Employer checklist for temps on premises

      Current/in effect certificate of insurance for worker compensation made out in your company name.

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 he is 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.

      Current/in effect certificate of insurance for liability at a minimum of $2mil aggregate.

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.

      Written statement that all temporary workers have had employment eligibility documentation checked and form I-9 is retained and available for review.

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 for that worker. This is totally untrue. Having undocumented workers on your premises is illegal, unethical, and a huge liability.

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

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

      Written statement that all temporary workers are paid within the guidelines of State and Federal laws, and all workers are paid at, or above, current minimum wages.

      Written statement that no temporary workers are paid as independent contractors and all Federal and State taxes are   withheld and paid on their behalf.

Independent Contractor Status is reserved for people who are in business for themselves. They are not employees and thus must carry their own workers compensation policy and liability insurance. If a staffing firm claims it’s workers as “independent contractors” they are not withholding taxes and are not covering them for insurance.