Over the years, I have fielded a dizzying array of questions regarding term limits and their effectiveness in addressing co-employment issues. Co-employment describes the relationship among two or more organizations that exert some level of control over the same worker or group of workers. Co-employers often share some degree of liability for the shared employees, […]
As global competition and technological change progressively require more worker specialization and just-in-time delivery of highly specialized talent, the pressure on businesses to engage consultants on an independent or “gig” basis continues to grow, especially for high-end, knowledge-based consultants. And while some independent contractors would prefer to be employees, surveys suggest independents are the most […]
Nationwide, there are many protections for “whistleblowers” — individuals who report improper or unlawful practices within a company or to outside organizations, courts or government agencies — to ensure that these whistleblowers are not retaliated against, such as by demotion, harassment or firing. Those protections generally apply to staffing firms’ assigned workers, who usually have […]
Limiting assignment length — known as “term limits” — is widespread in the contingent workforce world. It is also widely misunderstood and misused as a means to mitigate co-employment risks. Generally, these policies provide a definite end date […]
One of the most important cases affecting the staffing industry in recent years is AT&T Mobility v. Concepcion, in which the U.S. Supreme Court held that arbitration agreements that bar class claims are valid — and that federal law preempts state laws that bar class action waiver agreements.
While the case itself involved a consumer […]
In recent months, workplace safety has become even more important, with the Occupational Safety and Health Administration (OSHA) issuing updated guidance specifically on the issue.
OSHA’s guidance reminds staffing firms and client companies that they should carefully consider who will be responsible for safety training […]
The most common rationale for conducting background checks is that employers and staffing agencies face liability if they do not. If a business engages someone who ends up harming someone else, the business faces potential liability. Liability depends on whether the business was […]
If a staffing firm obtains a background check on an employee or prospective employee, can that firm share the background check with its clients? The short answer is yes, within certain parameters.
To understand the caveats involved, you have to have some basic understanding of the public policy in this area.
The federal Fair Credit Reporting Act […]
