Insurance Requirements Related to Temporary Workers

Insurance is not generally provided to temporary workers without certain factors in place. Because of this, any laws requiring a company to ensure insurance policies are available to employees that only work part-time or as temporary for the holiday seasons may be hard pressed into these types of coverage.

The few hours each week that someone works as temporary are typically not enough to qualify for the workplace policies. However, if there is a temp agency that the individual is assigned the job through, the company may be able to protect itself by these insurance protections without increasing costs for the business.

One of the primary issues with employees receiving any type of benefits at work is the classification of the individual. This means that the person must either be an employee or a contractor. If he or she is an independent contractor, all his or her benefits fall on his or her shoulders to supply. This also means that he or she does not work for any other company in usual circumstances. If the individual is an employee, this could mean that the business must supply certain benefits based on the state laws in place. However, specific requirements often must be met before the worker is given the opportunity to have insurance, paid time off and similar compensation.

Temporary Employee Classification

If an employee has been incorrectly classified, he or she may then cause problems for the agency or the company depending on how he or she was hired. If the individual is a standard employee and part of the business and a court has become involved, this means that the usual benefits must be provided to these individuals no matter how many hours they work during the week. If a court has been used to dictate to the company what classification the worker is, the organization may have no choice in the matter. However, if the manager or owner has correctly determined the classification of the laborer, then a judge is not necessary to assist in these matters. If the individual is a standard employee, he or she may be provided health and life insurance, benefits for retirement and even stock options if they are available. However, if the person is not considered an employee or may be classified as an independent contractor, no additional benefits are necessary.

Temporary Employee Employment Laws

There are different employment laws based on the state where the individual works. This may change how they are offered benefits such as through a staffing agency or the company they are contracted for work. The Civil Rights Act and the Americans with Disabilities Act both are utilized in ensuring employees are not discriminated for protected statuses. This translates to the company providing accommodations if the staffing agency is not able to or does not give them to the individual. This could extend to standard benefits packages depending on any additional state laws in place. This generally also includes workers’ compensation packages.

Staffing Agencies

When a staffing agency is involved in the employment of a temporary worker, there are certain stipulations in place such as where insurance comes from, workers’ compensation packages and other benefits that should or must be provided. If any of these are not given to the employee by the staffing company, the business that employs them is required to do so by many state laws. If for any reason some benefit has been overlooked, or workers’ compensation is not given to the individual, he or she may sue the company if injured while on the job. The workers’ compensation package policies are protection to the employees as much as the business from liability in these instances.

Temporary Workers Explained and the Lawyer

There are certain differences from a part-time employee and a temporary worker. Many working part-time automatically qualify for all benefits through the company after so many hours or other stipulations have been satisfied. Temporary workers may only be hired on for seasonal work or special occasions such as holidays. If the employee is a contractor or hired through a staffing agency, it is possible most of the responsibility in providing any benefits to these persons is removed from the business and transferred to the workers or the agency employing them.

It is important to become fully aware of what state laws explain and how they detail what is needed in the local area for temporary employees. Classification is also vital to prevent violations to laws and certain regulations. This means that a lawyer is necessary to protect the company and ensure the right insurance and other benefits are provided to workers when the law states.