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| 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 |
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| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but weak, needs something else to pull it together *** Lawyer level, the employee will have to reread to follow **** Puts you to sleep, dry boring little help to every day needs ***** Time to go to college, only way to read and understand ************************************************* |
| "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 |
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| * Street Corner, 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 |
| TEMPING FOR A PAY-CHECK |
| Origin of the Term & "Contingent Work" The term "contingent work" was first coined by Audrey Freedman in 1985 to describe a management technique of employing workers only when there was an immediate and direct demand for their services. The term was soon applied to any work arrangement that differed from the norm of a full time wage and salary job, including part-time work, temporary agency employment, employee leasing, self-employment, contracting out, employment in the business services sector, and home-based work. The broad use of the term created confusion among researchers, policymakers and the public as to what circumstances and qualities made a worker "contingent". UntitledDocument |
| Your Legal Obligation to Temporary Agency Workers When you use temporary workers hired and paid by a staffing agency, you need to know if you are considered to be their actual employer for legal purposes. Depending upon the arrangement, your organization may be held responsible for employment discrimination, the same if worker were on your payroll. PersonnelPolicyService |
| Contingent Workers Get EEOC Enforcement Guidance The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on the application of the Americans with Disabilities Act (ADA) to contingent workers. According to EEOC Chairman Ida Castro, the additional guidance is needed because "given the growing reliance of the disabled community on contingent work arrangements, the Commission believes appropriate guidance will increase access for people with disabilities to employment opportunities in all sectors of the workforce." In addition, she said, "because staffing firms often serve as the first step for individuals with disabilities to enter the workforce, a greater understanding of their responsibilities under the ADA will help to promote compliance". |
| Employer Alert! Negotiating the Hidden Hazards of Employing the Contingent Workforce Introduction: In recent years employers have substantially increased utilization of independent contractors and temporary (or "temps" ) and leased workers. In 1985, temporary agencies supplied approximately 500,000 workers to American companies. By 1995, the number of temporary workers had increased to two million. A survey of American businesses determined that the "number of companies whose workforces consist of at least 10 percent contingent workers grew from 12 percent in 1990 to 21 percent in 1995 and is expected to reach 35 percent by the turn of the century". Ninety percent of American businesses have at one time or another used contingent workers. EarlyNeutralEvaluation |
| Part-time Pitfalls By Phillip M. Perry Motivating full-time employees is hard enough, but part-time and seasonal workers pose a special challenge. How do you light fires under people who are often saddled with low-level work, blocked from clinging the corporate ladder and treated like "outsiders" by the full-time staff? GCSAA-GCM |
| Temporary Agencies Provide Low Wages By Nani Acasio & Pat Clifford Many of the homeless are working, but are stuck in temporary jobs which fail to get them out of shelters. These were the findings of a survey then in a Cincinnati homeless shelter. Thirty homeless people who worked for temporary labor pools were interviewed in an attempt to find out how homeless people are treated by these agencies. While some had adequate experiences, many expressed problems. "Overworked, Underpaid" was the general consensus of those interviewed. Minute Men, Inc. in Cincinnati had employed 25 of the 30 people interviewed -- the vast majority. They also revived the majority of the complaints including: long delays in being sent to a job (if sent at all) as well as "deducts" taken from their checks. One very common complaint expressed was the rude and belittling treatment given to the temporary workers. Temporary Agencies |
| Workers in Contingent Jobs Are Fighting Back From South Carolina to Seattle, workers in contingent jobs are beginning to stir -- and to create a stir. Whether they are day laborers, part-timers, temps, contract employees, or freelancers, people in nonstandard jobs are beginning to challenge the conditions they face and to win a broad community of allies for their struggles. Their campaigns have made local headlines but are only now beginning to be perceived as part of a national movement. FairJobs.org |
| Independent Contractors/Temporary Workers Who is An Employee? By Steven Hymowitz & Lawrence J. Sorohan II In a 1996 survey, the international Society of Certified Employee Benefit Specialists found that 72% of its members were using contingent workers, with 60% of these companies using more contingent workers now than they did five years ago. IndCont-00 |
| NLRB Says Contingent Workers Can Be In User Employer's Bargaining Unit Flip-flopping once again, the National Labor Relations Board (Foard) has reversed its precedent and decided that jointly employed contingent employees, supplied by one employer ("supplier employer") to another employer ("user employer" ), may be included in a single unit for collective bargaining with the user employer's regular employees, without the consent of either the supplier or user employer. NLRB |
| * *** The Disposable Workforce: A worker's Perspective In the United States, President Herbert Hoover's promise of a "chicken in every pot" 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.) |
| * 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. NationalEmploymentLawProject |
| When Good Jobs Go Bad Young Adults and Temporary Work in the New Economy Young adults today are entering a job market that is very different form the job market their parents joined when they were young. One of the most widespread changes -- also a significant force behind the decline of young workers' economic circumstances over the paste generation -- has been the spread of temporary or "nonstandard" work arrangements. More and more young adults work for one company and are employed by another, such as a staffing agency; or not employed by the company they work for at all, but are rather classified as independent contractors. 2030Center |
| What's Wrong With Temp Work? A report on the temp industry in Massachusetts by the Campaign on contingent Work This report was prepared by the Campaign on Contingent Work, a network of activists and organizations including unions, community groups and advocacy organizations. The report uses data from government, industry, and academia to profile problems associated with the unregulated growth of the temporary help industry in Massachusetts. Fairjobs.org |
| 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 |