Both Staffing Agency, Temporary Employer Have a Duty to FLSA

It can be confusing to figure out the different aspects of working for a temp or staffing agency in Houston, especially if you have never done it before. The only clear piece of information you might have is that you will most likely be at the job for a limited amount of time.

Typically the temporary employee is paid by the staffing agency and not his or her new employer, so that the new employer does not have to add the temp to payroll.

So if the new employer is not directly paying you for your work, then who is responsible for making sure that you are treated fairly under the Fair Labor Standards Act?

Under the FLSA, nonexempt workers are entitled to overtime wages at one and a half times their normal hourly wage for any hours over 40 worked in one week. Workers are entitled to a federal minimum wage, currently at $7.25, and also the right to be paid in certain jobs for the time it takes traveling from job site to job site.

While all of this may seem clear-cut on paper, if the FLSA is not being followed, and as a temp you are missing out on money that could be going into your paycheck, it is the staffing agency that you should address.

That is not to say that the contracted, temporary employer is off the hook, however. They have a secondary duty to comply with the FLSA, and can be held responsible in some instances if a case is filed against them.

Typically staffing agencies will put in writing that they are not a joint employer with whatever company they are sending temporary employees to, so there is no confusion or risk that the employee may be misclassified under the FLSA or treated unfairly. Some staffing agencies also require proof from the company that they are FLSA-compliant to avoid the problems altogether.

While it is always your employer’s job to make sure that he or she is complying with the FLSA, regardless of you being a temporary or permanent worker, it is still a good idea to know your rights and exercise them. Protecting your rights under the FLSA is not only protecting your paycheck, but also protecting yourself and your family in the long run.

For more help on how to protect yourself, call the lawyers at Kennedy Hodges, LLP, who provide you with a free copy of their book, The Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim. Call 888.449.2068 or fill out our online form today.