News & Analysis as of

Wage and Hour Employer Liability Issues Staffing Agencies

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Fisher Phillips

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

Fisher Phillips on

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

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on

Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Epstein Becker & Green

Reminder for New Jersey Employers: Review Employment Law Updates and Poster Requirements for 2024

Last year, New Jersey continued its expansion of workplace legislation with potentially far-reaching consequences for the state’s employers. By way of highlight and summary, New Jersey’s 2023 employment-related measures...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

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

BakerHostetler

New Jersey Companies Beware: New Requirements for Temporary Workers

BakerHostetler on

New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more

FordHarrison

New Jersey Issues New Proposed Regulations on the Temporary Workers Bill of Rights for Comment

FordHarrison on

On July 21, 2023, the New Jersey Department of Labor and Workforce Development posted on its website proposed regulations to implement the New Jersey Temporary Workers Bill of Rights.  Public comments on the proposal will be...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Friendly Employee Pastures in the Garden State: NJ Enacts Temporary Workers’ Bill of Rights Law

New Jersey Governor Phil Murphy recently signed into law the “Temporary Workers’ Bill of Rights” (the “Law”), which provides significant rights and protections for temporary workers, and imposes burdensome obligations on the...more

Troutman Pepper Locke

New Jersey Enacts “Temporary Workers’ Bill of Rights”

Troutman Pepper Locke on

Q. Do temporary workers have workplace protections in New Jersey? A. Yes. On February 6, New Jersey Governor Phil Murphy signed Assembly Bill No. A1474 / S511 (also known as the Temporary Workers’ Bill of Rights). The...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

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

Polsinelli

Misclassification Concerns in Staffing Relationships

Polsinelli on

Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

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

Denver Auditor’s Office Adopts New Civil Wage Theft Rules

In January 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that provided new avenues for workers in the City and County of Denver to pursue claims for wage theft....more

Epstein Becker & Green

New Jersey Enacts a Temporary Workers’ Bill of Rights

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New Jersey has joined other states, including California, Illinois, and Massachusetts, in enacting statewide temporary worker protection legislation....more

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