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Process of Converting Temporary Workers to Employees and Requirements of Sub Contractors

Anonymous - Aug 06, 2021
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I’m looking for some clarification as to what the OFCCP considers a compliant process in hiring contingent workers on to be employees. In the past (and I’m sure that we are not the only ones that have done this), when we have an entry level opening that a contingent worker has been successfully filling, we hire that person. Are we required to externally post this type of role and conduct a search? What are our requirements if we only externally post the role for a few days – are we required to post it to the state job bank as well? Please help us to understand a compliant hiring process for temporary workers to become employees.

Additionally, we are looking to understand what exactly our temporary worker suppliers should be executing when they are hiring temporary workers as employees to be placed with us. In other words, it would be so great to have an easy-to-understand checklist for all of the things the sub-contractors should be doing to ensure that they have a compliant hiring process.

Thank you for your help!

1 Answer

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Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

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Beth Ronnenburg, SPHR, SHRM-SCP

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Bill Osterndorf

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President, Carla Irwin & Associates, Inc.

Craig Leen

Board Member, Circa

David Cohen

President and Founder, DCI Consulting

Ellen Shong-Bergman

Former Director, OFCCP and Retired President, Ellen Shong & Associates,

Josh Roffman, Esq.

Managing Attorney, Roffman Horvitz, PLC

Julia Mendez Achee

Senior Consultant - EEO/Affirmative Action Division, Biddle Consulting Group

Lisa Kaiser, Esq.

Lawyer, The Kaiser Law Group, PLLC

Marilynn L. Schuyler, Esq.

Senior Counsel, Seyfarth Shaw

Matt Nusbaum

Senior Consultant, Director, Biddle Consulting Group, Inc.

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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