News & Analysis as of

Staffing Agencies

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

Employment Alert: "Joint Employer and Independent Contractor Classifications"

by Porter Hedges LLP on

On Wednesday, June 7, 2017, the U.S. Department of Labor (“DOL”) withdrew two administrator interpretations published during the Obama Administration that had significantly narrowed the definition of independent contractor...more

USDOL Withdraws Joint Employment and Independent Contractor Guidance

by FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

DOL Trashes Obama-Era “Guidance”

by Sherman & Howard L.L.C. on

Wednesday the DOL announced that it was withdrawing two critical pieces of “guidance” issued under the Obama administration. The first piece addressed the DOL’s rather narrow view of who is an independent contractor (S&H...more

DOL Withdraws Classification Guidance

On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more

Department of Labor Rescinds Two Memos Broadening Joint Employer Liability - Impact on Court Decisions is Unclear

by Best Best & Krieger LLP on

The Department of Labor’s decision this week to rescind two of its memos from the Obama administration regarding joint employer liability may be a hint of what’s to come under the new White House. The repealed memos...more

DOL Withdraws Obama Era Interpretations On Independent Contractors and Joint Employment

by Franczek Radelet P.C. on

On June 7, Secretary of Labor Alexander Acosta announced the withdrawal of two Administrator Interpretations (“AIs”) issued under the Obama administration regarding joint employment and independent contractors. ...more

Turning Back the “Joint Employment” Clock

by Barley Snyder on

Determining the existence of joint employer liability has returned to its previous status as the U.S. Department of Labor withdrew Obama-era informal guidance on this topic....more

The U.S. Department of Labor Rolls Back Obama-Era Guidance on Joint Employers and Independent Contractors

The U.S. Department of Labor (“DOL”) announced today that it was rolling back an Obama-era policy that attempted to increase regulatory oversight of joint employer and contractor businesses....more

Parting of the Joint Employers: Trump DOL Withdraws Past Guidance on Independent Contractor Standards and Joint Employment

Yesterday the U.S. Secretary of Labor Alexander Acosta announced the Department of Labor’s withdrawal of guidance on independent contractors and joint employer liability issued in 2015 and 2016 by the Obama administration...more

Outsourcing In The Hotel Industry – Beware Of The Pitfalls

by Fisher Phillips on

In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as...more

Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing Lawsuit

by Shipman & Goodwin LLP on

As I continue to work on a major redesign and relaunch that I hope (!) to roll out by month’s end which has held up some blog posts, my colleague Gary Starr returns this morning with a new post regarding a recent Connecticut...more

Arbitration Agreement Enforced on Behalf of Nonsignatory

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant...more

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

by Seyfarth Shaw LLP on

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

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

New, Even Broader, Joint Employer Test Adopted

by Akerman LLP - HR Defense on

Employers may think the concept of joint employer being pushed by the National Labor Relations Board (NLRB) is overly broad, but a recent decision by a federal appellate court in Richmond, Virginia adopts the most expansive...more

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

by Foley & Lardner LLP on

It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts....more

Desco Industries Will Pay $45,000 to Settle EEOC Retaliation Lawsuit

Manufacturer Terminated Employee for Complaining About Race Discrimination, Federal Agency Charged - CHARLOTTE, N.C. - Desco Industries, Inc., a California corporation doing business in Sanford, N.C., will pay $45,000 to...more

Employer Defeats Novel TCPA Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a...more

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

by Seyfarth Shaw LLP on

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

Employer Liability for Injuries Sustained by Temporary Agency Workers

The use of temporary employees provided by agencies that supply laborers, secretaries, nurses or other skilled or unskilled workers to the public and private sector is increasing. Employers who use these temporary agency...more

321 Results
|
View per page
Page: of 13
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.