Certified Staffing Profesional Practice Exam

In the situation where a temporary employee works different clients but does not exceed 40 hours for any one client, is the staffing firm responsible for overtime pay?

1. Yes

2. No

3. Only if they request it

4. Only if required by law

The correct answer is: No

If a temporary employee works for different clients and does not exceed 40 hours with any one client, the staffing firm generally is not responsible for overtime pay. Overtime pay is mandated when an employee works over 40 hours in a single workweek for the same employer under the Fair Labor Standards Act (FLSA). In this case, since the employee is working for multiple clients and staying within the 40-hour limit for each client, no overtime obligation arises for the staffing firm. This situation indicates that the hours worked are being spread among various employers, which excludes the staffing firm from having to pay overtime, assuming all clients are considered separate entities. It's important to understand that if the employee were to exceed 40 hours when the hours from all clients are combined, then the staffing firm might become responsible for overtime pay in accordance with prevailing labor laws, but that condition does not apply in this scenario.