The term co-employment describes a legal relationship between two or more employers in which the employers have actual or potential legal rights and duties with the same respect to the same employee or employees.
Employers have many legal obligations to their employees. These include providing wages and workers' compensation coverage, maintaining a safe work environment, safeguarding employees' civil rights and freedom to bargain collectively, etc. Employers also may have obligations to third parties if the employee's work related activity cause harm to others.
The law imposes employer obligations on an entity when it expressly or implicitly undertakes an employer obligation. Whether employer liability is imposed will depend on particular facts and circumstances of the employee/employer relationship.
Customer liability issues generally arise when the customer violates some law, or when the customer deals with a supplier that fails to meets its employer obligations. In one key area; workers' compensation, the customer's co-employer status actually protects the customer from liability.
Dakota Staffing Solutions and its customers usually have enough contacts with the temporary employees assigned that both could be viewed as employers.
Dakota Staffing Solutions pays the employees, pays all the payroll taxes, provides workers' compensation coverage, has the ultimate right to hire and fire, hears and acts upon complaints from its employees about working conditions, etc.
Customers on the other hand, supervise the employees' work, provide the work site and tools and equipment, control working conditions at the work site, and determine the work hours and length of the assignment.
Dakota Staffing Solutions is committed to meeting all its employer obligations relating to its temporary employees, paying wages and providing benefits, withholding and paying applicable payroll taxes, providing unemployment compensation and worker's compensation coverage, etc.
Dakota Staffing Solution does not, however, assume responsibility for the actions of customers which may independently give rise to liability to Dakota staffing Solutions employees or third parties.