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9 Emp. Resp. & Rts. J. 1 (1996)

handle is hein.journals/emprrj9 and id is 1 raw text is: Employee Responsibilities and Rights Journal, Vol. 9, No. 1, 1996 Temporary Workers: Employee Rights and Employer Responsibilities Daniel C. Feldman and Brian S. Klaasl As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concern over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered employees of organizations and thereby be extended the same rights and protections as pennanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker's compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates. KEY WORDS: temporary workers; contingent workers; labor law; employment law. INTRODUCTION The growth of the temporary work force in the United States over the past ten years has been remarkable. Today, the number of temporary workers in the U.S. is roughly 1.8 million (having tripled in size over the last decade), and tem- porary workers comprise 3% of the work force nationwide. Temporary employment is now a $20 billion a year business in this country, and the number of temporary help services in the U.S. has increased 1,000%. Between 1991 and 1993 alone, over 20% of all the new positions created in the U.S. were temporary jobs (Ansberry, 1993; Morrow, 1993). It is not unusual in the retail and fast food industry to see temporary workers comprise over 25% of the work force (Feldman, Doerpinghaus, & Turnley, 1994, 1995). Most of the previous research on temporary employment has focused on the potential economic benefits and costs of using temporary workers. From the or- ganization's perspective, increased use of temporary employment has been advo- cated as a means of simplifying selection and recruiting processes, facilitating the realignment of the work force in response to changes in product demand, and re- 'Department of Management, University of South Carolina, Columbia, South Carolina 29208. OS92J>756S/93XU-txxI(Yt50,trx 0 1996 Plenum Publishing Corpration

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