Temporary Employees

News & Analysis as of

To Be or Not To Be (an Employer) [Video]

Presented by J. Travis Hockaday and Megan P. Black Regulators from a wide variety of government agencies continue to scrutinize relationships between businesses and the people and entities that provide services to them in...more

I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors Four things to do now to minimize risk

Many of our clients rely on temporary labor solutions and outsourcing of certain functions to contractors to make their businesses work. While these workers are not your direct employees, their presence on your site doing...more

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

Manufacturers and Temporary Workers

On April 29, 2013, the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its temporary worker initiative. OSHA contends that temporary workers encounter an increased risk of...more

Venezuelan Employers Must Immediately Put Outsourced Employees on Payroll

The grace period for implementation has expired. Venezuelan employers were required to incorporate outsourced employees into their payroll as of May 7 to meet the deadline for the 2012 Organic Law of Labor and Workers...more

Source One Staffing to Pay $800,000 to Settle Multiple EEOC Discrimination Claims

Among Many Violations, Chicago-Area Staffing Company Assigned Temporary Employees To Clients on the Basis of Sex, Federal Agency Charged - CHICAGO - A Chicago-area staffing agency will pay $800,000 under a consent...more

Proposed Regulations Shed Light on Unanswered Massachusetts Sick Leave Questions

On November 4, 2014, Massachusetts voters approved a ballot question that requires all private-sector employers to provide employees with up to 40 hours of sick leave per calendar year....more

Employment Law Commentary - Volume 27, Issue 4: Mitigating Risks To Maximize The Advantages Of Your Contingent Workforce

The “traditional” workplace as we once knew it is changing, and a key component of this evolution is the rise of the contingent workforce. Companies are continuously seeking innovative ways to cut costs, increase efficiency,...more

Looking At Those Amazon Non-Competes From A Kentucky Perspective, P.2

In our last post, we began looking at a non-compete agreement Amazon has been imposing on warehouse workers, even temporary workers. We’ve specifically been looking at how the agreements might fare under Kentucky law. ...more

Should These Non-Compete Agreements Be Enforced?

In our last couple posts, we’ve been speaking about non-compete agreements and the way they are evaluated by courts in the state of Kentucky. Given all that we have discussed, it is interesting to look at the way a massive...more

Temporary workers at higher risk for injury

Temporary workers are an important part of many industries in America. This sort of work can be valuable for employees and families in financial need, but an Illinois workers’ comp attorney is also aware that it can bring a...more

USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking...

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, pursuant to a published regulation that will be effective May 26, 2015, the Department of Homeland Security (DHS) is extending...more

H-1B Season Is Fast Approaching

Employers are reminded that, beginning April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or...more

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

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment...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

Better Warn Santa’s Elves—US Supreme Court Rules that Amazon Does Not Have to Pay Workers to Stand in Security Line at the End of...

Yesterday, the U.S. Supreme Court unanimously held that Amazon does not have to pay its temporary warehouse workers for the time that they spend waiting in line to go through security checks as they leave the facilities. The...more

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

The Liability Risks of Temporary Employees

I understand from my conversations with manufacturing executives that many companies need to use staffing agencies in order to locate skilled workers. In most cases, companies will hire the temps that work out after a trial...more

OSHA Emphasizes Employer Safety Obligations to Temporary Employees

Last month, the federal Occupational Safety and Health Administration issued a policy memorandum intended to set forth safety compliance obligations for temporary employment agencies and the companies using their labor...more

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has...more

OSHA Issues Policy Background on the Temporary Worker Initiative

On July 15, 2014, the Occupational Safety and Health Administration (“OSHA”) issued a policy memorandum to its Regional Administrators, explaining in greater detail the agency’s Temporary Worker Initiative (“TWI”). The TWI,...more

NLRB Lawyers Declare Franchisor to be Joint Employer

Last week, the National Labor Relations Board’s general counsel announced its position that McDonald’s Corporation can be considered a joint employer with its franchisees for purposes of unfair labor practice claims. This...more

The Potential Impact of the NLRB’s Position that McDonald’s and its Franchisees are “Joint Employers”

The National Labor Relations Board created a stir last week when it announced that it intends to hold McDonald’s USA responsible for its franchisees’ violations of employment law. The announcement has created concern and...more

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