Temporary Employees

News & Analysis as of

New Rules Provide Relief from Canadian Withholding on Salary Paid to Cross-Border Employees

Proposed amendments to the Income Tax Act (Canada) (ITA) will provide relief from Canadian payroll withholdings for many non-resident employers whose employees work in Canada on a temporary or short-term basis....more

OSHA Releases Two More Temporary Worker Guidance Documents

Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for temporary employee’s safety and health in two new guidance documents...more

“Temporary Employees” in Germany Need to be Temporary Under New Draft Law

Draft legislation regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been introduced by Germany’s Federal Minister of Labor. Although further amendments to...more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

New California Regulations Continue to Challenge California Employers

New California Regulations Continue To Challenge California Employers - On April 1, 2016, California will enforce revised regulations designed to protect employees from illegal harassment, retaliation and discrimination....more

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...more

Germany Adopts EU’s Pension Directive, and May Place Burdens on Employers’ Use of Temporary Workers

Pension Law - On December 18, 2015, the German legislature approved a law that adopted the pension provisions of the EU Mobility Directive. The Directive was passed to enhance worker mobility between EU countries by...more

Changes to U.S. immigration regulations extends the "240-day rule" to persons with temporary H-1B1, E-3, and CW-1 work visas

The American Immigration Lawyers’ Association’s (AILA’s) Verification & Documentation Liaison Committee recently published information about changes to U.S. immigration regulations extending the “240-day rule” to persons with...more

USCIS Reminds Employers to Identify "Returning Workers" Exempt From Fiscal Year 2016 H-2B Visa Cap

On February 5, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) issued an alert reminding employers to identify “returning workers” when filing H-2B petitions for non-immigrant workers....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

Labor & Employment E-Note - January 2016

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more...more

What To Expect From OSHA In 2016 And Beyond …

The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will...more

DOL to Revive Survey to Assess Members of "Gig" Economy

The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. Estimates vary as to the number of workers in the so-called gig economy, but most...more

Burr Alert: The Board is Going to do What? A Look at the National Labor Relations Board: Could 2016 Bring Even More Change?

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. Just think, the Board has recently broken decades-old precedent in five different ways: 1) On December 11, 2014, the Board decided...more

Third Circuit Opens a New Avenue of Liability to Temporary Employees

When it comes to using temporary employees, the set-up is all too familiar. An employer engages a staffing firm, which hires, pays, and places temps to meet the employer’s needs. The employer’s costs are fixed and payable...more

DOJ States That Replacing U.S. Workers with Temporary Contract Workers May Constitute Unlawful Discrimination

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on replacing U.S. workers with temporary...more

A long time ago, in an on-demand world far, far away …

As this blog revels in the newest installment of the Star Wars saga, we remind you of our previous reports regarding an equally enthralling (to your humble bloggers, anyway) legal showdown: the legal issues swirling around...more

Dates are Important: Eleventh Circuit Says FMLA Leave is Unavailable after Temporary Job Ends

In an important decision for employers with temporary employees, the Eleventh Circuit recently held that the Family Medical Leave Act does not apply after an employer terminates the temporary employee. Janet Skotnicki, a...more

Construction Law Advisory - December 2015

Use of Drones Increasing in Construction Industry - Affordable and easy-to-fly, small unmanned aircraft systems (sUAS), commonly referred to as “drones,” now are widely available for consumer purchase and use. Companies...more

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and...more

Japan: Amendment to Worker Dispatch Act

Japan recently amended the Worker Dispatch Act, simplifying regulations governing temporary workers (“dispatch workers”).  Among other things, the amendment, which took effect September 30, 2015, loosened existing...more

Third Circuit Finds Host Company Subject to Title VII Discrimination Claims by Temp

Some employers prefer using temporary workers due to the added flexibility they provide in terms of filling roles not suited for permanent employees. However, some employers persist in believing that obtaining workers from a...more

Germany To Significantly Expand Protections for Temporary Workers

The German government’s plan to strengthen the rights of temporary workers could have far-reaching implications for companies that have any workers based in the country. The Federal Ministry for Labour and Social Affairs (the...more

Recent Third Circuit Decision Regarding Joint Employers Extends Liability for Violation of Title VII to the Clients of Staffing...

On November 18, 2015, the United States Court of Appeals for the Third Circuit issued a decision regarding joint employers that extends liability for violations of Title VII to the clients of staffing companies. In the case...more

Employment Law Navigator – Week in Review: November 30, 2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...more

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