Temporary Employees Hiring & Firing

News & Analysis as of

German Coalition Leaders Agree on Reform of Temporary Agency Work Regulations

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

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

Japan: Amendment to Worker Dispatch Act

Japan recently amended the Worker Dispatch Act, simplifying regulations governing temporary workers (“dispatch workers”).  Among other things, the amendment, which took effect September 30, 2015, loosened existing...more

Employment Law Navigator – Week in Review: November 30, 2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...more

Germany: New Legislation Adjusts Temporary Employment and Contracts for Work and Labour

On 16 November 2015, Germany's Federal Minister of Labour introduced draft legislation to reform temporary employment and contracts for work and labour.  The planned modifications intend to focus on the core function of...more

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

The Third Circuit issued a decision last week holding that a temporary worker at a staffing agency can proceed with discrimination claims against the agency’s client to which he was assigned. In Faush v. Tuesday Morning,...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

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 Joint Employer Doctrine Strikes Again

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment...more

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

NLRB: When the Law is Not the Law – A Huge Change in Business Relationships

The National Labor Relations Board (NLRB) in a 3-2 decision last Thursday gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships in a case involving Browning-Ferris...more

Last Minute Write-Up Has Unintended Negative Legal Results

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that...more

Employment Appeal Tribunal confirms temporary agency workers’ right to information about permanent vacancies is limited

In Coles –v– Ministry of Defence, the Employment Appeal Tribunal (“EAT”) has confirmed that agency workers’ rights to be provided with information about permanent vacancies within the organisation in which they work is just...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Temps May Have Multiple Employers

The Fourth Circuit Court of Appeals recently ruled that a temporary agency employee could be deemed an employee of the customer company as well as the temporary agency. The Fourth Circuit adopted a hybrid test and set forth...more

EEOC Finds Sexual Orientation Discrimination Prohibited by Title VII

In a landmark ruling, the Equal Employment Opportunity Commission (EEOC) held that an employee alleging discrimination based on sexual orientation states a viable claim under Title VII of the Civil Rights Act of 1964. The...more

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more

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