Today's post is shared from http://www.mercurynews.com Who's your boss? For an increasing number of American workers, it's a hard question to answer. To cut costs and avoid liability, more companies are hiring workers on a temporary or contract basis. More than 17 million people, 12 percent of the U.S. workforce, are now employed as temps, contract or freelance workers. If you're a temp, which company is responsible for your pay, your schedule — and your right to a safe workplace? The agency that hired you, or the company that hired the agency? The right answer, according to a group of temporary workers at a recycling plant in Milpitas, is both. They get paid by one company — Leadpoint Business Services — but work under the direction of a different one — Browning Ferris Industries (BFI), which operates the facility. When temps at Milpitas filed a union organizing petition last year, they asked the National Labor Relations Board to recognize both Leadpoint and BFI as joint employers. Seeking representation by the Teamsters, the workers argued that since two companies share control over the work environment, both should come to the bargaining table. The regional office of the NLRB disagreed, finding Leadpoint alone was the employer. The temporary workers have appealed. My organization — the National Council for Occupational Safety and Health — recently joined an amicus brief in support of their claim that both companies are joint... |
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Showing posts with label Company. Show all posts
Showing posts with label Company. Show all posts
Sunday, July 20, 2014
Employment Status An Issue: Who's their real boss
Friday, November 15, 2013
Bill aims to protect workers wrongly labeled as independent contractors
The hunt for cheap labor has led to a rash of payroll fraud by companies scraping for any advantage in a sputtering economy, lawmakers say.
As a result, they say, American taxpayers are cheated out of millions, workers are underpaid and the injured are denied workers compensation. Lawmakers on Capitol Hill introduced legislation Tuesday, in conjunction with a Senate hearing, in an effort to curtail what they say has become a widespread practice that hurts not only workers but also law-abiding companies that can’t compete with the bad actors. The issue is common in fields such as those for janitors, homecare workers and cable installers. But it’s especially prevalent in the construction industry, where a company can save as much as 30 percent of its costs by wrongfully reporting its workers as independent contractors instead of employees. The practice is known as misclassification. In the most basic terms, if the employer is directing the worker, including setting his or her schedule, telling the worker what to do, when to do it and how to do it, the worker should be listed as an employee, according to federal rules. By listing workers as independent contractors, companies can avoid paying insurance, taxes and overtime. It also shields companies from responsibilities of having to protect those working for them. Matt Anderson of Ira Township, Mich., needs only to look at his left hand to see the potential... |
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