Staffing and recruiting  ·  4 min read

For a US staffing firm, the five rules that come up most are these. The Fair Labor Standards Act, for minimum wage and overtime. Form I-9 and work authorization rules. The anti-discrimination laws enforced by the EEOC, such as Title VII, the ADA and the ADEA. The Affordable Care Act's employer rules on health coverage. And OSHA's safety rules, which make the agency and the client jointly responsible for temp workers. On top of all five sits a layer of state and city law. This post names them. A lawyer tells you what they mean for your firm.

A worker file checked against a hospital's requirements before the shift is confirmedTHE FACILITY REQUIRESRN license, this state, currentBLS card, not expiredTB test within 12 monthsBackground check on fileSite orientation done before shift oneFIVE ITEMS, WRITTEN DOWNTHE WORKER FILERN license, expires 2027BLS card expired last monthTB test, eight months agoBackground check, on fileOrientation: not scheduledTWO GAPS. FOUND ON TUESDAY, NOT AT THE DOOR.Check the file against the list before the shift is confirmed. A gap found at the door is a gap the client finds.
Most compliance failures are a known rule that nobody checked on this file.
1Staffing and recruiting

The five, one line each

1. Wages and overtime (FLSA). Workers must be paid at least minimum wage, and non-exempt workers get overtime after 40 hours in a week. The agency is the employer, so the agency pays it, even if the client's timesheet was late.

2. Work authorization (Form I-9). Every new hire completes a Form I-9 within three business days of starting, and the employer checks the documents. Staffing firms hire a lot of people fast, which is where this one breaks.

3. Anti-discrimination (EEOC laws). No decisions based on race, sex, religion, national origin, age over 40, disability, and other protected categories. This covers the client's requests too: "send us younger people" is a request you cannot fill.

4. Health coverage (ACA). Large employers must offer affordable coverage to full-time employees or pay a penalty. For staffing firms, counting hours across assignments is the hard part.

5. Safety (OSHA). Temp workers get the same protection as the client's own staff. The agency and the client share responsibility for training and hazards. OSHA has said so directly about temporary workers.

2Staffing and recruiting

The state layer

State and city rules often go further: higher minimum wages, paid sick leave, pay transparency in job posts, limits on asking about pay history or criminal records, and licensing for certain kinds of staffing, such as nurse agencies. A firm placing in three states has three sets of rules.

3Staffing and recruiting

Why staffing firms get caught

Not because the rules are secret. Because the volume is high and the file was not checked. An I-9 started late. A timesheet that put someone over 40 hours with no overtime. A credential that expired mid-assignment. The rule was known. The file was not read against it on the day it mattered.

4Staffing and recruiting

The habit that prevents most of it

Keep a written list per client and per kind of worker, dated. Read every file against it before the assignment is confirmed, the same way every time. Keep the record of the check. That is most of compliance, and it is boring, and that is the point.

How M-Tracker helps

Where M-Tracker fits

The per-client list is the standard. In M-Tracker, that list lives with the client's project, and a worker file uploaded as the work is read against it before the assignment is confirmed, with a plain-words note on what is current and what is missing. The check is consistent and the review is saved. The law still needs a lawyer; the checking does not.

Try M-Tracker free14-day trial. No credit card. No employee surveillance.

How a task moves through M-Tracker: brief, work, review, improve, then the manager1BriefResult, audience,must include, due.Files and linksattached.2WorkThe person does itand attaches whatthey made.3ReviewM-Tracker comparesthe work with thebrief. One plainparagraph.4ImproveThey fix what ismissing while it isfresh.5ManagerSees work thatalready passed itsown test.No screenshots. No scores. The person sees the review first.
FAQ

Questions people ask

Which of the five is most often broken?

Wage and hour, by volume. Overtime missed because hours across two clients were not added up.

Does the client or the agency get fined?

It depends on the rule. Often both can. Put the responsibilities in the contract.

Is this legal advice?

No. It is a list of names. Talk to an employment lawyer in each state where you place people.

Copyright © 2020 – 2026 M-Tracker. All Rights Reserved. Privacy Policy