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Leased or Temporary Workers

Companies (“employers”) also may be liable to temporary workers who are employed through third parties (such as personnel agencies). Case law holds that the personnel agency is generally deemed to be a nominal employer and the end-user company is the true employer. In the alternative, some jurisdictions have found that both are joint employers of the worker.

However, where an agency is merely leasing back employees to the company and has no meaningful contact with them, only the end-user will be found to be the employer.

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