News & Analysis as of

Temporary Employees Hiring & Firing

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

by Littler on

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more

Medical exam results and tasks actually performed

by McAfee & Taft on

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more

Temporary Employment Services - new ruling

by Hogan Lovells on

The Labour Appeal Court has set aside the judgment of Brassey AJ in the matter of Assign Services and NUMSA on 10 July 2017. The case dealt with the relationship that has been created by the amendments to the LRA in...more

The end of an era

by Hogan Lovells on

Is labour broking in the South African Workplace at the tail end (in relation to employees who earn below the current threshold of ZAR205 433.30)? This article summarises the current legal position and the likely road...more

French Employment Law Reforms Awaited Under Macron’s Presidency

by Seyfarth Shaw LLP on

Seyfarth Synopsis: French Employers should brace themselves for changes in the employment and labour law arena. However at this stage nothing is set in stone, and any reforms may be slow in coming. As France does not have...more

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

NYC Mayor Signs Into Law Suite of Retail and Fast Food Employee Protections

On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws...more

Businesses Need To Keep Rewriting Rules To Keep Pace With Rapid Changes

by Fisher Phillips on

A recent article citing the 2017 Deloitte Global Human Capital Trends report notes that “the accelerating rate of change in business, the economy, and society challenges both business and HR to adopt new rules for leading,...more

Five things employers need to know in terminating temporary foreign workers

by DLA Piper on

Although it is well established that employers owe temporary foreign workers the same obligations as those owed to Canadian citizens and permanent residents, employers often struggle with understanding the particular...more

EEOC Files Religious Discrimination Lawsuit Against Akebono Brake Corporation

Company Refused to Hire Woman as Temp Worker Because Her Religion Forbade Her to Wear Trousers, Federal Agency Charges - COLUMBIA, S.C. - Akebono Brake Corporation, a Michigan-based company that designs and manufactures...more

Agency personnel in the healthcare sector: who is the real employer?

by Dentons on

In recent years, the Québec Tribunal administratif du travail (the “TAT”) (formerly the Commission des relations du travail) has frequently been called on to address the legal implications involved in the hiring of temporary...more

New Restrictions for Temporary Agency Work in Germany in 2017

On October 21, 2016, the German Parliament adopted the draft law regarding the reform of the German Act on Temporary Agency Work (Arbeitnehmerüberlassungsgesetz – AÜG). The reform will come into force as planned on April 1,...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

by Littler on

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

by Littler on

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

New Mexico Orthopaedics Associates to Pay $165,000 to Settle EEOC Associational Disability Bias Charge

Company Fired Temporary Agency Staff Member and Failed to Hire Her for Full-Time Position Because of Association With a Child With Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - New Mexico Orthopaedics...more

Endlich endgu¨ltig: Gesetzesentwurf der Bundesregierung zur Änderung des AÜG – Wichtigste Praxisfolgen

by Latham & Watkins LLP on

Nachdem Bundesarbeitsministerin Nahles am 16.11.2015 den ersten Referentenentwurf eines Gesetzes zur Änderung des Arbeitnehmeru¨berlassungsgesetzes („AÜG“) und anderer Gesetze vorgelegt und diesen nach starker Kritik aus...more

Using Temp Agencies in Germany: New Restrictions for Companies

On June 1, 2016, the draft law regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been adopted by the Federal Cabinet. The German Bundestag will address the...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

German Coalition Leaders Agree on Reform of Temporary Agency Work Regulations

by K&L Gates LLP on

What has happened? - On May 10, 2016, the leaders of the German government coalition agreed on a reform of the German legislation dealing with temporary agency work. The agreement follows months of dispute between the...more

“Temporary Employees” in Germany Need to be Temporary Under New Draft Law

Draft legislation regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been introduced by Germany’s Federal Minister of Labor. Although further amendments to...more

Legal Considerations When Hiring Temporary Workers

by Pepper Hamilton LLP on

Companies must be alert to the legal issues surrounding this class of workers, particularly the liability that companies may face if a temporary worker brings a lawsuit. Originally published in The HR Specialist -...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

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

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