Temporary Work Assignment

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Getting these types of agreements or contracts in writing, makes it clear who is responsible to act as the “employer of record”.Unfortunately this settlement catapulted the issue of assignment length into a confusing period for companies who were large users of temporary employees.Based on a limited understanding of the MS settlement, many of these employers created internal policies that limited the length of time an employee could be a “temp” believing that by doing so they were minimizing their exposure to “re-classification” issues.And our temporary employees are still asking how long their employer can keep them in a temporary role without breaking the law.Some believe that had MS properly obtained all their temporary workers at the time of the lawsuit thru a third party employer, instead of hiring workers directly as 1099’s, it is possible that some of the mis-classification claims could have been avoided.In reality, once the original agreement re: “length of assignment” has been satisfied, an employer can still offer an employee the opportunity to extend their assignment and the employee can then decide if they want to accept the employer’s offer.The law plays no role in those decisions for either party, although a company’s internal policies might.It is the University's intent to provide family-friendly policies and practices aimed at supporting employees to balance work and family life.Deans, directors, department heads, and other supervisors shall make every reasonable effort to accommodate the needs of employees, to the greatest possible extent, and in a manner consistent with the effective and efficient operation of the University.We are yet to see if MS can effectively enforce this policy without exception as we know first hand the negative impact of losing a valued worker – even if the are not an employee hired directly.While higher wage temporary or contract workers often prefer “longer term project based assignments”, many lower wage temporary workers consider themselves negatively impacted when asked to remain as temporary employees for long periods without being converted to a regular hire.


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