American Staffing Association

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Every member of your staff who interacts with candidates, employees, and clients should earn the ASA Certified Staffing Professional designation. This professional certification enhances knowledge and competency in federal and state employment laws and ethical practices—and can help protect your firm from costly lawsuits. The course materials include textbooks, federal and state workbooks, practice exams, and an online exam that contains state specific information.

Earn and proudly display the CSP™ designation.
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fied circumstances. For example, if an employee is employed jointly by two employers during a workweek, all of the employee’s work during the week is considered one employment and the employers are responsible for compliance with the wage and hour provisions applicable to the period worked for each employer (see 29 CFR 791.2).

According to the DOL, temporary employees assigned to work for clients are typically employed jointly by the staffing firm and its clients—and clients may be held jointly responsible for overtime obligations. A client will be jointly liable with the temporary staffing firm for the payment of overtime only if the temporary employee worked more than 40 hours in the week for that client. Therefore, both Newbie’s staffing firm and its client could be liable for overtime violations in their capacity as Smart’s joint employers.

Additionally, Newbie may face personal liability under the FLSA. Company owners, officers, and high-level management employees who exercise control over employment terms and conditions can be held liable for overtime violations. As owner of his staffing firm, Newbie could be named in Smart’s lawsuit and successfully sued for back wages and penalties— something he probably never bargained for or considered when he allegedly denied her overtime. n

Stephen C. Dwyer, Esq. is general counsel for the American Staffing Association. Send your feedback on this article to success@ americanstaffing.net. Follow ASA on Twitter @staffingtweets.

This material is not intended, and should not be relied on, as legal advice. ASA members should consult with their own counsel about the legal matters discussed here. This article covers federal law only; state wage and hour laws also apply.