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Joint and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Law Issues

  • Tuesday, June 5, 2018 / 1:00 PM 2:15 PM

Employers’ perceptions about their legal responsibilities for certain workers is not always reality, particularly in the context of the oft changing interpretations of what constitutes an employer-employee relationship.  An employer may classify workers as temporary workers or independent contractors, but that does not mean the Dept. of Labor agrees.  At the tail end of the Obama Administration, the DOL issued guidance that it believed a majority of workers should be treated as employees, insinuating that, in most cases, employers will be accountable for the obligations of an employer-employee relationship.  However, the Trump Administration appears to be shifting gears.  That very guidance was withdrawn by new Sec. of Labor Alex Acosta.  Moreover, Congress has been making efforts to undercut the very broad joint-employer standard established by the NLRB in Browning-Ferris, through a change to the language of applicable laws.  As a result, it is essential for employers to carefully evaluate the employment relationship and their own functions in the multi-employer context. 

​Even if there is not a legal employer-employee relationship, companies may have certain safety and health obligations and potential liabilities depending on their role at multi-employer worksites or pursuant to the use of temporary workers. Protection of temporary workers was a priority of OSHA in the prior Administration, and the guidance developed in that context remains the current standard in determining the obligations of host employers and staffing agencies.  OSHA has also stood by its multi-employer policy, though the policy, at least as it pertains to controlling employers, is currently being challenged in federal court.

Participants in this webinar will learn about:

  • The current Joint Employer standard and efforts to alter that standard

  • Criteria used to evaluate the employer-employee relationship

  • Guidance on how to clearly establish an independent contractor relationship

  • How to lawfully and effectively manage temporary workers at your workplace

  • How OSHA applies its multi-employer worksite enforcement policy

 

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