- 97 - Willey’s introduction, id. at 2, to his book explains the operation of conventional employee leasing arrangements: In employee leasing arrangements, two legally separate employers share some, or all, of the employer responsibilities with the same employees. Leased- employees are employed by the leasing employer, which pays their wages and benefits, but whose employees also report for work at the utilizing business. There their work activities are directed by the utilizing employer. These workers do the work of the business of the leasing employer and the business of the utilizing employer. The employer responsibilities may be allocated between the employers, by mutual agreement. * * * As Dr. Willey explains, the employer responsibilities may be allocated between the employers, by mutual agreement. Here, however, notwithstanding the written employee leasing agreements, none of the responsibilities changed. There is no indication that, as provided in the agreements, Machise provided the partnerships with estimates of the number of employees or contractors it would need to carry on its business. Nor is there any indication that the partnerships undertook in any substantive way to provide Machise with the employees, independent contractors, equipment, or antecedent biographical information called for in the agreement. We have seen no instance in which the partnerships undertook to "control and direct the performance of the services of the individuals", despite the explicit reservation of the right to do so contained in each of the agreements. Nor have we seen any attempt by the partnerships either to "instruct each individual as to his work hours and thePage: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
Last modified: May 25, 2011