Temporay Employees?????

We currently use a staffing company to fill our employment needs however we will hire those individuals who prove to be very good workers and can meet our standards.  My concern is this, when someone applies for a job the employer (if they are large enough) must maintain all of the EEO information but when that person then gets hired by the new employer (e.g. my company) do we now need to maintain EEO information?  We have not directly hired anyone(non-exempt that is) since about 1994 and we have not yet hired any of these temporary workers.  Just curious if we were going to hire them from the temporary agency if we needed to maintain those records?  Thanks


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  • The definition of employee for the EEO-1 Report should answer your question

     "'Employee' means any individual on the payroll of an employer who is an employee
    for purposes of the employers withholding of Social Security taxes except
    insurance sales agents who are considered to be employees for such purposes
    solely because of the provisions of 26 USC 3121 (d) (3) (B) (the Internal
    Revenue Code). Leased employees are included in this definition. Leased Employee
    means a permanent employee provided by an employment agency for a fee to an
    outside company for which the employment agency handles all personnel tasks
    including payroll, staffing, benefit payments and compliance reporting. The
    employment agency shall, therefore, include leased employees in its EEO-1
    report. The term employee SHALL NOT include persons who are hired on a casual
    basis for a specified time, or for the duration of a specified job (for example,
    persons at a construction site whose employment relationship is expected to
    terminate with the end of the employees work at the site); persons temporarily
    employed in any industry other than construction, such as temporary office
    workers, mariners, stevedores, lumber yard workers, etc., who are hired through
    a hiring hall or other referral arrangement, through an employee contractor or
    agent, or by some individual hiring arrangement, or persons
    (EXCEPT leased employees) on the payroll of an employment
    agency who are referred by such agency for work to be performed on the premises
    of another employer under that employers direction and control."

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