Barry B. Bealor and Nancy L. Bealor, et al. - Page 149

                                       - 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 the            





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