Insight from Laura Friedel, a partner in the firm’s Labor & Employment Group, on potential EEOC risk for companies that use staffing firms was included in the January issue of InsideCounsel. Each month, the magazine compiles and publishes opinions and thoughts of those practicing in the labor and employment field for a fuller view of the landscape.
Laura advises, “Beware: Using a staffing firm doesn’t shield your company from employment-related claims by employees placed with you. In September , the N.D.N.Y. found that GE was a ‘joint employer’ with its staffing company, refusing to dismiss a terminated temporary employee’s claims. 2013 also saw a flurry of suits by the EEOC against ‘borrowing employers.’ Protect your company by fostering strong relationships with staffing companies and ensuring contracts require legal compliance and cooperation and assign liability appropriately.”