Temporary Employees

News & Analysis as of

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

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

Germany: New Legislation Adjusts Temporary Employment and Contracts for Work and Labour

On 16 November 2015, Germany's Federal Minister of Labour introduced draft legislation to reform temporary employment and contracts for work and labour.  The planned modifications intend to focus on the core function of...more

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

The Third Circuit issued a decision last week holding that a temporary worker at a staffing agency can proceed with discrimination claims against the agency’s client to which he was assigned. In Faush v. Tuesday Morning,...more

Employers Face Exposure Under Title VII When Contracting For Temporary Workers

On November 18, 2015, the United States Court of Appeals for the Third Circuit allowed an employee of a temporary staffing agency to proceed with employment discrimination claims against a company to which the staffing agency...more

Third Circuit Rules that Temporary Worker Assigned by Staffing Agency Can Bring Race Discrimination Claim Against Company Where He...

The Third Circuit’s decision should cause companies to review their relationships with temporary workers, assess the risk of their being viewed as joint employers and, if appropriate, restructure the relationships to minimize...more

Common-Law Employee, But No Contract

In Faush v. Tuesday Morning, Inc., No. 14-1452 (3d Cir. November 18, 2015), the court addressed race discrimination claims brought by a former temporary worker against the company he was assigned to assist. The plaintiff...more

Zum Referentenentwurf eines Gesetzes zur Änderung des Arbeitnehmeru¨berlassungsgesetzes und anderer Gesetze vom 16.11.2015

I. EINLEITUNG - Der flexible Einsatz von Fremdpersonal mittels Arbeitnehmeru¨berlassung und Werkverträgen ist zwar als notwendiges Instrument in einer arbeitsteiligen Wirtschaft anerkannt, begegnet jedoch seit Jahren...more

Third Circuit Holds That Jury Must Decide If Temporary Workers Are Employees Under Anti-Discrimination Laws

Last week, the United States Third Circuit Court of Appeals reversed a trial court’s grant of summary judgment to retailer Tuesday Morning, Inc. in the case of Faush v. Tuesday Morning, Inc. In that case, Matthew Faush, a...more

Company May Be Liable for Temporary Worker’s Discrimination Claims

A recent decision by the U.S. Court of Appeals for the Third Circuit, Faush v. Tuesday Morning, Inc., is a reminder that companies that utilize employees of staffing companies are not insulated from employment law claims. In...more

Gesetzentwurf sieht Höchstüberlassungsdauer von 18 Monaten für Leiharbeitnehmer vor

Der Gesetzesentwurf, der heute der deutschen Presseagentur präsentiert wurde, ist noch nicht veröffentlicht. Nach übereinstimmenden Pressemeldungen sieht der Entwurf von Bundessozialministerin Andrea Nahles vor, dass für...more

Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Strategies to Cope with New NLRB Joint Employer Ruling

On August 27, 2015 the NLRB expanded its joint-employer test, which union supporters hope will apply to franchising. See January 2015 WaronFranchising.com blog entry for background. In a 3-2 decision on partisan lines, the...more

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