News & Analysis as of

Labor Contractor

Mongolia Amends its Labour Law

by Hogan Lovells on

The Parliament of Mongolia adopted the Amendment Law ("Amendment") to the Law of Mongolia on Labour ("Labour Law") on 21 April 2015.  The amended law has now been published in the State Gazette, bringing it into force....more

3 Things To Know About New Calif. Labor Trafficking Law

by WilmerHale on

California is the leading destination in the country for temporary foreign workers, and one of the nation’s top four destination states for trafficking in persons. Temporary foreign workers are often recruited by foreign...more

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

by Littler on

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices,...more

August 2015 Immigration Alert

by Epstein Becker & Green on

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

by Snell & Wilmer on

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

This Is NOT A Long-Lost Episode Of Monty Python, But It Could Be: English Vicar’s Wrongful Termination Claim Is Thrown Out After...

by Ervin Cohen & Jessup LLP on

Reverend Mark Sharpe filed a claim of wrongful termination (or “unfair dismissal”, as they call it in England) against his employer after being forced out by purportedly having his tires slashed, his post tampered with and...more

Customer Liability Under The Minimum Wage Act: Recommendations For Reducing Liability Risks

by Allen & Overy LLP on

Since the start of the year, companies have been grappling with letters from their clients (customers), in which these customers are demanding compliance with the Minimum Wage Act (MiLoG), referencing their own potential...more

Labor Contractors Can Make Dangerous Bedfellows: Part I

by Fisher Phillips on

According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to...more

New Law Targets Employers Who Contract for Labor

by Ervin Cohen & Jessup LLP on

Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more

You’ve Just Become Your Brother’s Keeper - Construction Practice Newsletter

On September 28, 2014, the Governor signed AB 1897, which imposes on employers who obtain or are provided workers to perform labor within the employer’s usual course of business from a labor contractor (referred to as a...more

Feds Fast-Forward "Fissured" Focus

by Foley & Lardner LLP on

As David Weil, the still relatively new United States Department of Labor (DOL) Wage and Hour Administrator describes it, an industry is “fissured” when large companies no longer directly employ the workers that produce their...more

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

by Pepper Hamilton LLP on

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

"Possible Expansion of Joint Employer Status Would Impact Businesses With Contracted Workers"

As businesses are increasingly using labor contractors and staffing agencies to supply workers, the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) are seeking to expand the...more

Your “Independent Contractor” Clause Just Got a Little Less Relevant

Construction projects are complex, multi-partied, multi-disciplinary endeavors, in which subcontracting all or a portion of the work to be performed is not uncommon. When subcontracting work, parties usually make it...more

California Employers Should be Prepared to Comply with California's Law Making Companies Liable for Staffing Company/Labor...

by FordHarrison on

Employers in California should be prepared to comply with the requirements of Assembly Bill No. 1897, which, as discussed in our prior alert, increases liability for most companies who use contract labor for their operations....more

AB 1897: California’s New Labor Contracting and Client Liability Law

by Stoel Rives LLP on

California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting. Current California law prohibits employers from entering into labor or services...more

New Law Makes It Easier to Pursue Claims Against Employers that Use Contracted or Leased Employees

The California Legislature recently passed AB 1897, effective January 1, 2015, which adds Section 2810.3 to the Labor Code. This new law makes “client employers” jointly liable with “labor contractors” for the payment of...more

New Law Makes California Businesses Liable to Workers Supplied by Labor Contractors

by Davis Wright Tremaine LLP on

Effective Jan. 1, 2015, businesses will be directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or...more

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more

California Companies Liable for Subcontractor Wage Violations Beginning 2015

by Perkins Coie on

Companies that rely on labor provided by third-party contractors may be held jointly liable for wages owed to the contractor’s workers under a new California law that goes into effect on January 1, 2015. The legislation...more

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