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Temporary employees are a type of leased employee, that work on a temporary basis. Whether you are employed through a temporary agency or an employee leasing firm, it is important to understand how your classification affects your rights, access to resources, and coverage under employment laws.
A leased employee earns either a salary or an hourly wage, depending on their position and the company policy. They are paid through the leasing agency. An independent contractor is usually paid per project/task completed. Leased employees are provided with all of the benefits (retirement plans, medical benefits, etc.)
The West Virginia Equal Pay Act prohibits private and public employers from paying wages to any employee at a rate less than the rate paid to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills.
Employee leasing is an arrangement where an employee leasing company supplies the workers a business needs, often on a short-term basis or for a longer term on a per-project basis. It's sometimes referred to as temporary staffing.
West Virginia is an at-will jurisdiction, which means that either the employer or the employee, absent contractual or statutory (e.g., anti-discrimination, anti-retaliation) provisions, may end the employment relationship without cause and for any or no reason. Cook v. Heck's, Inc., 342 S.E.2d 453, 457 (W. Va.
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.
The professional employer organization and the recipient company officially employ a leased employee, but the professional performs work for only the recipient company. Depending on the state, government agencies may consider the PEO and recipient company to be "co-employers" for the leased employee.