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Labor Law Facts & Fiction Part 8 – Who is really your Employer when you work for a Temporary Agency?

Part 8 of a 9-part Series

Who is really your Employer when you work for a Temporary Agency?

Contrary to popular belief is that when YOU WORK for a TEMPORARY STAFFING AGENCY also known as ‘”TEMPS” is that your SOLE EMPLOYER is that TEMPORARY AGENCY.  THIS IS NOT TRUE!  In fact, ANY CLIENT of the TEMPORARY AGENCY you work for also becomes your Employer as well, and with all the responsibilities and liabilities as if that Client was your REGULAR OR PERMANENT EMPLOYER….

And regardless of any forms you may have signed releasing your Temporary Agency from ANY LIABILITY, and regardless of any agreements your Temporary Agency has with any of their Clients which may state that the Temporary Agency accepts ALL RESPONSIBILITY, these forms or agreements are TOTALLY INVALID, and VOID, and WITHOUT MEANING OR CONSEQUENCE, as they MAY NOT OVERRULE or SUPERCEDE Federal or State Labor Laws, which in this case state that both the Temporary Agency and their Client are your Employers.

To better understand this concept, here are some of the Definitions of “Employer” under the Fair Labor Standards Act (FLSA):

1.  THE BROAD DEFINITIONS OF EMPLOYER AND EMPLOYEE RELATIONSHIPS UNDER THE FLSA CONTEMPLATES THE POSSIBILITY OF SEVERAL SIMULTANEOUS EMPLOYERS, ANY ONE OF WHICH MAY BE LIABLE AS AN EMPLOYER.

2.  EMPLOYER INCLUDES ANY PERSON ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF THE EMPLOYER AND EMPLOYEE AND WHO MAY HAVE MORE THAN ONE EMPLOYER.                

3.  IT MAKES NO DIFFERENCE WHETHER AN EMPLOYER IS CORPORATION OR NATURAL PERSON.

4.  THE STATUTORY DEFINITION OF EMPLOYER CAN ENCOMPASS TWO (2) OR MORE INDIVIDUALS WITH RESPECT TO THE SAME EMPLOYEE.

5.  DEFINITION OF EMPLOYER IS BROAD ENOUGH TO PERMIT COMPLAINANT/EMPLOYEE TO NAME ANOTHER EMPLOYEE RATHER THAN EMPLOYER AS DEFENDANT, WHERE DEFENDANT/EMPLOYEE HAS SUPERVISORY AUTHORITY OVER COMPLAINANT AND WAS RESPONSIBLE IN WHOLE OR IN PART FOR ALLEGED VIOLATION.

REMEMBER!  YOUR TEMPORARY AGENCY AND ANY CLIENT THEY SEND YOU TO WORK FOR ARE BOTH YOUR EMPLOYERS AND BOTH ARE LIABLE FOR ANY INJURIES THEY MAY CAUSE YOU, INCLUDING BUT NOT LIMITED TO:  AGE, SEX, RACE OR NATIONAL ORIGIN DISCRIMINATION, SEXUAL HARASSMENT, WORKMAN’S COMPENSATION INJURIES AND CLAIMS, BACK WAGES, OVERTIME COMPENSATION AND RETALIATION.

SO NEXT TIME YOU’RE WORKING FOR A CLIENT OF YOUR TEMPORARY AGENCY AND OF THE CLIENT’S PERMANENT EMPLOYEES “DEROGATORILY” SAYS TO YOU….”YOUR JUST A TEMP”….  YOU MAY WANT TO INFORM THAT PERSON THAT YOU ARE JUST AS MUCH AN EMPLOYEE AS THEY ARE WHEN YOU ARE WORKING THERE PURSUANT TO THE FAIR LABOR STANDARDS ACT, AND TO STOP TREATING YOU LIKE A “SECOND CLASS CITIZEN” OR YOU’LL FILE A COMPLAINT AGAINST THEM WITH THE HUMAN RESOURCES MANAGER, OWNER OR PRESIDENT OF THE COMPANY AND THEN GIVE THEM A COPY OF THIS STORY.

IF IT’S A SUPERVISOR OR MANAGER WHO YOU FEEL MAY BE VIOLATING THE FLSA OR CIVIL RIGHTS LAWS, YOU MAY WANT TO ADVISE THEM THAT IF THEY DON’T STOP YOU’LL NAME THEM AS  DEFENDANT IN A CIVIL LAW SUIT.

SPECIAL NOTE ABOUT FLORIDA “LABOR POOLS” also known as TEMPORARY STAFFING AGENCIES:

1.  UNDER FLORIDA STATUTE 448.24 NO LABOR POOL SHALL RESTRICT THE RIGHT OF ANY DAY LABORER TO ACCEPT A PERMANENT POSITION WITH A THIRD-PARTY USER TO WHOM THE LABORER IS REFERRED FOR TEMPORARY WORK, OR TO RESTRICT THE RIGHT OF SUCH A THIRD-PARTY USER TO OFFER SUCH EMPLOYMENT TO AN EMPLOYEE OF THE LABOR POOL.

2.  NO FLORIDA “LABOR POOL” SHALL REQUEST OR REQUIRE THAT ANY DAY LABORER SIGN ANY DOCUMENT WAIVING THE PROTECTIONS OF FLORIDA STATUTE 448.24.

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Remember I told you over 5 years ago that they would be trying to shut down sites and YouTube channels that are not promoting the "Official" view. Well it's happening big time. Peoples Channels get no money from YouTube any more and Google is being fishy with their AdSense giving money for some clicks but not others. The time is here, it's not "Obama's Internet Cut Off Switch" it's "Trumps Sell Everyones Internet Dirty Laundry Garage Sale".

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Any support to keep this site would be appreciated. You could set up a monthly subscription for £2 like some people do or you could pay a one off donation as a gift.
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false flag gas attack to get WWIII started in Syria, and Trump away from Putin. Hopefully a few missiles won't mean a WikiLeaks release of that infamous video Trump apparently made in a Russian bedroom with Prostitutes. Also please note that this article was written just an hour after the papers came out, and I always come back and update them.

If you want to read JUST my own articles then use the top menu I have written hundreds of articles for this site and I host numerous amounts of material that has seen me the victim of hacks, DOS plus I have been kicked off multiple hosting companies, free blogging sites, and I have even had threats to cease and desist from the US armed forces. Therefore I have to pay for my own server which is NOT cheap. The more people who read these article on this site the more it costs me so some support would be much appreciated.

I have backups of removed reports shown, then taken down after pressure, that show collusion between nations and the media. I have the full redacted 28/29 pages from the 9.11 commission on the site which seems to have been forgotten about as we help Saudi Arabia bomb Yemeni kids hiding in the rubble with white phosphorus, an illegal weaapon. One that the Israeli's even used when they bombed the UN compound in Gaza during Operation Cast Lead. We complain about Syrian troops (US Controlled ISIS) using chemical weapons to kill "beautiful babies". I suppose all those babies we kill in Iraq, Yemen, Somalia and Syria are just not beautiful enough for Trumps beautiful baby ratio. Plus we kill about 100 times as many as ISIS or the Syrian army have managed by a factor of about 1000 to 1.

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I also have a copy of the the original Liberal Democrats Freedom Bill which was quickly and quietly removed from their site once they enacted and replaced with some watered down rubbish instead once they got into power. No change to police tactics, protesting or our unfair extradition treaty with the USA but we did get a stop to being clamped on private land instead of the mny great ideas in the original.

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