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Judge Dismisses Arco Temp Workers’ Case

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U.S. District Judge Lourdes Baird in Los Angeles dismissed a lawsuit on March 30 by 13 temporary workers who contend Los Angeles-based Atlantic Richfield Co. misclassified them to avoid paying benefits. A notice of appeal was filed Friday with the U.S. 9th Circuit Court of Appeals, said Brian Waid, an attorney with Seattle-based Bendich, Stobaugh & Strong, which has filed several cases dealing with the long-term use of temporary workers--nicknamed “permatemps.” The suit contends that the workers, who were employed through leasing agencies, were “common-law employees” and therefore entitled to benefits. Baird ruled that Arco defined them as “leased” employees, and a company can legally exclude leased employees from pension plans.

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