| LABOR UNDER FIRE [email protected] |
 |
 |
| Full-Time, Part-Time, Contingent, Temporary, Labor Day Employment |
| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
| CO-EMPLOYERS ***************************************************************** Labor Under Fire does not what to mislead anyone to believe that all PEO's, Outcourcing, Temporary for Hire Agencies are attempting to deceave the employee. It may or may not be the case, however, profit can and has lead good ideas the wrong way. ************************************************** Co-employer: An act where one employer hires the employee and then rents, leases, lowness or sells the employee's time to another employer to perform a given task and either employer can train, discipline, terminate or offer benefits to the employee. Some times called outsourcing. ************************************************** Also See: Employing Temps / Employer-Employee Relations / Outsourcing / Sweatshops In The News / Temping and The Law / Temping for a Paycheck Weingarten Rights |
 |
| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| * *** The Disposable Workforce: A worker's Perspective In the United States, President Herbert Hoovers promise of a "chicken in every pos" has taken on new meaning over the past several decades as American consumption of poultry has steadily increased. In 1075, per capita consumption of chicken was approximately 40 pounds; by 1996, it was 71.6 pounds and is projected to reach 81 pounds in three years. In 1992, per capita consumption of chicken surpassed that of beef for the first time. In addition to an increasing demand by the American public for white chicken meat, the opening of new international markets within the past decade has further increased the boom in poultry production. The two largest importers of US broilers include Russia, where consumers prefer dark meat and China, where chicken feet have become a delicacy. In sum, poultry processing, although a relatively young industry, has become one of the most profitable industries in the nation. publicjustice.org/ (LUF note: After screen appears click on The Disposable Workforce and the report will come up.) |
| Contingent Workers and Coverage Under the Fair Labor Standards Act September 16, 1999 By Catherine K. Ruskelshaus National Employment Law Project United States industries and business owners are fashioning newer and more complex business arrangements in order to compete in the global economy, where increased movement of capital and labor across borders brings new pressure on U.S. businesses to survive at any cost. Tactics such as subcontracting, out-sourcing, using temporary and other staffing firms, and other forms of reconfiguring their workforce have allowed some firms to enjoy short-term competitive advantages. Examples abound. The recent strike by the United Parcel Service (UPS) workers around their treatment as "permanent" temporary employees, the landmark case brought by the misclassified "independent contractor" computer programmers at Microsoft, and the walk-out and strike at Bell Atlantic and General Motors where the companies out-sourced to non-union subsidiaries and threatened to contract-out the work at the strike-bound parts plants, respectively, are but four high-profile examples. Other examples, while receiving less media attention, are no less compelling in the stories they evoke, and include chicken catchers working for a national chicken processing company on the Eastern shore of Maryland that claims the workers are not its employees home care workers employed by large state and local-funded agencies across the country that fail to pay the workers overtime, and so-called "independent contractor" taxi drivers working for fleet owners in New York City for less than the minimum wage. National Employment Law Project |
| Co-Employment Raises New Legal Risks For Contingent Workforce Management The much-publicized Vizcaino v. Microsoft 9th Circuit Appeals Court case holding Microsoft liable for retroactive benefits to temporary employees reminded businesses across the country that employee misclassification can be a risky practice. Most reports following that case focused on avoiding another 'Microsoft' situation with temps and drafting employee benefit plan and agreements with temporary workers. The fact that the plaintiffs had argued theories of co-employment received precious little attention. Yet this legal doctrine may be a larger threat to business managers as we enter the next millennium. If you haven't encountered it yet, you will when temporary workers identify your company as a "co-employer" or "joint employer" in an employment liability suit against another firm with whom you have a service, vendor or other third party contract Sound ridiculous? Don't be so sure. Co-employers |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
| 'Co-employers' Create Confusion May 11, 2002 By Adam Geller Late one afternoon, after the phones stopped ringing, the owners of Hose & Accessory Sales Inc. called the company's seven workers into the sales office to explain that, soon, they'd all have a new employer. co-employers |
| Employment Relationship Checklists The following checklists are designed to assist organizers and workers when confronted with a minimum wage or overtime violation in a subcontracting or independent contractor employment situation. In these instances it is sometimes unclear who employs the worker, and it is sometimes unclear whether the worker is an employee. National Employment Law Project |
| Benefits of the Temporary Help and Staffing Services Industry The staffing services industry continues to provide both a flexible alternative as a career lifestyle and also a "bridge" to full-time employment. The staffing Services industry benefits both the worker and the business. CollegeRecuriter.com |
| Temps Raise Co-employment Concerns By Terrie L. Weinand An independent contractor has been working for a company on site for three years. The worker is denied a full-time position, them files suit claiming that he has actually always been an employee of the company. What is the issue here? And why are the courts saying that Microsoft might now be liable for millions of dollars in benefits that were previously denied to its "pomatums"? Business Times |
| * Street Cornor, Incorporated By Christopher D. Cook March/April 2002 Providing workers to do the dirtiest, riskiest jobs has become a big business. One corporation has cornered the market and is squeezing millions from its day-labor temps. MotherJones.com |
| Temporary Employment and The Social Contract By Brian K. Stevenson A recent article in Fortune magazine, entitled "The Temp Biz Boom: Why It's Good" opens with this "?realistic" assessment of the much discussed, unprecedented rise in temporary/contract employment (Aleyk. p. 53). After noting that the number of temporary workers has nearly doubled in the past five years (form 1.2 million to more than 2 million), the author remarks, Reactions to this rather stunning piece of information tend to be either dismissive ("but they're not real jobs") or cynical ("the cheaper the labor, the higher the profits"). Commentary on the Temp industry tends to focus on business ethics, not business reality. stthom.edu |
| PEOs and Payrolling: A History of Problems and a Future without Benefits By David West December 2001 Professional Employer Organization (PEO) is another label for the staffing industry firms in the practice of "payrolling." With payrolling, a real employer places regular employees on the "payroll" of a staffing fir, then claims these employees are not eligible for the company's health and retirement benefits because they are claimed to be employees of the staffing firm. Center for a Changing Workforce |
| A Million Hours of "Temporary Work" How the U W Hospitals Mislabel Hundreds of Employees to Avoid Providing Health Insurance By David West December 2002 The growth of contingent work is one of the largest challenges to decent living standards facing Americans today. Nearly one-third of US workers now work in what are labeled a "non-=standard" jobs -- temporary, part-time, contract work and similar categories. While "contingent work" is usually defined as "work that isn't expected to last," it is also used to describe all types of non-standard work. Center for a Changing Workforce |
| Liability to 3rd Parties and Termination As discussed in the previous chapter, the law of agency focuses on the special relationship that exists between a principal and an agent -- how the relationship is formed and the duties the principle and agent assume once the relationship is established. This chapter deals with another important aspect of agency law -- the liability of principals and agents to third parties. Co-employers |
| **** ***** The Role of Temporary Agency Employment in Tight Labor Markets By Susan N. Houseman Arne L Kalleberg George A. Erickcek December 2000 revision January 2003 This paper examines the reasons why employers used and even increased their use of temporary help agencies during the tight labor markets of the 1990's. Based on case study evidence from the hospital and auto supply industries, we evaluate various hypotheses for this phenomenon. Upjohn Institute |
| The Temporary Help And Staffing Firm as A "General Subcontractor" By George Gimps & SUNY-Potsdam What a fabulous trick -- subcontracting without separate facilities or equipment, or separate supervisors -- right in your own home shop. (Do it yourself, practically!) With the temporary help formula, the association of marginal jobs with marginal outside firms became unnecessary. Subcontracting was brought inside the parent company's shop, into the "core" firms and industries, and spread throughout the economy. Co-employers |
| * Temp Work and Unemployment Insurance -- Helping Employees at Temporary Staffing and Employee Leasing Agencies: When may an employee be denied unemployment benefits between jobs? August 2001 What is a temp agency? Temp agencies, sometimes called "employee leasing" or "temporary staffing" agencies, act as labor intermediaries, hiring employees who are then sent out to work for another firm, the "third party employer". A third party employer may send job applicants to a temporary agency, which acts as the employee's "employer, paying wages and taxes while the employee actually works for the third party, often on the company's property. National Employment Law Project |
| Temporary Employment and the Social Contract Temping |
| BEWARE THE LEGAL RISKS OF HIRING TEMPLS: When hiring stalls and stops, it's tempting to hire contingent workers. Workforce |
| Temps raise co-employment concerns: Business Times |
| Who's the boss? 'Co-employer's make it murky: seattletimes.nwsource.com |
| The Contract Employee's HANDBOOK: Helping contract Employees Manatge Their Careers Dungaree Dan Says |
| The Staffing Industry Glossary of Terms: The following glossary of terms suggests a set of "working definitions" for staffing industry professionals and is not meant to provide a complete set of legal or operating definitions. Staffingindustry.com |
|
   |
| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |