Employee leasing is an arrangement between a business and a staffing firm, who supplies workers on a project-specific or temporary basis. These employees work for the client business, but the leasing agency pays their salaries and handles all of the HR administration associated with their employment.
Examples of work provided by Employee Leasing Companies are Payroll Services, Insurance, Tax Services, and various Personnel Services.
California law has stipulated the requirements for classifying an employee as a temporary agency employee. These requirements include the right of the agency to assign and reassign a worker, but the workers have the right to refuse an assignment and remain on the agency's hiring list.
Drawbacks of employee leasing Less control: One of the greatest risks of employee leasing is that you're delegating an important part of your business to an outside company that doesn't know your business as well as you do. You lose control of your processes, systems and benefits.
While leased employees are legally employed by a PEO, they work under the day-to-day management and supervision of the leasing business — much like any other employee. This generally gives the leasing business control over how they spend their time, which tools they use to perform their work, their deadlines, and more.
The definition and the status of a temporary or leased employee can be described simply as employees who do not have the status of common law employees, which are employees who have access to all of the benefits and job security that an employer may provide.
A PEO, or professional employer organization, has a different relationship with client companies. Instead of being a firm that leases employees to their clients, a PEO becomes an employer of record for the client's employees. This is known as a co-employment agreement.
Leased employees are considered to be employees of the recipient organization for purposes of the requirements set forth in section 414(n)(3)(A) and (B), even though they are common law employees of the leasing organization, unless (i) they are covered by a safe harbor plan of the leasing organization, and (ii) leased ...