#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
To Be or Not To Be (an Employer)
Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
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
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
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
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
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
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
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
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 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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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