Temporary Employees

News & Analysis as of

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

You’re Known By The Company You Keep: Leased Employees

All too often, business executives assume that “leased employees” (i.e., workers hired through a professional employee organization; through a temp agency or labor broker; or provided by a contractor but performing on...more

Temporary vs. Indefinite – Lodging Expenses Away From Home

A taxpayer who travels away from his tax home overnight on business can deduct 50% of meals and 100% of lodging costs. A taxpayer’s “tax home” is located at (1) his regular or principal (if more than one regular) place of...more

Global HR Hot Topic—January 2014: Employment Contracts Outside the United States

A Field Guide to Overseas Collective, Individual, Indefinite, Fixed-Term and Probationary Work Agreements - When a US organization sets out abroad and signs up staff overseas, the first obstacle it hits is deciding...more

Germany: A “Permanent Temp Worker” is not the Lessee’s Employee

In Germany, many companies have resorted to utilizing temp workers through a third-party agency instead of hiring their own personnel. Temp workers typically are leased from an agency that employs the temps and assigns them...more

International Employment Law Developments

In Germany, many companies have resorted to utilizing temp workers through a third-party agency instead of hiring their own personnel. Temp workers typically are leased from an agency that employs the temps and assigns them...more

Permanent Work Restrictions Aren't Always Permanent for Nevada Work Injuries

Here's an excellent question by someone posting a comment to my post about the difference between temporary light duty and permanent light duty - Do Permanent Work Restrictions (light duty) follow me once my case is...more

‘Tis The Season for Massachusetts’ Temporary Employees

The holiday shopping season is known for its long lines, steep sales and mall traffic jams, but it also prompts retailers and other businesses to hire a wave of temporary, seasonal employees to increase staffing levels during...more

Temporary Worker Visa Reforms and Expanded Enforcement Measures

In response to reports of alleged abuses of the H-1B (temporary specialty) and L (international transferee) visa categories, lawmakers in both the House and Senate appear to agree that major reform and increased enforcement...more

Something Borrowed, Something New, But IIGF Still Can’t Collect From Borrowing Employer’s Workers’ Comp Carrier

In Illinois Ins. Guaranty Fund v. Liberty Mutual Ins. Co., 2013 IL App (1st) 123345 (Nov. 12, 2013) the Illinois First District appellate court held that a borrowing employer’s workers’ compensation carrier is not required to...more

Chinese Labor Law in Reform: New Restrictions on Dispatched Worker Model

Multinational companies’ Chinese subsidiaries, known as foreign invested entities or “FIEs,” have two basic options when hiring employees. They can either hire them directly (“Employment Model”), or they can “lease” them from...more

Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When Hiring Seasonal Workers

As 2013 comes to an end, we will consider a number of issues that employers might be facing at the end of the year. In this blog series, we will cover topics such as seasonal hiring, religious discrimination claims stemming...more

Company not required to reinstate temporary employee after FMLA leave of absence where temp agency did not request that employee...

In Cuellar v. Keppel Amfels LLC, the Fifth Circuit Court of Appeals addressed the relatively novel issue of whether a company has an obligation to reinstate a temporary employee returning from FMLA-covered leave. Jessica...more

What To Expect From The NLRB In 2014

The NLRB is back in business. After several years in the weeds, there is now a fully constituted Board, a confirmed General Counsel and no questions as to the legitimacy of any appointments....more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

Giving Whistles to Guest Workers to Stop Workplace Abuse

Every year, tens of thousands of temporary H-2B workers travel to the United States with dreams of profitable employment that could lead to permanent residency. H-2B employees are temporary, foreign nonagricultural workers....more

Fifth Circuit Rules That Staffing Company Is Primarily Responsible For Ensuring Compliance With Temporary Employee's FMLA Rights

A recent court ruling by the federal Fifth Circuit Court of Appeals granted some protection to companies that hire temporary employees through a staffing agency. In the case, a temporary worker placed at a client site by a...more

Illinois Supreme Court to Debate Limits on Workers' Comp "Traveling Employee" Exception

The Illinois Supreme Court’s first term in Chicago ends tomorrow morning with a busy docket of five civil arguments: Venture-Newberg Perini Stone and Webster v. Illinois Workers’ Compensation Commission; Schultz v....more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Russia

Legislation - Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote...more

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

Healthcare Reform White Paper: Countdown To 2014

Although the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) is now over three years old, the Act’s core requirements will not take effect until 2014....more

Safety First—What OSHA’s Newest Interpretation Means for Employers of Temporary Workers

On April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum to regional administrators regarding the obligation of employers to protect temporary workers from...more

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