Gemini’s Methodology

I. Vendor-neutral: Provide level playing field and complete transparency between the suppliers you trust the most.

II. Technology-agnostic: VMS technologies have vastly different capabilities therefore we can match and align to our clients’ specific needs.

III. Work ethos: We believe in working with speed and clarity – to ultimately drive greater efficiencies not simply to restrict or control the process.

IV. Customized supply-chains: Build an ecosystem of partner recruitment agencies that are engaged to address our clients’ requirements. Bigger is not always better, it’s about building the right supply chain of partners and giving them the necessary tools to be successful.

V. Industry expertise: We have a deep expertise in both staffing and VMS technologies along with proven “know-how” to execute complex MSP programs effectively.

 

Top 5 Reasons MSPs Have Struggled in the Energy Sector

  • Lack of trust/conflicting interests
  • MSP acts as gatekeeper or middleman to agencies
  • Service team lacks industry knowledge or know-how
  • Overly complex VMS systems or cumbersome processes
  • Lack of responsiveness and feedback

 

Risk Mitigation

The recent rise in Fair Labor Standards Act (FLSA) claims has brought increasing focus into the risks of worker misclassification, day-rate pay structures, and the utilization of independent contractors.  The exposure to companies utilizing large numbers of non-employee or contracted workers is in some cases more elevated than their counterparts due to the joint employer liability and the inconsistencies between how recruitment agencies document and track contractor hours.

 

How MSPs Can Mitigate Risk

  • Revise agency contracts to gain more compliance and consistency across the supply chain
  • Use technologies to monitor contractor hours worked
  • Establish SOPs for contractor job classifications
  • Confirm Non-Exempt/Exempt status at placement meetings and on all service orders
  • Document and maintain compliance through VMS systems

 

In addition to these steps, there are specific tactics that Gemini has developed with the aid of some of the top employment law specialists in the world to address this ongoing risk in the ever changing landscape of employment law in the US.  Gemini has developed proprietary methods to address the misclassification of contractors, alternatives to traditional day-rate structures and how companies can remain in compliance to using independent contractors known as 1099 workers.  Due to new federal labor regulations, the fight for minimum wage hikes and an intense focus on independent contractor classification and joint employer status, risk mitigation in this day and age of class action lawsuits will remain to be a critical component to every company’s human capital strategy.

 

Comprehensive Program ManagementMSPs Vendor ManagementDiverse Contingent Workforce Compliance & Risk Mitigation

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