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Outpatient Surgery E-Weekly

Contact Congress Over Drug Shortage Issues

A Kentucky congressman is urging surgical facilities to contact their members of Congress and request that they sign his letter demanding changes to...

N.J. Posts ASC Inspection Reports Online

State and federal inspection reports of New Jersey's ASCs are now available online, giving patients an opportunity to make more informed choices abo...

Are Opioids Necessary?

While it's not always practical, or even possible, to eliminate opioids from your post-op pain management regiment, reducing their use in favor of n...

Archive > November, 2009 Vol. X, No. 11

Legal Update

Take Caution With Leased Employees

Betty Graumlich, JD; and Lorin Patterson, Esq.

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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