Staffing Agencies

News & Analysis as of

EEOC Sues Automation Personnel Services, Inc. For Sex Discrimination

Staffing Agency Refused to Hire Qualified Applicant Because of Her Gender, Federal Agency Charges - BIRMINGHAM, Ala. - Automation Personnel Services, Inc., a Pelham, Ala.-based staffing agency, violated federal law by...more

As Affordable Care Act Enforcement Looms, Some Lessons Learned From Massachusetts

As the ACA audit era approaches, many employers are wondering: what will happen? What sorts of documentation will the IRS request? What industries will be targeted? And what can employers do to prepare? In this post, I...more

Using Temp Agencies in Germany: New Restrictions for Companies

On June 1, 2016, the draft law regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been adopted by the Federal Cabinet. The German Bundestag will address the...more

Two Hawk Employment Services To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Employee Not Hired Because of Illegal Inquiry About Medical Information, Federal Agency Charged - RALEIGH, N.C. - Two Hawk Employment Services, LLC, a Lumberton, N.C., temporary employment agency, will pay $30,000 and...more

EEOC Sues KB Staffing For Disability Discrimination

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health...more

Top 5 Provisions for Your Staffing Contracts

In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more

Non-Union Employee’s “Bad Attitude” Protected by the NLRA

As a reminder that non-union employees are also protected by the National Labor Relations Act (NLRA), the Seventh Circuit Court of Appeals in Chicago recently upheld a National Labor Relations Board (NLRB) decision holding...more

Newly Adopted Rules Clarify and Enforce New York City’s Earned Sick Time Act

New York City’s Department of Consumer Affairs (“DCA”), the agency tasked with enforcement of the City’s Earned Sick Time Act (“ESTA” or “Act”), published a notice of adoption of an amendment to Chapter 7 of Title 6 of the...more

Is Labor Law Putting the Franchise Business Model at Risk?

Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/enforcement guidance, how these agencies are changing their view of the...more

The Seventh Circuit Upholds the Breadth of an EEOC Subpoena Seeking Staffing Company’s Client Information

Earlier this month, the US Court of Appeals for the Seventh Circuit found that the EEOC was within its investigatory powers to administratively subpoena broad information about a staffing agency’s clients even though it was...more

Department of Labor Issues Guidance on Joint Employment Under the FLSA and the MSPA

The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more

Human Trafficking and the Joint Employer Standard: Traps for the Unwary

Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a...more

Just When Employers Got Used to Earned Sick Time Act, NYC Publishes Final Amended Sick Time Rules With Additional Requirements

That’s right. Just when many employers started getting used to New York City’s Earned Sick Time Act (“ESTA”), New York City went ahead and adopted the final amended Earned Sick Time Act Rules (“Final Amended ESTA Rules”). The...more

February 2016 Independent Contractor Compliance and Misclassification News Update

In February 2016, two federal appellate courts ruled in favor of companies in IC misclassification cases: one where the NLRB was reversed in a decision where the agency had found stagehands to be employees and not ICs; the...more

New DOL Joint Employment Standards Affect Auto Employers

Joint employer relationships are commonplace in the automotive industry. From auto makers that contract with other companies for parts to auto dealers that utilize franchise arrangements, the auto industry is reliant on joint...more

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

Do Your Employees and Construction Laborers Belong to You? Depends.

When walking through the mall or the grocery store with my children, I inevitably get asked, “Are they all yours?” Depending on my mood, I may or may not claim them all. As a general contractor, you will want to know the...more

Proposed Regulations Issued by the New York City Commission on Human Rights Clarify and Expand the Citywide "Ban-the-Box" Law

New York City’s Fair Chance Act (FCA), which became effective on October 27, 2015, imposes obligations on covered employers and employment agencies well beyond all other "ban-the-box" laws.  On November 5, 2015, the New York...more

If Pain, Yes Gain -- Part XVII: NYC Publishes Final Amended Sick Time Rules

After months of anticipation, New York City has adopted the final amended Earned Sick Time Act Rules (the “final amended Rules”). The final amended Rules largely substantiate the requirements and compliance burdens on...more

Labor & Employment Advisory: New Department of Labor Guidance Continues Assault on Definition of Joint Employer

The Wage & Hour Division (WHD) of the U.S. Department of Labor (DOL) issued new guidance in January that could substantially impact the business models and potential liabilities for any employer that regularly contracts with...more

The Complex World of Joint Employment

Here’s Wikipedia’s definition of joint employment: Joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities....more

Legal Considerations When Hiring Temporary Workers

Companies must be alert to the legal issues surrounding this class of workers, particularly the liability that companies may face if a temporary worker brings a lawsuit. Originally published in The HR Specialist -...more

Department of Labor Announces Broad Interpretation of Joint Employment

The U.S. Department of Labor, Wage & Hour Division (DOL) issued guidance from its administrator in late January, espousing a broad view of joint employment under the Fair Labor Standards Act (FLSA). The guidance, issued in...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Staffing Firms, Educational Organizations, and Breaks-in-Service under the Affordable Care Act Employer Shared Responsibility...

In Q&A format, recently issued Notice 2015-87 addresses a number of pressing issues that have arisen under the Affordable Care Act (ACA), including that law’s employer shared responsibility rules, information reporting...more

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