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 As an employer, here a few important things to consider and remember

 

Insurance

All legally run staffing firms are required to carry insurances. Certificates of insurance, with to your companies name on it should be issued to your firm each year assuring a current policy is in place,

 

Workers Compensation

The Commonwealth of Massachusetts requires all workers in the state regardless of their residency or the staffing firms location to be covered by compensation insurance. Before any worker enters your building make sure they are covered by a workers compensation policy. This policy must not only name the agency as covered but must have your companies industrial code listed in their master policy. Many staffing companies intentionally misclassify workers to lower their premiums. This puts your firm at risk. If the staffing firms insurance carrier refuses a claim the worker can rightfully and legally bring civil charges against you.

 

Liability

Temporary workers should be fully covered to protect your company against theft, breakage of equipment, driving of vehicles, violent behavior, and sexual harassment to at least the amount of damage your firm could suffer.

 

Immigration

All workers in the United States of America must have proper documentation allowing them employment regardless of who the actual employer is. Many companies believe that because a worker is a contract worker they are exempt from liability of that worker. This is totally untrue. Having undocumented workers on you premises is illegal, unethical, and a huge liability.

 

in summary, it's ...

 

Illegal  

U.S. CODE Title 8 >  Chapter 12 > Subchapter ll > Part vlll > #1324

Employment includes any service or labor performed for any type of remuneration within the United States. Day laborers ,contracted workers ,and/or other casual workers engaged in any compensated activity are employees for purposes of immigration law.

Conspiracy to commit the crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment.

 

Unethical

In the wake of 9/11  the issues of illegal aliens in the U.S.A. is all to real to us all. Employing undocumented workers as defined by immigrating law promotes terrorism, inflation, unemployment, and crime.

 

A Liability

Undocumented workers are illegal, thus they are not covered by a workers compensation policy or a liability policy. If an undocumented worker is hurt on your premises they can sue you (and they will). If they cause harm to someone on your premises your company will assume the liability. If they break something, steal something, cause damage in any way you have no coverage regardless of the staffing firms insurance. Undocumented workers are illegal thus are not covered for anything accept civil charges they can bring against your company.

  •     All employees in the US are required to furnish work authorization documents.

  •     Federal form I-9 must be filled out and retained by an employer for all employees.

  •     Authorized non-us citizens must have an alien registration number. This number can be checked and should be

        furnished to you from a staffing firm on request.

  •     Many companies now require all temporaries to furnish their I-9 information prior to entrance to premises.

 

Footnote:

Case – a West Bridgewater firm was investigated and found to have a warehouse with undocumented workers in it. The company claimed the workers were “day laborers” furnished from a staffing firm.  The immigration authorities using immigration law ;

Employment includes any service or labor performed for any type of remuneration within the United States. Day laborers or other casual workers engaged in any compensated activity are employees for purposes of immigration law

The authorities cited the company,  fined them $2,000 per worker , and closed the warehouse for 3 days. Community reaction was poor.

 

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