News & Analysis as of

Joint Employers Temporary Employees Staffing Agencies

Parker Poe Adams & Bernstein LLP

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more

Epstein Becker & Green

Employers in California: Don’t Forget That “Joint Employers” Are Not Vicariously Liable for Each Other’s Conduct

The Serrano/Ducksworth defense. If you know what I’m referring to, you don’t need to read any further.  But if you don’t, well, please read on....more

Jackson Lewis P.C.

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

Jackson Lewis P.C. on

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other...more

Epstein Becker & Green

New Jersey Department of Labor Proposed Regulations Clarify Requirement That Temporary Workers Be Paid the Same as Clients’...

Epstein Becker & Green on

Earlier this year, on February 6, 2023, the New Jersey Governor signed the Temporary Workers’ Bill of Rights into law. On August 21, 2023, the New Jersey Department of Labor and Workforce Development (NJDOL) Division of...more

Clark Hill PLC

Have You Unknowingly Become a Joint Employer? The Potential Perils of Using Temporary Workers in the Automotive and Manufacturing...

Clark Hill PLC on

For years, companies in the automotive and manufacturing industries have utilized temporary workers as a means of supplementing their regular workforce, particularly with regard to hourly staff. One of the primary reasons...more

FordHarrison

New Jersey's Temporary Workers' Bill of Rights is First in the Nation to Require Equal Pay for Temporary Workers

FordHarrison on

On February 6, 2023, New Jersey Governor Phil Murphy signed into law the “Temporary Workers’ Bill of Rights.” This new law, the most expansive of its kind in the nation, provides “temporary workers” with new rights and...more

Nelson Mullins Riley & Scarborough LLP

Recent New Jersey Law Places Temporary Employers Under Regulatory Scrutiny

On February 6, 2023, New Jersey’s Governor Phil Murphy signed the Temporary Laborers’ Bill of Rights into law, which will impact over 127,000 temporary workers in the state as well as their employers.  Most provisions of this...more

BakerHostetler

Ten Things That Should Be in Your Staffing Agency Agreements But Probably Aren’t

BakerHostetler on

Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You...more

Seyfarth Shaw LLP

Months-Long Saga Ends as NJ Governor Murphy Signs First-of-its-Kind Temporary Worker Bill Into Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: NJ Governor Phil Murphy signed a bill coined the “Temp Worker Bill of Rights” into law. The Law gives temporary workers the right to certain information in their native language, including where they will...more

Littler

We The Temp Workers: New Jersey Enacts “Temporary Workers’ Bill of Rights”

Littler on

On February 6, 2023, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A1474 / S511, commonly known as the “Temporary Workers’ Bill of Rights” (the “Bill of Rights”), which establishes numerous labor and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Examining Joint-Employer Liability for Texas Workers’ Compensation Retaliation Claims

​​​​​​​The question of who provides workers’ compensation insurance in employer–staffing company relationships is handled in different ways. Frequently, the staffing company will provide workers’ compensation coverage for all...more

Seyfarth Shaw LLP

OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a...more

Jackson Lewis P.C.

What A Return To Earlier Definitions Of Joint Employer Means For Manufacturers, Temp Agencies

Jackson Lewis P.C. on

Joint-employer rules appear to be changing again, and this will create challenges for manufacturers. On July 29, 2021, the U.S. Department of Labor (DOL) rescinded an earlier version of the Joint Employer Final Rule...more

Stoel Rives - World of Employment

Temporary Workers in California After Sullivan, Ward, and Oman

The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a...more

Littler

Temporary Worker FFCRA Leave Rights and Joint Employer Challenges

Littler on

The tsunami of new employment laws and regulations in the last two months has challenged employers and human resources professionals, created a host of new employee rights, and caused many bouts of compliance head-scratching....more

Payne & Fears

Key California Employment Law Cases: October 2019

Payne & Fears on

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

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Chartwell Law

Who’s In & Who’s Out: Professional Employer Organizations and New York Workers’ Compensation

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With a growing demand for skilled workers and the rising cost of overhead, many companies are turning to Professional Employer Organizations (PEOs), to meet their human resources needs. A PEO, generally speaking, is an entity...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

Payne & Fears

Key California Employment Law Cases: March 2018

Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Foley & Lardner LLP

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

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

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

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

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