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The risk of assuming that an individual will not be regarded as an employee is significant. Organizations that misclassify workers can, for example, be required to pay back taxes and also provide workers with retroactive benefits available to regular employees. Both temporary staffing firms and their clients may be considered employers.

The EEOC provides detailed enforcement guidance as a supplement to the agency’s compliance manual. Research these guidelines.

• Assume you are working for a temporary staffing firm, and have been on the job as a temporary worker with Fitness Wheel. You are performing the same duties as the regular workers at Fitness Wheel and have been doing so for a year. Discuss whether you would have any rights to challenge your exclusion from benefits.
• Explain a temporary staffing firm’s process for temporary workers requesting leave under the Family and Medical Leave Act.
• Provide the Fitness Wheel with at least two solutions to prevent tension between their employees and the temporary workers.