Whether a staffing agency is technically your employer or the client company is depends on the situation, but in most temporary arrangements, the agency is the employer of record. Understanding what this means helps you know who to contact for different issues and what protections apply to you.
The Three-Party Relationship
Temp work involves three parties: you, the staffing agency, and the client company where you perform the work. Each has a distinct role.
- You apply to and are hired by the staffing agency
- The agency pays your wages, handles your tax withholding, manages workers’ compensation, and may provide benefits
- The client company directs your day-to-day work, sets the schedule, and controls the worksite
Who Is Responsible for Your Pay?
The staffing agency is responsible for paying you, even if the client company is slow to pay the agency. If you have a pay problem, start with the agency, not the client company. Keep your own records of hours worked so you can resolve any discrepancies quickly.
Who Is Responsible for Worksite Safety?
Both the agency and the client company share responsibility for your safety, but their obligations differ. Under OSHA guidance, client companies control the physical worksite and are generally responsible for day-to-day hazard prevention. Agencies are responsible for ensuring workers are trained for the roles they are placed in and for following up on safety concerns.
If you identify a safety hazard, report it to both the on-site supervisor and your agency recruiter.
Harassment and Discrimination
Anti-discrimination and anti-harassment laws apply to you regardless of your employment status. Both the agency and the client company can be held accountable under federal and state law. If you experience harassment or discrimination at a worksite, document it and report it to your agency immediately. You are not required to handle it on your own.
What Happens When an Assignment Ends
When a temp assignment concludes, you typically return to the agency’s available pool. This is not a termination in the traditional sense. Your relationship with the agency continues unless you resign or the agency ends the relationship. Stay in contact and confirm your availability for new placements as soon as an assignment wraps up.
Questions to Ask When You Start
- Who do I contact if I have a pay issue?
- What safety training is required for this role?
- Who do I call if I cannot make it in?
- What are the rules around accepting a direct offer from the client company?