The most complex of industry needs is logistics, whether it is a bricks and mortar construction project or a bespoke design consultancy scheme. As the market place becomes more demanding it is the briefs that are so simple that they are waiting for a trap for the unwary or even just tired.

Michael Fitzpatrick Architects, the Irish based practice behind the stylish design of the redevelopment clinic of Thistle Branch Pharmacy are a leading architectural firm with an enviable reputation for seeking innovative and tailor made solutions to meet the very different challenges faced by clients in the construction and the medical sectors (to name just two).

A big part of what they do is managing the process of creating bespoke designs and bringing them into reality. A facet of that is management of human resources and compliance with the laws that apply to those employed to deliver projects. As we will see, compliance with the employment standards laws governing temporary staffing regulations is increasingly important for firms like the Thistle Branch Pharmacy to ensure that their workforce meets their ever changing, dynamic needs in a competitive sector.

So, what is a “temporary employee” under the California statutory interpretation of the Fair Employment and Housing Act? A temporary employee is defined as someone who is hired for a limited period of time to perform a specific task or work on a short-term basis.

The major provisions of California’s “Temporary Employees” laws, including rules and restrictions as to employing temporary employees, are as follows:

Many international firms are implicated in these laws when engaged in collaborative workstreams with Californian vendors or supply, the potential for running afoul of them in dealing with temporary designers or drafts people, or even administrative staff, is real. Most firms will have international resources and have European, APAC Pacific and North American divisions or local partners. Ireland remains a very attractive country for companies to use for projects and while the laws are a challenge in the US, in many cases Ireland represents a known entity in terms of a business or individual that will understand the problem. In the case of Michael’s Thistle Branch experience in loss of revenue due to down time enforced by repairs and restoration, the project was located a considerable distance away and in a jurisdiction where they did not have any prior experience. The success of Thistle Branch Pharmacy is that he was able to make a recommendation to a client rather than needing to find a solution himself. Many clients are likely to be unfamiliar with a firm’s business processes and resources outside of their immediate localities. This is not just the preserve of US firms working abroad and the risk to an architect in particular lies in their “professional liability”. The licensing of Michael Fitzpatrick Architects was as “an architect on record” for the project with a long term contract outlining his responsibilities and the limits of his authority. Not being aware of the employment laws made it impossible for Michael and his firm to protect themselves from the contractual and potentially liability implications for any gaps that may have existed with the substitute personnel they had needed to hire in. They were forced to accept a loss of time and revenue which cost them esteem and goodwill with the client.

But how do these laws contribute to an ethical work environment and are these things that fit within Michael Fitzpatrick Architects’ ethos? Yes, the laws are a distillation of the common good. They are defensible and uncomplicated. Michael’s client was fortunate in that his efforts have supported a like-minded business owner and his staff in having them see the great care that existing employees of the firm were enjoying as part of the extension of the business. But this does not ensure that there are systems and processes in place to ensure that these laws are not broken. Architects wanting to do the right thing will need to ensure that they look to see what the risks are and implement them in their practices. The issues in respect of temporary employees outlined in this article are just one example of the laws that can impact upon a project. They are not the only ones and the expectation of how firms like Michael Fitzpatrick Architects implement compliance strategies cannot be a cost or time heavy burden on a small business, Australian firms need to review and be mindful of the laws they do encounter because they still exist, being a little familiar with them will assist in this.

So, what would happen if your firm runs into issues when your temporary staff leave? How do you deal with temporary staffing in a bespoke design environment? How do you ensure that your human resources functions are making the most of the available pool of resources when the limitations of law can seem to be running up against the needs of your firm? Time and attention to these detail are important and identifying them early in the process is critical. They need to be calculated and factored into tender or marketing documents at the bidding stage and just as Michael Fitzpatrick and Thistle Branch Pharmacy were able to engage when they encountered issues, there is an ability to meet compliance obligations and maintain a sustainable work environment with the right tools and foresight.

If you work with temporary employees you need to ensure that you are complying with the temporary employee laws of California. In addition to defining what it is to be a temporary employee, the law has major provisions and rules that restrict how you employ temporary employees. Failing to understand the provisions that regulate temporary employees can become a major liability for employers in California, if for example, you fail to pay into the workers compensation fund and have to pay an employee’s workers compensation out of the company’s own funds. For more information on these California laws, refer to the site above where you will find an abundance of legal insights.

There are also very clear benefits in choosing to ensure compliance and to work with the regulations and the restrictions that temporary employees may bring to your enterprise. These include the satisfaction of the following: If you respect the standards you are adopting, you will ensure that your firm’s rating meets the standards of your own priorities. It’s like having the opportunity to keep yourself honest – some clients and businesses will even be grateful for it, particularly Michael Fitzpatrick Architects’ client Thistle Branch Pharmacy.