The American Staffing Association has released new guidance aimed at helping staffing agencies and their clients stay informed about the risks of misclassifying workers—and encouraging enforcement action to investigate potentially unlawful practices.
A growing number of app-based online job platforms that place health care workers may be avoiding payroll taxes and other employee-related costs by misclassifying the nurses and nurse aides they place as independent contractors instead of as employees. This practice exposes the caregivers, and the health care facilities to which they are assigned, to significant liability for unpaid taxes and other obligations.
In the paper, ASA outlines recent legal developments regarding misclassification at the state and federal level and discusses the potential liabilities if workers are misclassified as independent contractors. The guidance also includes checklists clients can use to determine whether an online platform provider is properly classifying workers.
“Worker misclassification poses a serious threat to health care facilities and caregivers,” says ASA senior counsel Ed Lenz. “ASA is encouraging all health care staffing agencies to help spotlight this pernicious problem.”
Issue Paper: New ASA Issue Paper Warns of Legal Risks in Misclassifying Health Care Workers
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About the American Staffing Association
The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. ASA and its state affiliates advance the interests of the industry across all sectors through advocacy, research, education, and the promotion of high standards of legal, ethical, and professional practices. For more information about ASA, visit americanstaffing.net.
New Guide Builds Upon 2013 Temporary Worker Initiative The American Staffing Association, in partnership with the National Institute for Occupational Safety and Health (NIOSH) and a coalition of safety organizations, has announced the publication of a new resource document outlining ways host employers can keep temporary workers safe on the job. Entitled Protecting Temporary Workers:… More ›
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New Study Also Found Hourly Personnel Costs for Supplemental Nurses Efficiently Offset Permanent Nurse Overtime Costs The modest use of supplemental (temporary or contract) nurses is a cost-efficient strategy during temporary periods of patient census swings or short-term shortages of permanent nurses at large U.S. medical centers, according to a new study led by researchers… More ›
Alexandria, VA, March 5, 2015—“Overall patient satisfaction with care and evaluations of quality of nurse communications are not affected by the employment of supplemental (temporary or contract) nurses to permanent nurses, according to a new, first-of-its-kind study led by researchers at the University of Pennsylvania School of Nursing.” Satisfaction levels are assessed according to how… More ›
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Staffing firms and employees benefit from fewer workplace hazards and exposures, as well as fewer worker injuries, illnesses, and fatalities. Moreover, worker satisfaction, productivity, collaboration, recruitment, and retention all increase dramatically when employers promote and ensure safe and healthy work environments. The Employee Safety Best Practices and Operating Information documents pertain to: Staffing firms’ general… More ›
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