Temporary Employees

News & Analysis as of

Co-worker’s racial statements may support discrimination claim

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

Joint Employer Rule: Is Guidance on the Way?

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since...more

Joint / Related / Common Employers: Are You at Risk

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will...more

Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more

EEOC Files Religious Discrimination Lawsuit Against Akebono Brake Corporation

Company Refused to Hire Woman as Temp Worker Because Her Religion Forbade Her to Wear Trousers, Federal Agency Charges - COLUMBIA, S.C. - Akebono Brake Corporation, a Michigan-based company that designs and manufactures...more

Agency personnel in the healthcare sector: who is the real employer?

In recent years, the Québec Tribunal administratif du travail (the “TAT”) (formerly the Commission des relations du travail) has frequently been called on to address the legal implications involved in the hiring of temporary...more

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

New Restrictions for Temporary Agency Work in Germany in 2017

On October 21, 2016, the German Parliament adopted the draft law regarding the reform of the German Act on Temporary Agency Work (Arbeitnehmerüberlassungsgesetz – AÜG). The reform will come into force as planned on April 1,...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

The EEOC Puts The Gig Economy In Its Crosshairs

This week, the EEOC published its Strategic Enforcement Plan for 2017-2021. As in past years, the EEOC details substantive area priorities – those “activities likely to have a strategic impact in advancing equal opportunity...more

Union Election Ordered After NLRB's Joint-Employer Ruling Regarding Construction Company And The Temporary Staffing Agency Which...

In a recent decision, the National Labor Relations Board (NLRB) followed its controversial August 2015 joint employer ruling known as Browning-Ferris, in which the NLRB expanded its standard on joint employers to include...more

Are You Liable for Your Temp’s Safety?

The Occupational Safety and Health Administration (OSHA) has released new guidelines emphasizing the requirement employers treat temporary workers the same as existing employees with respect to workplace safety. These...more

NLRB’s new ‘joint employer’ standard threatens business interests

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Employment Law and OSHA Concerns with Temps, Contractors, and Joint- and Multi- Employer Sites

Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more

The NLRB, Franchisees, And Temporary Employees

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

New Mexico Orthopaedics Associates to Pay $165,000 to Settle EEOC Associational Disability Bias Charge

Company Fired Temporary Agency Staff Member and Failed to Hire Her for Full-Time Position Because of Association With a Child With Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - New Mexico Orthopaedics...more

Resource for Companies Evaluating Compliance with New Overtime Laws

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

The NLRB Eases the Way for Temporary Employees to Unionize

On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

[Webinar] Is That My Employee? Multi-Employer, Joint-Employer, Independent Contractors and Temp Workers - August 16th, 1:00pm EDT

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more

Affordable Care Act Mid-Year Checkup: Count Your Contingent Workers

The ACA requires “applicable large employers” (those with 50 or more employees) to offer health coverage meeting affordability and other standards to their full-time employees. Failing to offer minimum essential coverage to...more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

233 Results
|
View per page
Page: of 10
JD Supra Readers' Choice 2016 Awards

"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 to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.
×