Legal Question in Employment Law in California
i work for a manufacturing co and we use staffing agencies. Can we be liable if the staffing agency doesn't pay their employees in a timely manner? If so How can we cover ourselves assuring these employees are getting paid correctly? What are we allowed to ask for from the agency as proof of payment?
2 Answers from Attorneys
If the workers are employees of the staffing agency, you have no liability for the wages. So you are not entitled to proof of payment. However, there is nothing prohibiting you from casually making sure the workers are timely paid by asking them.
You can be sued as a co-employer and may have to defend to prove that the agency is the sole employer. You need to have a solid contract with the agency you hire to make sure you are protected if they don't pay the workers, etc. Employment law attorneys draft these kinds of contracts. Kristine Karila, Employment Law Attorney