News & Analysis as of September 21, 2024

Staffing Agencies

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on 7/30/2024

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on 7/12/2024

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

IT Staffing Company Pays $50,000 To Settle EEOC Age Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 3/9/2018

Company Told Applicant "Age Will Matter," Federal Agency Says - NEWARK, N.J. --- Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will...more

KB Staffing Settles Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

Littler on 8/4/2017

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

Seyfarth Shaw LLP on 5/23/2017

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

EEOC Sues It Staffing Company Diverse Lynx For Age Discrimination

U.S. Equal Employment Opportunity Commission... on 5/9/2017

Princeton Company Refused to Refer Older Applicant for Job Because 'Age Will Matter,' Federal Agency Charges - NEWARK, N.J. - Diverse Lynx, a Princeton, N.J.-based IT staffing firm, violated federal law when it failed to...more

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Seyfarth Shaw LLP on 3/27/2017

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

Littler on 10/19/2016

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

The Joint Employer Doctrine Strikes Again

Sands Anderson PC on 9/2/2015

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more

Last Minute Write-Up Has Unintended Negative Legal Results

Parker Poe Adams & Bernstein LLP on 8/31/2015

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

California Employment Law Update: What’s New for 2015?

Davis Wright Tremaine LLP on 12/3/2014

The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

Despite settlement, EEOC continues and expands discrimination investigation

McAfee & Taft on 11/25/2014

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

EEOC Charges Strategic Legal Solutions with Age Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/26/2014

Company Rescinds Job Offer After Learning Attorney's Age And Bans Her for Complaining About Ageism, Federal Agency Says - NEW YORK - Strategic Legal Solutions, a national legal staffing and legal project management...more

Immigration Alert: September 2014

Epstein Becker & Green on 9/22/2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

U.S. Equal Employment Opportunity Commission... on 10/2/2013

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

Mintz - Employment, Labor & Benefits... on 4/25/2013

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

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