Final answer:
Temporary employees through staffing agencies count towards the employee threshold for WARN Act notifications, requiring employers with over 100 employees to give a 60-day notice for large layoffs or plant closures. Temporary workers are equated with permanent workers in terms of joint employer responsibility for health and safety under OSHA regulations.
Step-by-step explanation:
When determining the employee threshold for the Worker Adjustment and Retraining Notification (WARN) Act, temporary employees through a staffing agency are indeed counted. The WARN Act requires employers with more than 100 employees to provide written notice 60 days before plant closings or large layoffs. As temporary workers are treated similarly to permanent employees, and staffing agencies alongside host employers hold joint accountability, temporary employees must be considered in WARN Act notifications. This shared responsibility includes adherence to workplace health and safety requirements, under the oversight of the Occupational Safety and Health Administration (OSHA). The condition includes ensuring worker safety and health, with potential joint liability for violations. The growth of the temporary worker industry also impacts the labor market by providing a bridge to permanent employment and reducing natural and frictional unemployment.