Contingent Workforce

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Employment/Labor (U.S.) group

Welcome to the U.S. Employment & Labor community group.  This group addresses all GRC issues that arise for companies that must address employment and labor requirements and risks in the United States. In addition, there are several community groups that address specific aspects of employment as they arise both in the U.S. and globally.

This group addresses compliance and risk issues related to all aspects of U. S. employment and labor law.
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U.S. Employment/Labor: Contingent Workforce Domain Supplement resource Standards and Guidelines OCEG Reviewed

This Supplement addresses the risks and compliance issues that arise when employing a contingent workforce.

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EEOC, Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms resource Agency Guidances Member contributionOCEG Reviewed
This Guidance addresses the application of the federal employment discrimination statutes to individuals placed in job assignments by temporary employment agencies, contract firms, and other firms that hire workers and place them in job assignments with the firms' clients. The term "staffing firm" is used in this document to refer to these types of firms.
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IRS, Publication 15-A (1/2010), Employer's Supplemental Tax Guide resource Agency Guidances OCEG Reviewed

Pub 15a gives detailed information on how the IRS classifies workers, with helpful hypothetical examples.

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How to Manage Independent Contractors (2008) resource Articles OCEG Reviewed
The legal difference between a contractor and an employee can be tough to determine, and getting it right has just become more important: The IRS will up its vigilance on the issue for the 2007 tax year.  BNET, March 2008
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DOL Form 7000-52, MSHA, Contractor Identification (ID) Request resource Forms Member contributionOCEG Reviewed
All independent contractors are required to apply for an MSHA contractor identification number. An MSHA ID is required for each contractor operating a mine site and must be issued before they begin specific activities.
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DOL, DBRA Standard Form (SF) 308 - Request For Wage Determination and Response to Request resource Forms Member contributionOCEG Reviewed

As required by the Davis-Bacon Act, this form is used by a Federal agency to obtain an applicable wage determination for a construction project not covered by a published wage determination. Posted by the Department of Labor, Wage and Hour Division (WHD.)

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DOL, Field Operations Handbook, Chapter 10 - FLSA Coverage - Employment Relationship, Statutory Exclusions, Geographical Limits resource Agency Guidances Member contributionOCEG Reviewed
An operations manual that provides Wage and Hour Division (WHD) investigators and staff with interpretations of statutory provisions, procedures for conducting investigations, and general administrative guidance. This chapter defines the employment relationship and the scope of the term "employee" under the FLSA.
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GAO Report, Improved Outreach Could Help Ensure Proper Worker Classification (July 2006) resource Research / Studies Member contributionOCEG Reviewed
Millions of U.S. workers participate in “contingent” employment, such as temporary or part-time work, and not in permanent or full-time jobs. The Department of Labor (DOL) enforces several labor laws to protect these and other workers, including the Fair Labor Standards Act (FLSA), which provides minimum wage, overtime pay, and child labor protections.
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