Temporary Employees

News & Analysis as of

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

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

Doing Business in Canada: Immigration Restrictions

IMMIGRATION RESTRICTIONS - This section provides a general overview of immigration solutions for foreigners entering Canada as business visitors or temporary workers, including basic information about the visa...more

How to Change Status from Temporary Work Visa to Employment Green Card

Foreign nationals often come into the U.S. under a work visa anticipating that their stay will be temporary. After working in the U.S. for a period of time, however, the individual may wish to make his or her immigration...more

Summer Hires

This summer it’s expected that temporary workers will fill roughly 10,000 summer jobs, many of which will be in the hospitality industry. Before filling any of your seasonal positions, it’s worth reviewing a few cautionary...more

Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

The Issue: Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations. Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to...more

Supreme Court To Decide Whether Employers Must Pay Workers for Security Checks

The U.S. Supreme Court recently agreed to hear a case brought by a group of temporary warehouse employees seeking pay for time spent going through mandatory security checks at the end of their work shifts. The workers are...more

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know [Video]

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

OSHA and Temporary Workers

For a variety of reasons, both economic and non-economic, employers have relied more and more heavily on independent contractors and temporary workers. Temporary workers being employees of temporary agencies, staffing...more

Vicarous Liability Limitations for Actions Outside Scope of Employment of Temporary Worker

Sara Montague, et al. v. AMN Healthcare, Inc. - Court of Appeal, Fourth Appellate District (February 21, 2014) - Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its...more

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