ABR Blog

In the wake of historic employment litigation (e.g., Vizcaino v. Microsoft), some companies have adopted policies limiting assignment length for on-time (temporary) and contract employees from staffing firms.  Why?  These employers view assignment limits as a way to protect themselves from the kind of “retro-benefits” claims Microsoft faced back in the 1990s.

Unfortunately, these assignment limit policies have downsides.  They can cause economic harm to on-time (temporary) or contract employees whose assignments are terminated prematurely, and they can disrupt your company’s business operations.  To better protect your organization, you should closely examine its staffing policies to ensure that such limits are truly necessary – and not based on misinformation.

If you have questions about co-employment law, as it relates to assignment limits and associated benefits, here is a great resource with the answers you need.  The American Staffing Association’s Staffing Smarts Intelligence Report:  Assignment Limits and Concerns About Benefits Liability, by Edward A. Lenz, Esq., General Counsel, reviews the basic principles of law that apply to employee benefits plans, and then describes steps employers can take to avoid retro-benefits exposure:

Create a plan that expressly excludes staffing firm employees. The report suggests template language (that your legal counsel should review)  you can use for the purpose of excluding staffing firm employees from participation in your Erisa plan.

Use employee waivers. In addition to amending benefits plans, you may be able to achieve additional protection through agreements in which the staffing firm’s employees expressly waive their right to the company’s benefits.

Allow the staffing firm to handle employment related functions for on-time (temporary) and contract staff, such as:  recruiting, screening, determining wages, hiring, firing, assigning, resolving disputes, disciplining, etc.

Keep the lines between direct staff and contingent staff clear. The report includes several other steps (such as channeling social invitations through the staffing firm) you can take to avoid blurring the distinction between your core staff and on-time (temporary) employees.

Make Co-Employment Work with ABR Employment Services. Read our tips for successful co-employment, or contact ABR Employment with your staffing questions.  Our goal is to help you use staffing to achieve more.

In December, I wrote a post about improving your staffing results by strengthening your provider relationship in 2011.  Now that the New Year is upon us, here are a few additional ways to “take it to the next level”:

Set clear expectations.

Establish mutually agreed-upon guidelines for interacting with your supplier.  If you haven’t already, create processes for placing orders, conducting quality control checks, measuring results, and keeping in touch.  Setting these expectations up-front can prevent communication breakdown and ensure expedient service.

Provide feedback.

Once you’ve set expectations, it’s important to maintain an ongoing dialogue with your staffing service.  Keep them abreast of changes in your company.  Give your staffing rep useful, honest feedback on his company’s service and the performance of employees placed – unless he’s aware of a concern or problem you’re experiencing, your rep can’t do anything about it.  So make sure you regularly discuss what you can do, together, to improve quality of service and placements.

Take advantage of all your staffing provider can do for you.

Good relationships have fringe benefits.  Many staffing services offer valuable “extras,” at little or no cost, which could be beneficial to you, such as:

• computer software training for applicants
• detailed reports on your staffing usage
• applicant drug screening
• productivity analysis of your work processes
• assistance in developing position descriptions
• customized orientation and training for on-time (temporary) workers and new hires
• paycheck drop-off for on-time (temporary) workers

Ask your staffing rep what value-added services his company offers.  Then take advantage of the ones that make sense for your company.

ABR Employment Services is committed to developing long-term, mutually beneficial relationships with client companies.  We want to help you save time and money, while making it easier for you to find the qualified people you need.  Contact us today to take your staffing relationship to the next level – we’ll show you how better staffing can make your company even more successful.

2010 is drawing to a close.  Time to take stock of your company, evaluate your business relationships and plan for the year ahead. 

So how would you describe your current relationship with your staffing service?

1. Playing the field – you’re still shopping around for “The One” – that perfect staffing service.
2. Getting to know you – you hire the occasional on-time (temporary) employee, but don’t know too much about your current supplier.
3. Going steady – you regularly use staffing and have a preferred supplier.

No matter what phase you are in, these tips will help you take your staffing relationship “to the next level” by working more effectively together.  And if you have a fear of commitment, consider this:  a more successful relationship with your staffing supplier means better results for your company.  Here are some ways to achieve them:

Plan ahead.

It’s never too soon to discuss an anticipated need with your staffing service.  By giving your provider adequate lead-time, you optimize your chances of finding an ideal candidate for the assignment – especially if the position is difficult to fill.

Be thorough when ordering.

A well-placed order will yield a better quality fill.  So before you pick up the phone, consider the following criteria:

1. Type of need – if the position is on-time (temporary) or direct (permanent).
2. Quantity – how many individuals you require.
3. Job description – define and prioritize specifics for each position about required skills and experience, job responsibilities, expectations, and performance goals and standards.
4. Personality traits – the types of behavioral traits that will best fit your corporate culture.

Get to know one another better.

1. Learn more about your staffing provider’s full range of capabilities.  Beyond merely filling orders, your provider can: show you ways to save money; increase your flexibility; and provide valuable employment-related expertise.  Request a facilities tour or capabilities demonstration to learn all your staffing provider can do for you.
2. Help them get to know you better.  Invite your staffing representative in to tour your location, meet your employees, and see first-hand how your organization operates.

Achieve Better Staffing Results in 2011

ABR Employment Services would like to learn more about your company’s goals and needs for the upcoming year.  We’d also welcome the opportunity to show you what we can do for your organization.  To schedule a tour or capabilities demonstration, contact us today.

Temporary employees can be a great asset to your organization.  They can help you meet critical deadlines, fill-in for unplanned absences and free your core staff to focus on their most important tasks.

But if your company uses large numbers of temporary employees, it’s easy for your direct staff to fall into an “Us vs. Them” mentality.  And although treating temporary workers as an entirely separate workforce may seem innocuous, the practice can have unintended consequences for your direct employees – and your company as a whole. 

For example, research from the University of Arizona has found that direct employees (particularly at lower levels) are less satisfied with co-workers and bosses when working with a higher proportion of temporary employees.  Why?  The responsibility of training and socializing temporary workers on company-specific processes is often assigned to direct employees.  As a result, having more temporaries can complicate full-time workers’ jobs.

Here are a few suggestions for improving the working relationship between temporary and direct employees to achieve even better staffing results:

• Make temporary employees feel included.  While temporaries are, in fact, a separate part of your workforce (and must be treated differently because of co-employment laws), you and your staff can still make them feel welcome in your organization.  By encouraging social interaction (e.g., formal or informal introductions) among all workers, you can foster social ties that are essential to a cohesive workforce.
• Educate your direct staff.  Take the time to clearly explain the role and value of temporary workers.  The better your direct employees understand the benefits temporary employees provide, the more likely they’ll be to work productively with them.
• Take advantage of training.  If you use large numbers of temporaries, many staffing services will develop customized orientation and training programs for specific positions.  This shifts the time-consuming burden of getting new temporary employees up-to-speed off your direct employees’ shoulders.
• Consider strategic staffing options.  If your direct staff is burdened with the administration, training and management of temporary employees, consider implementing a strategic staffing option.  From primary partner staffing to VOP to planned staffing services, these solutions can optimize the relationship between your direct and temporary employees - saving you time and money while improving worker performance.

Bottom line, there are a number of steps you can take to keep relations between temporary and direct employees positive.  And the more positive their working relationship, the better your results will be.  Contact ABR Employment Services today to learn more about our strategic staffing solutions for Wisconsin employers.

Temporary employees can do so much for your business.  They can help you:

• meet critical deadlines;
• lower employment expense and risk;
• and free your staff to focus on core competencies, to name just a few.

But while using staffing services is clearly a smart business strategy, the ways you use them can be an equally important consideration.  Here are a few best practices to help you get the highest return from your contingent staff, while minimizing co-employment concerns.

1. Set clear performance expectations.  Determine what you want temporary employees to accomplish and provide those requirements to the staffing firm.  Document tasks to be performed, required skills, and expected standards of performance.
2. Benchmark your staff.  Ask your staffing provider to test one or two of your staff members using their skills assessment software.  This will help you determine which tests your temporaries should take, as well as minimum acceptable scores.
3. Do not tolerate poor performance.  Track each temporary employee’s job performance.  If any of them fail to meet your standards, ask the staffing firm to replace the employee(s) immediately.
4. Prepare your staff.  Foster a  positive work environment by clearly explaining where and why you are using temporary employees.  Open communication will encourage cooperation and keep your staff from viewing contingent workers as a threat to their own job security.
5. Provide a job site orientation.  Provide a facilities and resources tour for new temporaries.  Be sure to introduce them to co-workers and onsite supervisors who can answer questions and provide direction.
6. Do not train contingent workers.  If training is required, ask your staffing vendor to handle the training.  You want the employer of record to be responsible for training of its employees.
7. Do not negotiate the pay rate of your temporary workers.  While it’s fine to negotiate bill rates, all discussions regarding pay, benefits, and raises should be between the staffing service and its employees.
8. Do not coach a temporary on job performance.  Provide all feedback to the staffing firm’s service coordinator and request that they, in turn, coach the employee.
9. Train your service coordinator.  Bring the service representative on-site to inspect your work environment and develop a thorough description of job duties and performance expectations.
10. Do not terminate a temporary employee directly or discuss future job opportunities.  All changes in job status should only be discussed with the staffing firm.  You may refer temporary employees to publicly available job openings.

Achieve More With Staffing

ABR Employment Services wants you to achieve even better results with staffing.  Contact us today to learn more about how our services can help you save time, money, and headaches.