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

Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW21C0330

  • 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

Overview of the webinar

If you are a business owner, CEO, senior manager, or any type of manager, chances are that 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.

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 settlements.

Who should attend?

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

Why should you attend?

If you ever augment your workforce by contracting with a 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

Faculty - Ms.Janette Levey Frisch

Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.
Janette and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.
Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette also serves as a Task Force Member of the Workplace Violence Prevention Institute, a multi-disciplinary organization dedicated to providing cutting edge resources to employers serious about taking a holistic, proactive approach to preventing and minimizing workplace violence.

Credits

ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1.5] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

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