Fill and Sign the Worksheet Contingent Worker Form

Worksheet - Contingent Worker Function NotesCreation of Job Description ________________________________________Advertising for the Worker ________________________________________Worker Selection ________________________________________Worker Testing ________________________________________Reference Checking ________________________________________Licensing Requirements ________________________________________Bonding ________________________________________The Hiring Decision ________________________________________Assignment and Reassignment ________________________________________Instructions ________________________________________Tools and Equipment ________________________________________Wages, Raises & Bonuses ________________________________________Payroll Taxes ________________________________________Overtime Issues ________________________________________Reimbursement for Expenses ________________________________________Sickness/Tardiness/Absenteeism ________________________________________Workers’ Compensation Coverage________________________________________Health Care, Profit & Pension ________________________________________Suggestions Program Involvement ________________________________________Opportunity to Realize Profit or Loss ________________________________________Duration of Obligation ________________________________________ Performance Evaluations ________________________________________Policies & Procedures ________________________________________Investigating Wrongful Conduct ________________________________________Discipline ________________________________________Right to Terminate ________________________________________Worker Ability to Quit ________________________________________Trade Secret/Proprietary Information Protection________________________________________Working Conditions ________________________________________Ability to Join Teams, Events, Etc.________________________________________Identification ________________________________________Training________________________________________Third Party Liability Obligations ________________________________________Indemnity Obligations ________________________________________Management & Personnel Files________________________________________Access to Agency Records ________________________________________Buy Out Provisions ________________________________________Collective Bargaining Issues ________________________________________Loyalty & Commitment Issues ________________________________________Ethics Issues ________________________________________Continuity of the Relationship ________________________________________ Applying Discrimination Laws to Temporary Agency Workers In order to determine when and how the federal discrimination laws may apply to temporary agency workers, you must be able to answer the following questions. 1.Who is the Employer? If the individual is an employee rather than an independent contractor, that is, if the agency and/or the client controls the when, where, and how of the individual’s job performance, the worker may be covered by the discrimination laws. Most workers obtained through a temporary agency are considered to be employees of the agency, and not independent contractors, because normally both the agency and the client exercise control over their work. A temporary agency usually has an employer/employee relationship because, among other things, it does the hiring, finds the job, provides workers’ compensation, pays the worker, and, if necessary, terminates him. 2. Who is liable for discrimination? Both the agency and the client may be liable for discrimination if they qualify as joint employers and each meets the employee size threshold for coverage under the various laws3. What if the client is not the employer? There are times when, even if the client is not the employer, it may be liable under antidiscrimination laws. The reason for this is that the laws “prohibit an employer from interfering with an individual’s employment opportunities with another employer.” The EEOC Guidance uses an example where a staffing agency provides a computer repair technician to a client, and then the client asks for a replacement for discriminatory reasons. The client normally does not qualify as a joint employer of the worker because it has no ongoing relationship with the worker, does not pay the worker and has limited authority over hours, assignments, or other aspects of the means or manner by which the work is achieved. 4. Guidance Illustrates Discriminatory Practices. The EEOC Guidance describes some situations where agencies and clients may be liable: Discrimination in assignment practices. A staffing agency can be liable if it follows a client’s discriminatory assignment request or preference. It can also be liable if it administers a test which is not job-related and which disproportionately excludes members of a protected classDiscrimination at the work site. If a client fails to treat the workers assigned to it in a nondiscriminatory manner, it may be liable. In addition, if the agency knows about the discrimination, it must take whatever means of corrective action is in its control, or it also may be found liable for discrimination. Discrimination in the payment of wages. The Equal Pay Act (EPA) requires that men and women receive equal pay for equal work. Thus, if a temporary worker receives less pay than a temporary worker of the opposite gender who performs the same job, both the agency and the client may be liable under the EPA. Also, both may also be liable under Title VII for wage discrimination. However, if there is a wage difference based on the classification of workers, such as temporary and regular, this disparity generally is not a violation because it is based on a distinction other than sex.5. If your organization uses temporary agency workers, you can help protect yourself against possible discrimination issues by using the following guidelines to monitor your relationship with the agency:Know whether the temporary worker meets the tests to be considered an independent contractor. Assume that you are probably a joint employer if you control the working conditions of the temporary worker, supervise the job, and control the length of the assignment.Determine whether you are covered under the antidiscrimination laws. Be sure that you count all temporary workers with whom you have a legal employer/employee relationship. Be aware that you may not avoid discrimination charges by using temporary agency workers. Therefore, do not ask an agency to provide workers who meet requirements that may be viewed as discriminatory, such as requesting only “young” workers. Both you and the agency, if it complies with your request, can also be liable. Include coverage for temporary workers under the administration of your anti- discrimination policies.