How does joint employment work?
Migrant and seasonal agricultural workers' rights are protected by a Department of Labor act specific to the industry, the MSPA. Accurate classification of these laborers is necessary for determining their payroll. They can be traditional employees, independent contractors or joint employees.
A joint employee is one who has more than one employer at a given time, according to the DOL. However, they still qualify as official 'employees' under the MSPA, so businesses are required to follow specific guidelines:
- Create a written agreement of the terms and conditions of employment.
- Maintain compliance with this agreement.
- Give the workers appropriate pay when it is due, and maintain payroll records.
- Keep each employee's payroll records for three years.
- Display workers' protection information at work sites.
What makes joint employment unusual, however, is that the MSPA does not require "unnecessary duplication of effort" by different businesses. This means that even if only one of the joint companies carries out its responsibilities, that is still legal. However, it is each employer's job to ensure the worker receives all of the MSPA rights due to him or her. According to the DOL, if the protections are not upheld, the joint employers are all liable.
There is no exact system for determined whether a laborer is a joint employee, so companies should consult the DOL if they are unsure.
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