News & Analysis as of

Temporary Employees

Working Wise: Navigating State and Local Paid Sick Leave Laws

by K&L Gates LLP on

In this episode, we discuss issues employers should be aware of regarding the ever-increasing number of state and local laws that require employers to provide paid sick leave....more

Employment Case Law Summaries and Articles - 2017

by Hogan Lovells on

We present some highlights of cases of practical relevance that came through our courts during 2017. How the City of Johannesburg fell from the fireman’s pole - Bekker CJ, Mohamed CJ and Zondo JP long observed that...more

Who Is The Employer Of a Staffing Agency Temp?

by Shipman & Goodwin LLP on

Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to...more

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive...

by Hinshaw & Culbertson LLP on

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more

Plastipak Packaging Will Pay $90,000 To Settle EEOC Retaliation Suit

Plastics Manufacturing Company Fired Materials Handler Because She Complained About Sexual Harassment, Federal Agency Charged - BALTIMORE - Plastipak Packaging, Inc. will pay $90,000 and furnish significant equitable...more

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Mass Dismissal Filings in Germany – Do Leased Employees (“Leiharbeitnehmer”) Count?

by Bryan Cave on

Collective redundancies and the complex issue of relevant dismissal thresholds for notification of the German Federal Employment Agency (“Bundesanstalt für Arbeit” or “the Agency”) were already addressed in an earlier June...more

Retaining Gig Workers During the Holidays

by Fisher Phillips on

The holiday season is here; the time for toys and time for cheer. While many will deck the halls with boughs of holly, others will take on extra work for extra cash. For years, retail jobs made up the lion’s share of holiday...more

Staffing Firms Benefit From Sixth Circuit Administrative Exemption Ruling

by Jackson Lewis P.C. on

Staffing firms may have something extra to be thankful for this holiday season: Finding that certain account managers exercised discretion and independent judgment when matching candidates with temporary positions, the Sixth...more

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

by Foley & Lardner LLP on

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

Illinois’s Responsible Job Creation Act Creates Additional Requirements for Staffing Agencies

Illinois’s Responsible Job Creation Act, which will become effective June 1, 2018, amends the Day and Temporary Labor Services Act with the goal of strengthening staffing industry regulation. There are around 800,000...more

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Vague, open-ended medical leave denied

by McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

Temps in Tenth Circuit Face Stricter Scrutiny When Seeking Time Off as Reasonable Accommodation

by Bryan Cave on

On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more

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

Who’s Responsible For Providing Disability-Related Workplace Accommodations To Temporary Employees?

by Jackson Lewis P.C. on

Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation? The staffing agency and the business could both be responsible if they...more

Request for Leave Not a Reasonable Accommodation for Temporary Employee

by McGuireWoods LLP on

In a decision with important ramifications for temporary staffing agencies and employers that use their services, the 10th U.S. Circuit Court of Appeals has held that the Americans With Disabilities Act (ADA) does not entitle...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

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

by DeWitt Law, LLC on

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for...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

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