Our Employee?

System

I remember reading an article last year but can't find it. It was in reference to hiring employees temporarily forever. I believe it said that when we have a temporary employee who works exclusively for us, after 6 months it's our employee. He or she would be entitled to all benefits and other conditions of employment as with all other permanent employees. What do ye wiser-then-me forumites say? Sometimes we hire seasonal workers who work from March to November. Is there an exclusion for seasonal workers?

I already went to D.O.L. and couldn't find it.

Thanx in advance!!!

"Sam"

ray a

I couldn't find any definition of how long an ee can remain a temp. But, if they work at least 1000 hours in a pension plan year, they are covered under ERISA and eligible for any specified benefits. Also, the NLRB has determined temps have the right to join the union.

JM in ATL

s moll -

The article was in HR Magazine. If you have a SHRM membership you can research their past issues.

I remember reading it too, but I don't remember which month it was. I'll see what I can find, I never throw away an issue.

JM

System

Sam, I don't think it's cut and dried like a 6-month limit. I'm no benefits expert, but I've seen two main issues:

1. Are they employees? Or are they independent contractors, or work for a temp agency, etc.? Basically, if you treat 'em like ees, then they are ees, but they're not automatically eligible for benefits.

2. Are they eligible for benefits under your plan? It all depends on the wording of your plan documents.

Here's an article that might help, and you don't have to go to another website to read it x:D
[url]http://www.hrhero.com/hl/070904-tip-temps.shtml[/url]

James Sokolowski
HRhero.com

TN HR

It gets fairly more complex than simply length/hours of employment. The best information available on this stems from the Microsoft co-employment case where they had so-called "perma-temps" who are now "perma-retired" and "perma-wealthy". Google "microsoft co-employment" and you'll get plenty of info including links to case-law, opinions, etc.

The most effective way to avoid co-employment or dual-employment is to clearly delineate between your regular employees and contingency workers. Maintain separate schedules, do not include in company events, have agency personnel handle discipline, utilize separate timekeeping systems, avoid statements like "temp-to-hire" or "temp-to-perm" etc, etc, etc.

The above comments are, of course, very general. As I said, it gets tricky, particularly when you have contingency workers on long assignments or projects.

Gene

System

Thanks to all of you for your expertise. I do appreciate it. We're a local government and not covered under ERISA or NLRB; however, many other issues come into the picture - unemployment, just one of them. Yes, they are included in other employee events, have the same hours, and clock in the same way. We do not go through a temp agency or a contractor. Their six-month date would be December 3rd, when normally they would be let go for the season. We've decided to let them go after Christmas.

Thank you again!!