A staffing firm provides landscaping services for clients on an ongoing basis. T

Question

A staffing firm provides landscaping services for clients on an ongoing basis. The staffing firm selects and pays the workers, provides health insurance, and withholds taxes. The firm provides the equipment and supplies necessary to do the work. It also supervises the workers on the clients' premises. Client A reserves the right to direct the staffing firm workers to perform particular tasks at particular times or in a specified manner, although it does not generally exercise that authority. Client A evaluates the quality of the worker's performance and regularly reports its findings to the firm.It can require the firm to remove a worker from the job assignment if it is dissatisfied. Who is the employer of the workers? Why?

Explanation / Answer

The Client is the employer. Although the staffing firm is providing them with a salary and providing them with the tools and equipment which suggest employee classification, the key issue is control. To be an employee, an employer need to exert a substantial amount of control over the employee (some occupations excluded). The Client has the power to fire the employee and to control the manner in which services are provided.

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