August 23, 2019

We have many temporary employees who are payrolled through a staffing firm. They are working for us on a multiyear project. Are we able to control their day-to-day work, discuss goals, performance, etc.? I guess I’m asking, how much control can we have over those types of workers, or should we treat them like ICs?

The only time employers should exert control over the day-to-day work of any worker is if the employer is issuing a W-2 and classifying the worker as an employee. If an employer has a significant number of temporary workers and has not reviewed their classification status with counsel, that course of action is recommended for a thorough review.