Staffing Agencies

News & Analysis as of

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

New Koosharem and Real Time Staffing to Pay $580,000 to Settle EEOC Racial Discrimination Suit

Companies Failed to Refer Applicants Based on Their Race/National Origin, Federal Agency Charged - MEMPHIS - Staffing companies New Koosharem Corporation and Real Time Staffing Corporation will pay $580,000 as part of...more

New “Stronger Workplaces” Act Increases Obligations for Ontario Employers

On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, received royal assent. This amends five employment and labour-related statutes in Ontario in an effort to protect employees. The effect...more

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more

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

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

California Employers Should be Prepared to Comply with California's Law Making Companies Liable for Staffing Company/Labor...

Employers in California should be prepared to comply with the requirements of Assembly Bill No. 1897, which, as discussed in our prior alert, increases liability for most companies who use contract labor for their operations....more

Despite settlement, EEOC continues and expands discrimination investigation

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 Roundup: October 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

AB 1897: California’s New Labor Contracting and Client Liability Law

California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting. Current California law prohibits employers from entering into labor or services...more

New Law Makes It Easier to Pursue Claims Against Employers that Use Contracted or Leased Employees

The California Legislature recently passed AB 1897, effective January 1, 2015, which adds Section 2810.3 to the Labor Code. This new law makes “client employers” jointly liable with “labor contractors” for the payment of...more

Shift Worker Rules Warrant Special Attention

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and...more

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation...

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

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