need help with co-employment

jbollen

I'm trying to find information (articles, legal documentation, etc.) on co-employment that could serve as justification for why employees of my company should not maintain personal/private information of the employees who work through temporary staffing agencies. Since they are employees of those agencies, and not my company, their private information is not to our's to maintain.

Does anyone have any guidance they could provide? I am looking for something that I could possibly keep on file as a reference to past examples of this situation. Thanks a lot!

MS HR

social security numbers are very sensitive and should be kept only by authorized officials (h.r., for example)and even then only for official purposes. Should one of the temps find out her ss number is not being kept properly, the company and individuals could be facing problems.

Don D

Since this is largely a forum of opinions, I will give you mine. Although your staff may have no legitimate need for the temp's ssn, it is wise for more reasons than one, none illegal or wrong, to keep a 'data sheet' on your temps. I recommend that the temp's supervisor have at a minimum: name, physical address, mailing address, home telephone number, and person to contact in case of emergency. I would never 'make' them fill out a work application, which many companies do, or provide confidential medical or government data (including ssn). In the event your company is one who exposes temps to your job openings, I would also make it optional for them to list: career goals, work experience, education and salary requirements, as well as inviting them to complete a company application for any open position. In this case, you're 'maintaining' what is helpful to THE COMPANY.

Cxjo

very pertinent topic to an issue I have just walked into with my new employer. In the past, the site I am at was maintaining applications, having temps sign off on company policies and in essence, running them through the HR orientation minus the benefits and payroll info. I am changing some of that as we speak (we use quite a few temps -- have about 25 on site right now).

We do have them attend 1 1/2 days of safety orientation/training at the start (manufacturing), and I will be providing them with some of our related company policies (harassment, behavior and work rules, attendance). However, I now indicate to them that #1. remember you are a XXXX agency employee #2. we have work standards that you are expected to abide by while on assignment here and thus, here are the policies (which the temp agencies also have on hand and share with them when they assign them here) -- I just don't have them sign them cuz it has language such as "as an employee...." #3. and work issues or performance issues will be discussed with your employer, XXXX agency.

the records we maintain are name, phone numbers, ss # (only I have that and payroll dept since we run them through our clock system to match up with our invoices and to turn their hours into the agencies) emergency contact info, and the results of the required physical etc that our safety department needs to keep

I am still debating

Don D

This is a great reminder that we need to be vigilant to not portray them in any way as 'employees'. Temps all over the country have taken employer's to court claiming to be employees in every sense of the word. It's my understanding that some of them have gotten benefits and status as a result. Thanks for that reminder.