BOP NEWSLETTER • March 2023

Q: We need a Receptionist for just one day a week at our new, second location. My friend has one I can “borrow.” Can I do that and just pay my friend?

A: Unfortunately, no. Outside of joint employer relationships and/or franchises, there is no such thing as “borrowing” employees from other separate employers. Even within joint employment and/or franchise relationships, there would be certain rules and requirements to be followed in order to be legal.

In your case, if you need an employee for one day a week, you will need to hire your friend’s employee, or someone else of your choosing, as a regular part-time employee. This would include completing all regular new hire paperwork such as the W-4 for taxation purposes, and the I-9 for employment eligibility, as well as all other relevant paperwork required when new employees join your company.