18 Oct Who is the employer?
Who is the employer?
A cleaning agency provides services for a variety of residential and commercial clients on a regular basis. The agency selects, pays compensation including benefits, and withholds taxes from the cleaning workers. The agency also provides the cleaning equipment and supplies to do the work as well as supervises the cleaners on the clients’ premises. One large client of the agency reserves the right to direct the cleaning workers on when, where, and how specifically to clean when on the client premises. They also do their own evaluation of the workers’ performances and regularly reports those to the cleaning agency along with requests to remove any workers they deem unsatisfactory. Because of this unusual level of client involvement, the agency rarely supervises or directs cleaning workers who service this client and instead instructs them to seek guidance and direction from the client for any cleaning instruction and concerns.
Are these cleaning workers employees or independent contractors?
Who is the principal or employer of the workers—the cleaning agency or the client?
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