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In re Vizcaino
(9th Circuit)
Temporary leased employees
The NAM on 6/2/99 urged the Ninth Circuit to rehear a panel decision calling temporary leased workers "employees" for purposes of eligibility for Microsoft’s stock option plan. The panel decision allows a dual employer situation, potentially allowing duplicative benefits and creating confusion and disrupting temporary staffing services, especially in high tech industries. On June 24, the Ninth Circuit rejected the appeal and sent the case back for further proceedings.
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