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What Are the Different Types of Temporary Employment Laws?

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  • Written By: Misty Amber Brighton
  • Edited By: Shereen Skola
  • Last Modified Date: 03 November 2018
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Temporary employment laws typically cover the classification of these workers to include whether they are actually employees or independent contractors. This area of the law might also cover the types of benefits employees receive and who is responsible for providing them. Like permanent employees, temporary workers are often eligible for unemployment benefits. Statutes vary by location as to the conditions under which these benefits might be paid. Those holding temporary positions are normally protected from discrimination and sexual harassment in the workplace as well.

Many times, workers and employers disagree as to whether certain positions are temporary or permanent. They may also disagree on whether workers are actual employees or independent contractors. For this reason, temporary employment laws strive to define these terms so that employees can better determine what their status is. Some of the factors that may determine whether a worker is a "temp" might include how long the employee has worked for a firm, whether the work is primarily seasonal, and the company's past hiring practices. Determining if he or she is an independent contractor is normally accomplished by assessing the amount of control the firm has over both the employee and the type of work performed.

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Employees who are performing temporary work may receive different benefits than their counterparts who are permanent employees. Temporary employment laws often govern these benefits, specifying when a worker is eligible for them and who might bear their cost. This is often dependent upon whether the individual is classified as an employee or an independent contractor. It may also depend on whether the worker is hired through a temporary employment agency or via the company's human resources department.

When employment opportunities become extremely scarce, temporary workers sometimes apply for unemployment benefits. Not all workers are eligible for payments, and this is largely determined by temporary employment laws. Some factors that may play a part in this decision could include the length of these temporary positions and number of hours worked. Temporary workers who receive multiple assignments through an employment agency are often eligible to receive benefits. This is because they are considered an employee of that agency rather than the companies they are hired to perform work for.

Most employment discrimination laws cover all classes of workers. Even so, there may be unique situations addressed by temporary employment laws. This could include discrimination against workers solely because of their temporary status or sexual harassment by a supervisor whenever an employee is hired through a temporary agency.

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