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Dr. Willey also explains, id., that in a typical employee
leasing arrangement a subscribing company places its regular
workforce on the leasing firm’s payroll. He adds, significantly:
“The employees have to agree to this too.” Id. In the present
case, the employees did not submit formal employment applications
to the partnerships, nor did they explicitly consent to the
execution of the employee leasing agreements. They were not
consulted or informed about the employee leasing agreements, and
they were for the most part unaware of the existence of their
putative new employers. As indicated by the testimony of Ms.
Wilcox, Machise's workers did not ascribe any significance to the
appearance of the partnerships' names on their pay checks.
Indeed, the fact that the workers were hired by Machise
Interstate Transport (which was often called "MIT") may help
explain why the workers paid little attention to the fact that
their checks were drawn, for example, on an account in the name
of "MIT 86".
Dr. Willey also writes that “The leasing arrangement with
the subscriber begins with the assumption that this will be a
long-term affiliation”. Id. In this case, however, the
assumption was that there would be only short-term 1-year
arrangements with each of the successive partnerships. The
employees would remain with the subscribing company while
changing employers--that is, the partnerships--every year.
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