News & Analysis as of

Temporary Employees Hiring & Firing Joint Employers

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Haight Brown & Bonesteel LLP

Further Clarification of the Employment Relationship for Temporary and Loaned Employees

In the context of employment litigation, determining whether an employer-employee relationship actually exists between the plaintiff and defendant employer is a common and critical issue. The question becomes more complex...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Akerman LLP - HR Defense

Reducing Risks Associated With Temporary Staffing Agencies

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Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more

Fisher Phillips

Temporary Staffing Does the Gig Thing

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When you think of the gig economy, many of us think of Uber, Task Rabbit, or some other gig shrouded in an entrepreneurial-type aspiration. You think of a person setting their own hours, working for themselves, maybe...more

Foley & Lardner LLP

The Use of Staffing Agencies Is About To Get More Expensive (and Risky) in Illinois

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As we have reported in the past, utilizing temporary staffing agencies to fill gaps in labor needs can be an efficient and economically beneficial way for companies to meet business demands. This is particularly true in...more

Constangy, Brooks, Smith & Prophete, LLP

“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

Hogan Lovells

Temporary Employment Services - new ruling

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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

McNees Wallace & Nurick LLC

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

Ballard Spahr LLP

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

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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

Sands Anderson PC

The Joint Employer Doctrine Strikes Again

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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

Cozen O'Connor

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

Cozen O'Connor on

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

Baker Donelson

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

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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

BakerHostetler

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

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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

Nexsen Pruet, PLLC

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

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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

Poyner Spruill LLP

Temps May Have Multiple Employers

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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

Parker Poe Adams & Bernstein LLP

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

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