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Temps and contract workers covered under FMLA and FLSA

Posted on February 17th, 2011 Read time: 1 minutes

A growing number of companies are hiring temporary and contract workers from staffing agencies in order to supplement their staffs.

Under the Family and Medical Leave Act and the Fair Labor Standards Act, a host company has some responsibilities to their contract workers, even though the staffing agency is a temporary worker's employer for tax and payrolling purposes.

The FMLA considers temps to be joint employees, meaning their host employers must count temps when determining FLA coverage. This can be a great asset to a company. Human Resources Executive magazine provides an example of an organization that has 45 employees and 15 temps who will be able to be covered by the FMLA because the company meets the 50 or more employee requirement thanks to the temporary worker count.

All businesses are required to ensure there is no discrimination or harassment in the workplace for all members of the staff, ranging from full-time employees to contractors and temps. If a situation occurs where a temp is harassed, the host employer must act quickly and effectively because the company can face liability for the actions of its employees, the source notes.

It is also very important to respect temp workers and include them in business-related meetings.
 

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