company on a full-time basis for a minimum of one year and the client company primarily controls or directs their work.

An employer can face a charge of discrimination under Title VII anti-discrimination legislation brought by an individual who worked for the employer under one of these leasing or sub-contractor relationships.

It has also come into question with the National Labor Relations Board (NLRB) whether leased and temporary workers must be included in collective bargaining agreements that cover the client’s regular employees.

Some states have passed legislation on joint employer liability as it pertains to workers’ compensation regulation.  New York ruled that the client is the common law employer of leased employees and is therefore primarily responsible for providing workers’ compensation benefits. To date, there have been no guidelines for joint employer status under OSHA or other health and safety regulations.

Employers need to be aware of and have guidelines regarding the degree of control they have over these temporary, leased and contract workers. The greater the degree of control, the greater the likelihood that the employer could be determined to be a joint employer.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.