Staffing Industry Economic Analysis:
The ASA annual economic analysis, which provides an overview of the size, scope, and dynamics of the staffing industry, is intended as a general reference for staffing firms, staffing clients, industry analysts, journalists, and policy makers.
Go to: http://www.americanstaffing.net/statistics/economic.cfm

ASA Staffing Index
The ASA Staffing Index estimates weekly changes in the number of people employed in temporary and contract work. ASA developed the index to provide a current measure of staffing industry employment trends.
The index helps answer the question, "How's business?" It allows staffing companies to evaluate their performance against a national metric on both a weekly and long-term basis.
The ASA Staffing Index also serves as a valuable resource for economists, journalists, analysts, researchers, and policy makers who are interested in current trends in staffing employment. Participants account for more than one-third of industry sales offices.
Two numbers are reported weekly. The first is the weekly percentage change in staffing employment. The second is the index itself, which shows staffing employment trends over time. Both numbers are normally posted on the ASA Web site on Tuesday mornings.
Go to: http://www.americanstaffing.net/statistics/staffing_index.cfm

Fact Sheets
The following are reference documents created by ASA to provide current information about the U.S. staffing industry.

• Staffing Facts (PDF 402 KB)
• Staffing FAQs (PDF 406 KB)
• State Staffing Facts: Staffing Employment Statistics
• America's Staffing Companies Match Millions of People to Millions of Jobs Every Day (PDF 51 KB)
• Staffing Employee Turnover and Tenure in 2009 (PDF 55 KB)
• Temporary and Contract Employees Work in All Occupations (PDF 78 KB)
• U.S. Businesses Turn to Staffing Firms to Fill Work Force Gaps, Augment Their Own Staff, and Find New Employees (PDF 97 KB)

This material is not intended, and should not be relied on, as legal advice.

Co-Employment
Is Your Work Site Safe?
OSHA Record-Keeping
Temporary or Part-Time Employee?
Staffing Employees and the Family and Medical Leave Act
Who Handles Work Eligibility Status?
Joint Responsibility for ADA Compliance
Joint Liability Under the National Labor Relations Act
Excluding Staffing Firm Employees from Benefits Liability

Co-Employment
Co-employment is a commercial relationship between two or more businesses, such as a staffing firm and its client, in which each has actual or potential legal rights and obligations as an employer with respect to the same employee or group of employees.
Clients are generally co-employers of temporary or contract employees because they direct the day-to-day activities of the employees and determine how long they work. However, each case must be examined on its particular facts to determine whether an employment relationship exists.

Is Your Work Site Safe?
Staffing firm clients have primary responsibility for maintaining safe worksites, while staffing firms have a responsibility to take reasonable steps to determine the conditions at the worksite, provide generic safety information, and advise temporary and contract employees how to obtain more specific information regarding protection from hazards at the client site.

OSHA Record-Keeping
As a general rule, it is the utilizing employer (the client) that must keep and maintain injury and illness records required by the Occupational Safety and Health Administration.

Temporary or Part-Time Employee?
There are two key differences between temporary and part-time employees: part-time employees generally work less than a full-time workweek (i.e., less than whatever number of hours in a week the employer considers to be full-time), and also work a regularly established schedule. Eight out of 10 staffing employees work full time, about the same as the rest of the work force.

Staffing Employees and the Family and Medical Leave Act
Under the Family and Medical Leave Act, if a staffing firm client is still using the services of the staffing firm to fill the same or equivalent position of a staffing employee who previously was assigned to the client when that employee returns from FMLA leave, the staffing firm must reinstate the employee immediately, even if this means removing another employee from the job. Moreover, the client generally must accept the returning employee.
If the staffing employee is eventually hired by the staffing client, the employee's time on temporary or contract assignments with the client generally will count toward satisfying the employee's eligibility requirements under FMLA (i.e., the 1,250-hours-worked and 12-months-of-service tests).

Who Handles Work Eligibility Status?
Staffing firms are required to verify their temporary or contract employees' work eligibility. Clients are under no obligation to verify work eligibility status of temporary or contract employees provided by staffing firms.