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Legal Risks When Using Temporary Staffing Agencies: Joint Employment, Worker Classification, Taxes, Benefits

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 27, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will guide employers and their counsel on the legal risks of using contingent or leased employees to fill temporary staffing needs. The program will specifically discuss the pros and cons of using contingent workers or professional employer organizations (PEO) and best practices for contracting such services to minimize potential liability.


A business's legal obligation to its workers under federal and state employment and labor laws takes on added complexity when the company uses contingent labor such as temporary staffing agencies.

As employers await a ruling from the NLRB regarding joint employment, it is critical that employers and their counsel understand what may trigger an employment relationship for the business when using temporary workers. Regardless of whether a classification is challenged, the potential liabilities for misclassified contingent workers continue, including possible traps concerning workers' compensation, taxes and employee benefits.

Complicating these issues further is the introduction of the gig economy into temporary staffing with app-based companies such as Wonolo, that will match willing workers to temporary employers.

Listen as our distinguished panel guides employers and their counsel on how to utilize third-party staffing agencies and PEOs without creating unwanted or unintended liabilities. The panel will discuss recent case law and best practices for contracting with third-party staffing agencies.



  1. Overview of contingent labor and its benefits
  2. Legal risks of using contingent labor
  3. Temporary staffing companies in the gig economy
  4. Recent court cases
  5. Best practices for drafting contracts for the use of temporary workers


The panel will review these and other relevant topics:

  • What is contingent labor and how does it benefit employers?
  • What are the legal risks associated with using contingent labor?
  • How are the courts handling joint employment issues?
  • What are the best practices for employers in contracting with third-party staffing agencies or PEOs?
  • How to address joint employment concerns internationally


Blank, Ira
Ira L. Blank

The Enterprise Law Group

In over 30 years, Mr. Blank has served as labor and employment law counsel/litigation counsel to businesses and has...  |  Read More

Boling, Andrew
Andrew (Andy) Boling

Baker & McKenzie

Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented...  |  Read More

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