Temporary Employees

News & Analysis as of

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

Voting Rights

Who does it apply to: The Texas Election Code rules for employee voting rights and time off apply to all Texas employers. Can I do it myself: Who is protected: All employees, including temporary or seasonal workers, are...more

Amazon’s motion for summary judgment denied in FCRA class action suit

U.S. District Judge Gary Feinerman denied Amazon, Inc.’s (Amazon) motion for summary judgment on October 7, 2015, in Illinois federal court, in a class action case over alleged violations of the Fair Credit Reporting Act...more

Browning-Ferris: The NLRB Redefines Joint-Employer Status

On August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste...more

NLRB’s Joint Employer Decision Could Uproot Hotel Franchise Model

The National Labor Relations Board (NLRB) has likely thrown a mammoth monkey wrench in the traditional hotel franchisor/franchisee model. On August 27, 2015, in its highly controversial Browning-Ferris Industries of...more

Nursing Mother's USDOL Claim Settled

The U.S. Labor Department reports that a temporary-staffing employee has received $1,152 in back-wages and unspecified "other damages" for what it contended was a violation of the federal Fair Labor Standards Act's Section...more

Senate Panel Takes up Joint Employer Issue

A week after a House subcommittee held a hearing on the National Labor Relations Board's new joint employer standard, it was the Senate's turn to address the aftermath of the Board's Browning-Ferris decision. In...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

Is Your Company a Joint Employer?

Please see Chart below for more information. ...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

NLRB Announces New Joint Employer Standard

In July of last year, the National Labor Relations Board released an advice memorandum directing regional offices to treat the franchisors and franchisees of McDonald’s as joint employers in a series of unfair labor practice...more

National Labor Relations Board Decision Erases 30 Years of Joint Employment Precedent

The recent NLRB decision in Browning-Ferris Industries of California Inc. et al. v. Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, erased 30 years of precedent on joint employment. The...more

QSI Business Solutions, LLC Sued By EEOC For Pregnancy Discrimination

Company Violated Federal Law by Refusing to Hire Pregnant Employee, Federal Agency Charged - ATLANTA - QSI Business Solutions, a Dalton, Georgia, staffing and temporary employment agency, violated federal law by refusing...more

The NLRB’s New Joint Employer Standard Creates Confusion and Uncertainty for Employers

If you read one thing... - NLRB outlines new test for determining joint employer relationships though full extent of the implications remain unclear - Two businesses can be joint employers even where there is...more

Beyond the NLRB’s Browning-Ferris joint employer decision: what does it mean for franchising?

The new, expanded concept of “joint employer” is inexorably taking hold. Proponents of this new outlook are striving to apply it to franchising - part of a broader initiative to overcome the so-called “fissured employment”...more

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

A Radical Expansion of Joint Employer Liability

The National Labor Relations Board recently announced a significant change in the standard under which companies may be deemed "joint employers." Absent intervening action by the courts or Congress, the Board's decision in...more

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