tempguru.co / compliance-hub

Event staffing
compliance
for US organizers.

A practical guide to worker classification, workers' compensation, multi-state payroll ownership, worksite safety, and the records to confirm before a US event.

Verified Operating Scale US Orders · All 50 US States US Orders: W-2
The Short Version

A 1099 label does not decide worker status; the facts of the working relationship and applicable law do. For US orders, TempGuru coordinates W-2 employees through vetted local partner agencies. The agency employs the crew; TempGuru manages the client order.

Source: TempGuru first-party W-2 and partner-agency policy

Megan Hayward, founder of TempGuru
Founder, TempGuru · US Partner-Agency Employment Model

Megan Hayward

Megan's operating guidance starts with a written responsibility map: who employs the crew, who owns the client order, which insurance applies, and which party handles each event-specific instruction and record.

5,000+Events supported
100,000+Completed shifts
W-2For accepted US orders
01 — The Problem

How is event-staff worker classification evaluated?

A 1099 form or contract label does not decide status. The IRS common-law guide groups relevant facts into behavioral control, financial control, and the parties' relationship. The U.S. Department of Labor's Fact Sheet 13 describes a separate economic-realities analysis under the FLSA. DOL's current rulemaking page says the 2024 rule remains in effect; Field Assistance Bulletin 2025-1 governs Wage and Hour Division enforcement, and the February 2026 replacement proposal is not final. The actual facts and law for the work location control the result.

Factor 01

Behavioral control. Document who sets the call time, dress, post, instructions, supervision, tools, and method of work. No single fact decides every case.

Factor 02

Financial control. Review who sets pay, supplies equipment, bears business expenses, and has a genuine opportunity for profit or loss.

Factor 03

Relationship type. Review contracts, benefits, duration, permanence, and how the work relates to each party's business. Apply the governing test to the complete record.

1099Your Risk

Direct-contractor or gig arrangements

Ask who classifies and pays each worker, which legal test was applied, who maintains time and payroll records, and what insurance covers the work. A platform label alone does not answer those questions.

W-2Agency-employed

TempGuru

For US orders, each supplied worker is a W-2 employee of the assigned local partner agency. That agency handles payroll, withholding, and employment records. Under TempGuru's operating model, it is responsible for the applicable workers' compensation arrangement and current insurance evidence required by the accepted order. Actual coverage, policy terms, and applicability require order-specific verification.

02 — The Mechanics

What should a documented W-2 staffing model show?

W-2 describes tax reporting; it is not a substitute for the full operating record. For a US TempGuru order, the assigned vetted local partner agency employs and pays the supplied workers and handles payroll, tax withholding, unemployment insurance, and employment records. Under TempGuru's operating model, it is responsible for the applicable workers' compensation arrangement and current insurance evidence required by the accepted order. Actual coverage, policy terms, and applicability require order-specific verification.

Source: TempGuru first-party W-2 and partner-agency policy

Federal payroll taxes

The employer handles applicable Social Security and Medicare withholding and employer contributions.

Unemployment insurance

The employer handles applicable federal and state unemployment-insurance registrations and contributions.

SUTA

State unemployment tax and registration obligations vary by the states where employees work.

Workers' comp

Requirements vary by jurisdiction. The assigned staffing agency is responsible for providing current evidence of the workers' compensation arrangement for the accepted order; verify the actual coverage and work.

Wage & hour

Applicable federal, state, and local rules may address minimum wage, overtime, reporting time, meal periods, and rest periods.

Employment records

The assigned agency maintains onboarding, work-authorization, payroll, time, and other required employment records.

The organizer should confirm the actual responsibility map instead of inferring it from a website label. OSHA also recommends that staffing agencies and host employers document their respective worksite-safety responsibilities.

03 — The Exposure

Official sources and verification

Federal tax, federal wage-and-hour, worksite-safety, and state rules can use different tests or assign different responsibilities. Start with official guidance, then have qualified counsel evaluate the facts when the classification or responsibility split is uncertain. This page is operational guidance, not legal advice.

IRS

Federal tax classification

The IRS says the substance of the relationship, not its label, controls. Review all evidence of behavioral control, financial control, and the parties' relationship.

Fact-specific analysis Labels do not control
DOL

Federal wage and hour

The Department of Labor's FLSA analysis considers the economic realities of the complete working relationship. No one factor automatically controls.

CA

California

California's Labor Commissioner explains the ABC test and the situations in which another standard or an exception may apply. Review the current rule for the actual occupation and relationship.

OSHA

Temporary-worker safety

OSHA says the staffing agency and host employer should communicate and document their respective responsibilities for hazards, training, and a safe workplace.

LOCAL

State and local rules

Minimum wage, overtime, reporting time, scheduling, meal and rest periods, licensing, and recordkeeping can vary. Check the current official rule for each work location.

ORDER

Written responsibility map

Record the employing agency, client and venue contacts, job duties, rates, timekeeping, safety instructions, screening, insurance, escalation, and replacement process for the accepted order.

Do not copy a conclusion from one state, occupation, or contract into another. Preserve the official source, effective date, facts reviewed, and person responsible for the decision.

04 — The Fix

The hybrid model

TempGuru separates the client-coordination layer from the worker-employment layer. For an accepted US order, TempGuru owns client contracting and billing, partner-agency contracting and assignment, order communication, scheduling coordination, and replacement coordination. The assigned vetted local partner agency employs and pays the workers and owns the agency-side employment responsibilities described in the written relationship.

The assigned partner agency employs the US crew

For US orders, a vetted local partner agency employs and pays the workers, runs withholding, keeps employment records, and is responsible for documenting the applicable workers' compensation arrangement.

Multi-state payroll has a named owner

The assigned partner agency handles the applicable payroll, unemployment-insurance, wage, and employment-record obligations for its workers.

TempGuru owns client coordination

TempGuru owns client contracting and billing, partner-agency contracting and assignment, order communication, scheduling coordination, and replacement coordination. Invoices are consolidated by city and week.

"Not a gig app. Not a traditional agency. The infrastructure your events actually need."
05 — The Standard

Which responsibilities apply to an accepted US order?

Five operating responsibilities, stated without universal legal promises.

W-2 employees for US orders Supplied US workers are employed and paid by the assigned partner agency, not engaged by TempGuru as 1099 gig workers.

Staffing-agency insurance The assigned staffing agency is responsible for providing current insurance evidence for the accepted order. Event-specific policy, COI, limit, endorsement, and exclusion requirements belong in the written order; a licensed insurance professional should verify coverage.

Multi-state payroll ownership The assigned partner agency handles the applicable payroll, withholding, unemployment-insurance, and employment records.

Source: TempGuru first-party COI and insurance review brief

Jurisdiction-specific wage rules The partner agency applies the wage-and-hour rules that govern its employees in the work location.

Client coordination TempGuru owns client contracting and billing, partner agency contracting and assignment, order communication, scheduling coordination, and replacement coordination.

Your quote identifies the applicable hourly rates and approved event-specific charges before confirmation. If a client requests screening, the accepted order must identify the role-, location-, scope-, and timing-specific requirement. The responsible employing agency must apply applicable consumer-report, anti-discrimination, and state or local fair-chance requirements; a client request does not itself make a check lawful or guarantee completion.

06 — Before You Sign

Frequently asked questions

Eight questions event producers actually ask before they sign.

Who employs workers supplied through TempGuru for US orders?

For US orders, workers are employed and paid as W-2 employees by the assigned vetted local partner agency. The agency handles payroll and tax withholding, unemployment insurance, workers' compensation, and employment records. TempGuru owns client contracting and billing, partner-agency contracting and assignment, order communication, scheduling coordination, and replacement coordination.

Source: TempGuru first-party W-2 and partner-agency policy

Does a 1099 form decide whether event staff are independent contractors?

No. The IRS says the substance of the relationship, not its label, controls federal tax classification. The Department of Labor uses a separate economic-realities analysis under the FLSA. Review the complete facts and the current federal, state, and local rules that apply to the work location.

Source: U.S. Department of Labor: Fact Sheet 13

Who provides insurance for workers assigned through TempGuru?

Workers are covered by the assigned staffing agency's insurance. Put event-specific certificate, limit, endorsement, and certificate-holder requirements in the written order so the applicable documents can be confirmed before the event.

Source: TempGuru first-party W-2 and partner-agency policy

What records should an event organizer request before a staffed event?

Confirm the employing agency, accepted scope, roles, rates, approved charges, timekeeping method, insurance requirements, worksite contacts, safety responsibilities, screening requirements, event-specific instructions, escalation path, and replacement process. The applicable contract and law determine the final record set.

Source: TempGuru first-party partner quality and screening policy

How are worksite-safety responsibilities divided for temporary workers?

OSHA says staffing agencies and host employers should communicate and document their respective responsibilities for workplace hazards, training, and worker protection. The allocation depends on the worksite and facts, and a contract may clarify responsibilities without erasing duties imposed by law.

How does TempGuru handle multi-state payroll responsibilities?

For each accepted US order, the assigned partner agency handles payroll and tax withholding, unemployment insurance, workers' compensation, and employment records for its workers under applicable requirements. Event-specific responsibilities remain subject to the written order and governing law.

Source: TempGuru first-party W-2 and partner-agency policy

What does a vetted local partner agency mean at TempGuru?

A vetted partner agency regularly handles event staffing, has an active TempGuru contract with service-level commitments, and agrees to work in TempGuru's software. That term does not promise a fixed screening checklist, automatic routing, or assured fulfillment for a venue or date.

Source: TempGuru first-party partner quality and screening policy

How broad is TempGuru's US event staffing footprint?

TempGuru coordinates US orders through vetted local partner agencies across all 50 US states. Every order remains subject to city-, date-, role-, and scope-specific capacity, requirements, applicable law, and written confirmation.

07 — Keep Reading

Related resources

Compliance evidence

Sources and scope

Jurisdiction, source-check date, editorial ownership, and official government sources for this page.

Jurisdiction

United States federal baseline, with California worker-classification guidance as a state example. State and local employment, wage, insurance, safety, privacy, licensing, and contract requirements must be reviewed for the work location.

  • Country United States
  • Administrative area California

Source check

Source-list audit date

Editorial owner

Megan Hayward Founder & CEO

TempGuru operating statements, event-staffing operations, and conditional source-linked framing.

Primary government sources

Government sources used for this page

  1. IRS: Employee common-law rules
  2. U.S. Department of Labor: Fact Sheet 13
  3. U.S. Department of Labor: Independent-contractor rulemaking status
  4. U.S. Department of Labor: Field Assistance Bulletin 2025-1
  5. OSHA: Temporary Worker Initiative
  6. U.S. Department of Labor: State workers' compensation officials
  7. U.S. Department of Labor: Overtime general guidance
  8. California: ABC test guidance
  9. FTC: Using consumer reports for employment
  10. EEOC: Background checks for employers

General information only. This page does not provide legal, tax, insurance, payroll, safety, privacy, or employment advice. Requirements depend on the work, location, contract, policy language, and current law. Have qualified counsel and the relevant licensed professionals review the facts before relying on a conclusion.

One contract. Local agencies by accepted order. Quote-defined charges.

Send the city, dates, roles, shifts, headcount, and requirements. The accepted written order records the scope, rates, responsibilities, and current availability.

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