Staffing Agencies

News & Analysis as of

From Hiring to Firing: A Basic Guide To The Japanese Employment Law Life Cycle

Hiring: As a general rule, employers in Japan can freely determine the person they would like to hire as an employee, provided that discrimination on the basis of certain protected categories is not permitted. Employees...more

Looking At Those Amazon Non-Competes From A Kentucky Perspective, P.2

In our last post, we began looking at a non-compete agreement Amazon has been imposing on warehouse workers, even temporary workers. We’ve specifically been looking at how the agreements might fare under Kentucky law. ...more

Customer Liability Under The Minimum Wage Act: Recommendations For Reducing Liability Risks

Since the start of the year, companies have been grappling with letters from their clients (customers), in which these customers are demanding compliance with the Minimum Wage Act (MiLoG), referencing their own potential...more

New Law Targets Employers Who Contract for Labor

Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more

Federal Court Approves Another EEOC Subpoena in Investigation of Aerotek

Staffing Giant Must Comply With Subpoena Covering 62 Locations Across the Country - CHICAGO - A federal judge has approved a subpoena allowing the U.S. Equal Employment Opportunity Commission (EEOC) to proceed with its...more

Health Coverage for Staffing Firm Employees – Who is Responsible?

The Issue: Whether the recipient employer or the staffing firm from which the employer hires workers is responsible for offering health coverage to those workers under the Affordable Care Act’s employer mandate....more

Joint Employer Liability on the Rise

The Issue: Could my company be liable as a joint employer for Labor Code violations of our subsidiary or third-party staffing company?...more

Minnesota Staffing Company Fined $227,000 For I-9 Violations

A Minnesota-based staffing firm was recently ordered to pay a $227,000 fine for violations of the Immigration and Nationality Act, including false attestations made on I-9 forms. ...more

EEOC Sues Sims Recycling and All-Star Personnel for Disability Discrimination

International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charges - NASHVILLE, Tenn. - An international electronics recycling company and a local staffing agency...more

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

Two new DC laws on wage theft, criminal record info mean a sea change for District employers

In the rush of the holiday season, activity by federal lawmakers might have gone unnoticed. In the dawn of 2015, however, Washington, DC employers have woken to a series of new obligations and restrictions....more

"Possible Expansion of Joint Employer Status Would Impact Businesses With Contracted Workers"

As businesses are increasingly using labor contractors and staffing agencies to supply workers, the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) are seeking to expand the...more

The Affordable Care Act and Staffing: One Size Does Not Fit All

Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate...more

Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and HR to specialized service providers. This...more

Missouri Court Refuses to Enforce Non-Compete in Staffing Agency Fight Between Kforce and Beacon Hill

A recent case out of the Eastern District of Missouri provides a perfect example of what judges should do when evaluating non-compete agreements: That is to say that judges should conduct a thoughtful analysis that accounts...more

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

California Employers Face Increased Liability When Using Staffing Agencies

A California state law that became effective January 1, 2015, substantially undermines the business decision to utilize temporary workers. A significant number of California employers who use temporary workers must now share...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

December 2014 Independent Contractor Compliance and Misclassification Update

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

New Year Brings New Liability When Using Outsourced Labor

Beginning January 1st, California law requires “client employers” to share certain compliance responsibility and liability with the companies that provide them with contract labor, such as staffing agencies. Client employers...more

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

New Employment Laws Affecting California Businesses in 2015

The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their...more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

"insights" Newsletter - Autumn 2014

In this issue: - Immigration and Customs Enforcement ("ICE") - Antitrust and Compliance Programs - Staffing Companies and their Clients - Employment Law Update - Impact of the Windsor...more

New California Labor Code Mandates Shared Legal Responsibilities

Does your company use workers provided by another entity, such as a staffing agency? If so, your company will soon have direct responsibility if the provider fails to properly pay wages or carry proper workers’ compensation...more

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