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Clarification of who must pay temporary employees' paid sick or family leave wages under FFCRA

In FAQ #38, the DOL indicates that employees who are eligible for paid sick leave and expanded family and medical leave include "'joint employees' working on your site temporarily and/or through a temp agency."

However, the regulations (i.e., the DOL's temporary final rule) only mentions joint employees in the context of determining employer coverage under the FFCRA. There are no specific requirements about paying "joint employees."

Can the DOL possibly provide additional clarification on paying "joint employees?" For example, can the DOL further explain who is responsible for paying temporary employees - would it be the owner of the site on which they're working, even if a temp agency is paying their wages? Or would the temp agency be responsible for paying out the paid sick and family leave?

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Idea No. 2517