News & Analysis as of

Staffing Agencies Employment Litigation Employer Liability Issues

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

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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

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

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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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

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

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

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

Littler

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

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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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

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

Troutman Pepper Locke

Illinois AG Settles Investigation Into Company’s Payment Practices for $950K

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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

CDF Labor Law LLP

A Win for Staffing Agencies in California

CDF Labor Law LLP on

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

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

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

Dorsey & Whitney LLP

The CA Supreme Court - July 1, 2022

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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

Fisher Phillips

Flash Survey Reveals: West Coast Workplace Litigation Explosion May Soon Spread Across Country

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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

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

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more

FordHarrison

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

FordHarrison on

Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more

Sheppard Mullin Richter & Hampton LLP

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

Seyfarth Shaw LLP

Staffing Agency Class Settlement Bars Subsequent Case Against Agency’s Client

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Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more

Seyfarth Shaw LLP

Client’s Meal Period Failure Doesn’t Result In Staffing Agency Liability

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has published an important decision clarifying the employer duty to provide meal periods and the respective responsibilities of staffing agencies and the client companies they...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

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Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

U.S. Equal Employment Opportunity Commission...

KB Staffing Settles Disability Discrimination Suit

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

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