The pace at which the needs of business and Contingent Workforce Management shift are sometimes staggering. By the time we catch up to one, another rears its head. It can sometimes feel as though it’s a constant game of reacting to problems that are occurring rather than being proactive and seeking and solving those problems before they become an issue. It’s the industry’s equivalent to the Whack a Mole game at a carnival. With that in mind it’s imperative enterprises’ of all sizes take the time to investigate the potential holes in their Contingent Workforce Management processes as often as they can. In the past, there has been heavy focus on issues such as Direct Sourcing, understanding the legal issues surrounding changing legislation such as the Affordable Care Act, or even the heightened focus of government agencies surrounding the issue of worker misclassification and compliance. As we accelerate through what is sure to be another banner year of growth for the Contingent Workforce there is an issue looming on the horizon that will be on the tip of everyone’s tongue by the time we roll into June of this year. That of the process of Identity Management, or IDM. Identity Management refers to “the management of individual principals, their authentication, authorization and privileges within or across system and enterprise boundaries with the goal of increasing security and productivity while decreasing cost, downtime and repetitive tasks.” In simpler terms, it means

  1. Who has access to the system?
  2. What do they have access to?
  3. Can those who access the system do so efficiently?
  4. Is sensitive data properly protected?
  5. Does the system allow the best balance of access, usability, and security in terms of cost savings?

Whether fully integrated already or slowly adopting it, businesses are becoming increasingly mobile. Work is completed in the cloud, collaboration is done over smart phones and tablets, and even “hangouts” have become the lexicon of an increasingly mobile and data based workforce.  So the challenge to be faced by those in the business of managing growing percentages of contractors and contingent workers is to balance the need for security regarding sensitive and intellectual data, with the need for efficiency for those who require increased sharing and flexibility in order to complete the tasks and projects businesses require of them. Refer to the graphic below for an illustrated view of the process and workflow of an IDM process.

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*Courtesy Identity Automation

 The timing of the concern regarding Identity Management is not a complete shock to those who have been following the numbers around the growth in the Contingent Labour Market. According to SIA (Staffing Industry Analysts) 2014 is poised to be a big year for IT, with almost all of the top 10 salary increases for Contingent workers being in the IT field. So, coupled with the boom of demand surrounding expert- skilled workers in IT, and the well documented struggles to find this kind of top talent, there is sure to be more contractors working for multiple companies and having access to multiple systems. What remains to be seen is how prepared enterprises are for this.

 

A Recent study by Ardent Partners suggest some early warning signs of some potential  blind spots in regards to IDM within the current CWM processes of some enterprises.

 

  • While nearly 64% of organizations institute regular reviews of contract labour compliance against requirements only 43% include detailed written assumption of risk of work completion ownership in their SOW’s (Statements of Work)
  • Although 70% of enterprises have visibility into system access by contract talent, only 44% have implemented proper compliance measurements during the offboarding phase.

 

2014 is poised to be the year of the big data enterprise, and do you know who has access to yours?

 

 

 

 

 

 

 

 

 

By: Angelina Mollov

With a growing number of concerns in the workplace, it is important that employers of contract employees and payers of independent contractors alike know exactly how to handle complaint investigations in a way that is fair, prompt, and legally defensible. Employers must handle complaints in a manner that is compliant with legislation, such as the Human Rights Code and all relevant Health and Safety Legislation.

Complaint investigations ensure that a healthy and safe work environment is maintained for all members of an organization and for those working in tandem with the organization. Contingent Workforce Solutions (CWS) has specific policies and procedures in place which ensure the Health & Safety of all contractors and that “No One Gets Hurt”. As such, CWS is able to provide guidance to its Clients to ensure that a healthy workplace is maintained.

As Mark Hertzberger, a trained specialist with over 20 years of experience in Health & Safety suggests, all complaints must be attended to and dealt with in an objective and respectful manner. Hertzberger provides the following tips for employers, contract employees, and independent contractors in order to ensure compliance with the relevant legislation and in order to ensure a healthy and safe work environment for all. Here are a couple of Mark’s tips:

Take all complaints seriously and act promptly on every complaint

Hertzberger suggests being objective and listening attentively without projecting personal bias. He also suggests comparing all details provided by the complainant against your company policy and against all legislation that is pertinent to the complaint at hand. It is important to be mindful that even complaints with insufficient evidence may highlight certain underlying issues within the workplace. For example, team dysfunction and or mismatched leadership styles.

Investigators should be objective

Hertzberger points to objectivity as the most important trait of an investigator. Hertzberger suggests hiring an external party or expert from the Ministry of Labour to obtain the facts and judge the situation in order to avoid any bias. Most importantly, the findings of an investigation should be communicated to members of the organization, contract employees and independent contractors alike.

For more information regarding what regulations bind contractors, independent contractors, and employers, please consult local authorities in your jurisdiction.

For the full article please visit: http://www.nxtbook.com/naylor/HRPH/HRPH0513/index.php#/44

HEALTH & SAFETY is often overlooked by staffing firms, MSPs and Employers when it comes to their contract and temporary works.

THE REALITY IS:

Mismanaging Health & Safety processes with contract workers are one of the greatest liabilities an organization can have when managing their contingent workforce.

Not follow best practices when it comes to providing training and or proper inspected work sites can lead to MULTI MILLION DOLLAR PERSONAL INJURY CLAIMS.

IN ADDITION:

Mismanaged workplace incidents are also one of the leading causes of things escalating into WORKER MISCLASSIFICATION LEGAL ISSUES?

LEARN ABOUT HEALTH & SAFETY BEST PRACTICES AT SIA’S CW SOLUTIONS FORUM

As experts in the field of Contingent Workforce Health and Safety & Risk management Jeff Nugent, Managing Director at Contingent Workforce Solutions, Eric H. Rumbaugh, Partner at Michael Best & Friedrich LLP & Kersten Buck from Staffing Industry Analyst will be running an interactive workshop titled: “When Safety Matters. Workplace Safety and the Contingent Workforce”

FORUM DETAILS:
Date: Sept 9-10th, 2013
Location: Fairmont Hotel, Chicago
Link to Forum Agenda: http://bit.ly/12ELDz2

SESSION DETAILS:
Date: 11:00 am Tuesday Sept 10th, 2013
Title: When Safety Matters. Workplace Safety and the Contingent Workforce
Moderator: Kersten Buck, Director, Strategic Solutions, Staffing Industry Analysts
Panelists:
– Jeff Nugent, Managing Director, Contingent Workforce Solutions
– Eric H. Rumbaugh, Partner, Michael Best & Friedrich LLP

SESSION DESCRIPTION:

Workplace accidents happen to be an unfortunate reality for many companies to deal with in today’s economy. And when these accidents happen to involve the contingent workforce, who bears the assignment of liability and brunt of the cost can often be unclear, resulting in tremendous penalties, fines or judgements. What can you do to protect your company? How should your relationships be structured? From workers compensation exclusivity to OSHA compliance and enforcement, this workshop will explore the myriad ways program managers can manage their company’s liability while creating a safe workplace environment for everyone.

BE OUR GUEST AT THE FORUM: For a complimentary pass please CLICK HERE

By: Christina Fabugais


With the Affordable Care Act looming, many organizations must make themselves aware of the implications that it has on the way they run their business. The Act, which will be in full effect in 2014, will require employers with more than 50 full time employees to provide affordable health insurance to its employees.

There are a few key things to note:

Employers with 50 or less full time employees are not required to provide health insurance to its employees
Full time is defined as working thirty-hours a week (or more) on average during a one-month period
Independent Contractors are not included in the 50 count
It should come as no surprise that many organizations are now considering increasing their use of Independent Contractors to avoid having to pay into the Act. With the recent crackdown on worker misclassification cases across the US, we can expect the IRS to pick up their enforcement initiatives even more.

What does this mean for your organization?

Using Independent Contractors is a legitimate way of staying under the 50 full time employee mark, however, you must have all your ducks in a row before going this route. Worker misclassification cases can be a long drawn out process, not to mention very costly. Recent cases have employers paying millions of dollars in back wages.

When dealing with Independent Contractors it is important for you to familiarize yourself with the 20 Factor Common Law Test used by the IRS to determine employee vs. self employed status. The Common Law Test focuses on three main areas of an employer and independent contractor relationship:

Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
When working with Independent Contractors your best defence is to utilize a 3rd party that takes on the contractual relationship and specializes in Independent Contractor Compliance. Manoeuvring through federal and state employment and tax legislation can be tricky. Using a specialist can help mitigate your organizational risk significantly by implementing proper classification methodologies, and best practice processes.

Resources:

• Department of Labor: Affordable Care Act http://www.dol.gov/ebsa/healthreform/

• IRS: Independent Contractor (Self Employed) or Employee? http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-(Self-Employed)-or-Employee%3F

January 29, 2013 – Mississauga, Ontario – Jeff Nugent, President & Managing Director of Contingent Workforce Solutions will be moderating a panel of industry experts at the upcoming Contract Workforce & Talent Exchange Virtual Conference hosted by HR.com. The session will focus on changes that have impacted the contingent workforce sector over the last 12 months and look ahead to the challenges and opportunities of 2013. Jeff Nugent will be moderating a panel of experts that include:

• Matt Rivera, Yoh Services, LLC
• Jerome Gerber, Volt Workforce Solutions
• Jason Posel, ClearPath Workforce Management
• John Martin, IQ Navigator

According to the American Staffing Association Staffing Index, since the beginning of 2012, temporary and contract employment has grown 28.1%. As one of the fastest growing segments of the workforce many organizations are not positioned to properly address the challenges and opportunities affecting their contingent workforce planning and management. With their uniquely diverse yet complementary experiences, the panel will share their insights into how to deal with this growing trend in an efficient and compliant manner.

Session Details:

Date: January 30, 2013

Time: 11-12 PM EST

Price: FREE

To register and for more information visit: http://www.hr.com/en?t=/contentManager/onStory&StoryID=1358354343285

About Contingent Workforce Solutions: Contingent Workforce Solutions provides Contract Workforce Management services and technology that enables clients to centralize the process of hiring, engaging and administering contract, temporary and project based workers. Through its highly developed people process and technology CWS’ solutions allow clients to streamline processes, reduce risk and save money. As experts in the field CWS also provides end to end back office processing and payroll funding to small to medium staffing firms that helps position them for unlimited growth. For more information please visitwww.contingentworkforcesolutions.com

About HR.com: HR.com is a virtual company that believes in HR education and networking. As the largest social network and online community of over 200,000 HR executives, HR.com connects HR professionals and suppliers with easy access to shared knowledge on best practices, industry news, webcasts, and online certification to help them develop their most important asset – the people. Meet, network, share and learn. (Visit www.hr.com)


By: DANIEL A. LUBLIN
Special to The Globe and Mail
Published Wednesday, Sep. 19 2012, 3:39 PM EDT
Last updated Wednesday, Sep. 19 2012, 4:40 PM EDT

It is one of workplace law’s newest phenomena, but it is also often a charade: Employers, happy to unburden themselves from the various costs
and liabilities associated with hiring and managing a work force of employees, are increasingly retaining “contractors” to perform much of the same work that their employees did before.

And these employees in disguise, who are content to pay far less tax by simply calling themselves contractors, are not about to complain. However, when the music stops and these arrangements are challenged, sometimes many years later, courts, labour tribunals and government agencies are usually inclined to find that these contractors were truly employees. No surprise there. The arrangement represented little else than a label. What really matters is how the parties behaved.

To transform an employee into a contractor, both sides go to great lengths, preparing fancy legal agreements and incorporating separate companies to act as notional intermediaries. Some employers make deals with their workers to fire them as employees and then rehire them as contractors shortly afterward, thinking the act of termination and re-engagement as a contractor will somehow trick the Canada Revenue Agency into agreeing that this arrangement was not just an act. But the work performed by these contractors is usually exactly the same work that was previously performed by employees. What happens when these arrangements fail?

Furniture retailer La-Z-Boy recently rolled the dice and lost after an appeal court declared that Gordon Braiden, one of its commissioned sales agents, was truly an employee.

Mr. Braiden, a 14-year company veteran, was made to sign annual independent contractor agreements stating that he was an agent of La-Z-Boy and no longer an employee. The contracts each stated that Mr. Braiden could be fired as a contractor, with only 60 days’ notice – far less than he would have received if he was an employee.

When Mr. Braiden was fired a number of years later, he challenged La-Z-Boy’s agreements in court and won. The court confirmed that the true test is not what a signed agreement states but rather the nature of the employer’s control and the employee’s vulnerability in the relationship. Here, not much changed after Mr. Braiden was ostensibly transformed into a contractor, since La-Z-Boy still controlled much of his day-to-day job. Therefore, despite his label, the court still found him to be an employee.

Similarly, real estate agent Elizabeth McKee was viewed as an employee by a court even though she signed a contractor agreement, had her own incorporated business and invoiced her principal for commissions. After a falling-out which cost her her job, Ms. McKee sued her principal, arguing that she was actually an employee. The fact that she operated a business within her work for the company did not mean she was a contractor, nor did the fact that she hired and supervised her own staff. Since she worked for 18 consecutive years exclusively for her employer and had become an integral part of its business, the court declined to uphold the contract and characterized her as an employee. She was then awarded nearly half a million dollars in severance.

When the work being performed is the same and the employer still controls much of the worker’s activities, then simply labelling a worker as a contractor is not dispositive even if he or she agrees. This exposes employers not only to severance liability, but also to government audits for taxes, back taxes, unremitted employment insurance withholdings, and a number of other serious regulatory claims.

If you want to employ or be employed as a contractor, then consider the following advice:

Ensure that there is a clear separation between the employer’s business and the contractor. Permit the contractor to perform services for others and to maintain genuine discretion over how and when he or she performs the job. True contractors are permitted to perform the job in the manner they see fit.
In appropriate cases, use a third-party company to act as the notional employer. These companies are becoming increasingly relevant, and most are adept at designing an arrangement that will hold up in court.
Ensure that contractors do not receive any of the benefits given to regular employees, including health benefits, statutory holidays and overtime pay. Providing them with company business cards, corporate voicemail and website biographies are common human resource errors.
Do not allow a contractor to continue in the job indefinitely. Courts and government tribunals tend to focus mostly on permanency and dependency in declaring whether a contractor is truly independent. The longer he or she stays, the more likely he or she will be viewed as an employee.

Originally Published in the Globe and Mail: http://bit.ly/UfoEHy

November 14, 2012 – Calgary, Alberta – Jeff Nugent, President & Managing Director of Contingent Workforce Solutions will be presenting at the Conference Board of Canada’s Western Compensation and HR 2012 event in Calgary, Alberta. The event will focus on competitive, yet affordable compensation, and will focus on two issues top-of-mind for HR executives—recruitment and immigration. These issues have become top priorities in the re-emerging hyper-competitive Western Canada talent market.

Jeff Nugent will be presenting along side Maggie Rigaux, Managing Director of Capabil-IT, on the topic of Managing and Mitigating Contingent Worker Risks.

Contingent workers – freelancers, contractors, consultants – offer businesses many benefits, including flexibility, reduced costs, and access to specific, hard-to-find skills. Most senior managers can cite these benefits, but few are fully aware of how to effectively manage the risks involved with their contingent workers. In fact, many contingent workers are used to mitigate the risks of increasing retirements, without any realization of the new risks they present.

Jeff Nugent and Maggie Rigaux will share their insights as leading practitioners in this rapidly growing contingent workforce industry, and will highlight best practice solutions that they have implemented within one of Alberta’s leading energy companies – The Alberta Electric System Operator (AESO). Using real case scenarios from the AESO, Jeff and Maggie will discuss how you can take a more strategic approach to contingent workforce risk and resource management, and maximize the return on this increasingly essential resource.

Session Details

Date: November 15, 2012

Time: 3:15 PM

Location: Hyatt Regency Calgary, Calgary, Alberta

For more information and to register, visit: http://bit.ly/ZJc0oz

November 5, 2012 – Toronto, Ontario – Jeff Nugent, President & Managing Director of Contingent Workforce Solutions will be speaking today at HRPA’s Toronto Chapter event. The event is geared towards the association’s Employment Networking Group (ENG).

In this session Jeff Nugent will help demystify the world of the contingent workforce. Jeff will highlight recent industry trends and statics that verify contract consulting as the fastest growing area of the workforce.

With over 17 years of recruiting and contingent workforce management experience Jeff will do a deep dive into how organizations can mitigate their risks and optimize this growing category of the workforce.

For more information visit: www.hrpa.ca/HRPAChapterSites/Toronto

About Contingent Workforce Solutions: Contingent Workforce Solutions provides Contract Workforce Management services and technology that enables clients to centralize the process of hiring, engaging and administering contract, temporary and project based workers. Through its highly developed people process and technology CWS’ solutions allow clients to streamline processes, reduce risk and save money. As experts in the field CWS also provides end to end back office processing and payroll funding to small to medium staffing firms that helps position them for unlimited growth. For more information please visit www.contingentworkforcesolutions.com

Jeff Nugent, the Founder & Managing Director of Contingent Workforce Solutions, will be speaking at the Conference Board of Canada’s Human Capital Risk Management Conference on April 25,2012. Jeff’s session will focus on the topic of Managing and Mitigating the Risks of Contingent Workers.

Contingent workers—freelancers, contractors, consultants—offer many benefits, including flexibility, reduced costs, and access to specific, hard to find skills. While most organizations can cite these benefits, few are fully aware of or effectively manage the risks involved. In fact, many contingent workers are used to mitigate the risks of increasing retirements, without realizing the new risks they present.

Jeff Nugent will share his insights as a leading practitioner in the rapidly growing contingent workforce industry. He will discuss how you can take a more strategic approach to your contingent workforce, and manage the risks and maximize the return on this increasingly essential resource.

Also, as an expert in contract workforce management and tax and employment legislation Jeff will highlight the benefits of using simple 3rd contract workforce engagement models that will help employers gain visibility, ensure compliance with internal policy and external employment and tax law all while streamlining the process, mitigating risk and saving employers a ton of money.

Jeff’s session will take place on April 25, 2012 at 1:45 PM

To view the full agenda for this event click here.

About Contingent Workforce Solutions
Contingent Workforce Solutions (CWS) is a business process management and advisory company that focuses on providing innovative contract and temporary labour management solutions to clients across North America and Europe. Not owned by a staffing firm, CWS enables employers to engage, administer and pay their contract workforce in an efficient and risk free manner. As industry thought leaders we provide comprehensive advisory, vendor program management, and professional independent contractor administration and payrolling services that enable employers to get the most out of their contract and temporary workforce. At Contingent Workforce Solutions we are changing the way people work™.

www.contingentworkforcesolutions.com

For more information contact directly:

Christina Fabugais
Sales & Marketing Manager
Phone: 1-866-837-8630 Ex. 9077
Email: christina.fabugais@cwsolutions.ca

Statistics are now showing that over 25% of the North American Workforce is on Contract or Temporary assignments. Moreover, organizations are beginning to realize the benefits of employing this agile and highly skilled workforce. As this trend continues to grow, many organizations are faced with the challenge of better managing their contract workforce in an effort to remain compliant and to reduce cost.

In this 60 minute session Jeff Nugent and Sean Ford will discuss the practical steps in building a world class contingent workforce program while outlining the key business drivers that will assist in building a business case to centralize the CWM through talent acquisition and human resources. This session takes a holistic view of guiding Human Resource leaders through strategically integrating independent contract workers into their overall talent mix. Jeff Nugent and Sean Ford will also identify the need for 3rd party vendors and how to evaluate your organization’s need to outsource various vendor solutions. Attendees will gain expert advice on building a business case for centralized contract talent acquisition, as well as a step-by-step outline on how to create an integrated talent management and performance management program within their organizations. Jeff Nugent and Sean Ford will discuss how a centralized CWM program can enable Human Resource professionals to gain control of their contract workforce through increased visibility into worker activity and risk mitigation best practices. Attendees will also hear successful case study examples where employers were able to save significant amounts of money on contract worker spend and staffing agency fees.

Date: January 31, 2012
Time: 12-1 PM EST
Price: FREE!!!

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Registration Instructions:

To register visit: http://www.hr.com/en?t=/contentManager/onStory&s=t23D1ljBn8iCuaPpPZl&StoryID=1307043839383

Click Register Now – It’s Free!

Fill out your account details

You will be prompted to select the type of account you would like to register for. To sign up for the FREE account select No Thanks.

Once you have successfully completed these steps you will be sent an email with an activation link.

Clicking on this link will activate your account and direct you to the website homepage.

Under Webcasts & Events in the top navigation bar select Virtual Conferences > Upcoming Virtual Conferences.

Click on the first event: Contract Workforce & Talent Exchange Virtual Conference

Click Enter Event.

Click Auditorium to enter the Webcast Auditorium.

Click the 10/13/2011 date tab.

Scroll down the 12:30-1:30 pm session and click the title: Building a Best of Breed Contingent Workforce Management Strategy

Click Attend Webcast.

A confirmation email will automatically be sent to you with details on how to join the webcast.

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For More Information Contact:

Christina Fabugais
Marketing Manager
Contingent Workforce Solutions Inc.
Direct Phone: 416-642-9077
Toll Free: 1-866-837-8630 x9077
Email: christina.fabugais@cwsolutions.ca