The Chartwell Chronicles: Case Law Update
Key Workforce Trends That Shaped 2022 - And What They Mean for 2023
#WorkforceWednesday: Labor Market Imbalance, Return to Work, OSHA Enforcement Guidance - Employment Law This Week®
To Be or Not To Be (an Employer)
Companies often must determine whether to treat workers as employees or independent contractors. Workers who are properly classified as independent contractors are not subject to wage and hour laws requiring overtime pay or...more
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more
In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more
In April 2025, a Nevada federal jury convicted Eduardo Lopez, a home healthcare staffing executive, for fixing the wages of home health nurses. The conviction marks the Department of Justice Antitrust Division’s (DOJ) first...more
On Monday, April 14, 2025, a federal jury convicted Eduardo “Eddie” Lopez of conspiring to fix the wages for home healthcare nurses in Las Vegas and for fraudulently failing to disclose the criminal antitrust investigation...more
At the request of the Oslo District Court, the European Free Trade Association Court has issued an advisory opinion on the interpretation of the European Economic Area Agreement as it relates to freedom to provide staffing...more
Federal Agency Charged Employee Was Forced to Resign After She Was Told to Not Hire Women, Blacks and Older Workers for Construction Industry Jobs - MINNEAPOLIS – TKO Construction Services, a staffing company that provides...more
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
As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more
On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption....more
In 2023, we reported on the enactment of the Temporary Workers’ Bill of Rights (the “Act”) and subsequent regulations by the New Jersey Department of Labor (“DOL”)....more
On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more
On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more
In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more
In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
On July 6, Illinois Attorney General Kwame Raoul announced a $950,000 settlement concerning the Illinois Wage Payments and Collection Act, marking the conclusion of an investigation into GrapeTree Medical Staffing...more
A key issue that staffing agencies often face in litigation is whether the end of a temporary work assignment constitutes a “discharge” of the employee’s employment with the staffing agency. In a favorable ruling for staffing...more
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
On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more
Grande v. Eisenhower Medical Center, No. S261247: In this case, a staffing agency arranged for a nurse to work at a hospital. The nurse sued the staffing agency for violating the Labor Code and Unfair Competition Law but did...more
West coast employers have been dealing with a new era of workplace litigation since the start of the pandemic, one that features increased claims, higher settlement demands, and more aggressive plaintiffs’ counsel – and if...more
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more
Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in...more
The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However,...more