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Co-employment

Risk Defined
Understanding Responsibilities

What is Co-employment

“Situation in which two legally distinct employers have employer-employee relationship with the same person.”

Risk and Responsibility

Co-Employment Best Practices

The below distinctions have been determined as best practice in the defense of co-employment cases. Consumers of contingent labor have risks in many current behaviors as it relates to contractor pay and performance discussion(s) with individual contractors.

ContingentCrew’s Responsibilities

  • Pays the employee
  • Pays and withholds payroll taxes
  • Provides worker’s compensation
  • Provides benefits
  • Ensures civil right compliance
  • Has the right to hire and fire
  • Hears and acts on complaints from the employee about working conditions

ContingentCrew Firewall:

Managing Compliance

The Client
Responsibilities

  • Supervises and directs day-to-day work
  • Controls working conditions at work site
  • Ensures a safe and non-discriminating work site
  • Access for disabilities
  • Determine the length of the assignment

Case Law (Vizcaino v. Microsoft) :  In 1993 long term Microsoft  independent contractors argued that they were “common law” employees of Microsoft, because there was no discernable difference in how they were managed or worked and were entitled to the same benefits of a Microsoft FTE.  Microsoft paid $93m to settle the case.  The industry impact was substantial, and large enterprises implemented programs to change their behavior in how they managed contingent labor.  New cases continue today.

www.dgslaw.com/news-events/employment-law-update-for-2020

How do our Clients respond ?

Midsized Manufacturing company

VP of I/T

With the way these guys perform to our needs, our internal teams have gained back significant man-hours to focus on the company needs.

Fortune 100 company

SVP of Procurement

We no longer have to deal with dozens of suppliers. We use ContingentCrew along with a few highly specialized providers to fill all our staffing needs.

Large Distributing Company

Warehouse Shift Manager

Crew is more than a staffing company. They have proprietary tools to track and report time, that have simplified the entire process.

Large Grocery Company

Sr. Manager of Accounting

We get communications from them at all hours of the day, night, weekday or weekend about filling our needs. It’s like they don’t sleep.

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