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The bottom line is that my W2 form will state that my employer is (name
and address of recruiting firm) and my resume and employment
applications will state the clients' name(s) with my job title as
"Technical Writer (Contract)" or "Contract Technical Writer".
-- Kenpo
-----Original Message-----
From: techwr-l-bounces+poshedlyk=polysius -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+poshedlyk=polysius -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Lauren
Sent: Wednesday, January 31, 2007 4:48 PM
To: 'Gene Kim-Eng'; techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List
This is true and this discussion is about employers and employees. The
recruiter is the employer and the employee gets paid by the employer.
The client is a third-party, but the client's location is the worksite.
The "place of employment" does not need to be the employer's location.
The place of employment is the place where the work is performed. For
example, the place of employment for construction workers is the
construction site and not the developer's office.
The DLSE hearing judge last week made it very clear that my final pay
was due to me at the client's site where the work was performed (in
California) on my last day of work. It would be very unreasonable for
that employer to require me to fly to Texas to pick up my final check.
Location of the employer's address has no bearing on the location of
where the work is performed. Location where the work is performed
determines the jurisdiction that establishes employee rights and I don't
see how paychecks should receive a different set of laws.
My Texas employer wrote a contract that stated that laws of Texas apply.
Work was performed in California. As an employer with employees
performing work in California, the Texas corporation was bound to
California law and contract provisions that contradicted California
labor law had no standing.
So all of my rights as an employee emanated from where I the work was
performed at the client's site and not at the employer's site. The
employer's location does not determine the employee's rights, the
location of the work by the employee determines the employee's rights.
So I think that rights that relate to paychecks would also follow this
convention.
Lauren
-----Original Message-----
From: techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com] On Behalf Of
Gene Kim-Eng
Sent: Wednesday, January 31, 2007 1:22 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: Re: Techie's List
All the laws you cite apply to employers and employees.
In the case of a temp worker employed by an agency and assigned to work
at the site of the agency's client, services to the client are being
provided by the agency, not the temp worker, and the temp worker's
services are provided to the agency, not the client. You are not an
employee of the client company, your employer is the agency, your place
of work is the agency and the client company is just someplace they
dispatched you to do work on their behalf.
None of the employer/worker notices posted at the client company apply
to you in any way; your notices are posted at the agency's office.
Gene Kim-Eng
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