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Just because you outsource your staffing through contracts with employment agencies doesn't mean that you've also outsourced your liability with regards to these leased employees. Under the joint employer theory of liability, even though the employment agency pays wages, withholds taxes and provides benefits, a surgical facility that exerts certain types of control over an employee (for example, supervision, discipline and evaluations) could be involved in claims related to disability, discrimination, harassment, workplace safety, wages and hours, employee benefits, employment taxes, labor relations, family and medical leave and immigration.
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