Are You at Risk? How to Protect Your Company from Undocumented Worker Fines


When it comes to worker authorization issues with temporary employees, some employers incorrectly assume that the staffing agency those individuals work for is the only one “on the hook.”

Unfortunately, that’s not the case.

Federal agencies like U.S. Immigration and Customs Enforcement (ICE) and the U.S. Occupational Safety and Health Administration (OSHA) are cracking down on organizations engaging undocumented temporary workers. Laws are getting tougher, too – making it virtually impossible for employers using temporaries to “contract themselves out of liability” for authorization and safety violations.

Make no mistake: Hiring or “using” unauthorized workers (knowingly or unknowingly, temporary or direct) can lead to hefty fines, costly litigation, increased safety risks and more. What’s the best way to protect your organization when engaging temporary employees?

Here are several recommendations for reducing your risks when using temporary workers:

Understand your responsibilities as an employer.

Both host employers and staffing agencies have roles in complying with worker authorization, as well as related workplace health and safety requirements.

Beware of staffing “deals” that seem too good to be true.

While it’s tempting to work with a low-cost staffing provider, doing so may put your organization at greater risk – and cost you more in the long run. You may initially save money with a lower bill rate, but the “shortcuts” an unethical staffing agency takes increase your risk of costly claims and fines. In addition to these direct costs, claims could also increase your experience modification rate (EMR) and, as a result, your workers’ compensation insurance costs.

Partner with a reputable, top-tier staffing agency.

PrideStaff proactively ensures our field associates and direct-hire candidates are authorized to work safely in your organization:

  • I-9 and E-Verify confirms that each of our field associates and candidates has the proper documentation to work in the United States.
  • We offer workplace safety training and audits to enhance safety on the job.
  • PrideStaff carries required workers’ compensation insurance in all states.
  • We employ dedicated workers’ compensation specialists to manage any claims which may arise.
  • Our employment law experts continually monitor evolving federal, state and local legislation to ensure compliance.
  • Finally, PrideStaff customizes our rigorous 7-step process to ensure candidates have the background, workplace safety education and recent, relevant experience to perform safely in your environment.

Concerned you may have undocumented temporary or direct workers?

Contact your local PrideStaff office today. We’ll create a strategy to help you maintain production levels while transitioning to a safe, fully compliant workforce.