However, if the client company approved your hiring and possessed the right of control, an employer/employee relationship might be found, making the client responsible for any discriminatory acts (including sexual harassment) perpetrated against you on the job site. The same is true if you desire to take time off to care for a newborn or an adopted child, an elderly parent, or a sick spouse under the federal Family and Medical Leave Act (FMLA).

Under what conditions will companies using temporary labor be required to comply with the FMLA? Generally, where two or more businesses exercise some control over the work or working conditions of the employee, a joint relationship may be found to exist. Once this occurs, the client as the secondary employer may have the obligation to comply with the FMLA and cannot discriminate against you if you seek to exercise your rights under this law. (Note: Discussion about your rights under the FMLA is part of the next chapter.)

Tip: If you are a leased or temporary employee, speak to a lawyer immediately if you believe your rights are being violated. This may include, for example, being a victim of sex, race, age, or disability discrimination, or being denied unemployment insurance benefits or workers' compensation coverage after an accident.