Benefit of Counsel

2209, 2020

Last in Line

By |September 22nd, 2020|

The pandemic-induced economic downturn has caused many staffing firms to wrestle with sharp sales declines, tough personnel decisions and fixed overhead. More financial challenges are looming, because even if the overall economy recovers, we can expect many staffing customers to go bankrupt in the coming months. Their businesses may be sound, but their own customers […]

2107, 2020

We Are Open

By |July 21st, 2020|

With the exception of a couple hotspots, most of the nation has reopened to some extent. Now come the many logistical and other decisions business leaders must make. Minimizing risk from potential lawsuits needs to be an important part of this process, for small mistakes now can be costly down the road. Here are some […]

1905, 2020

Debunking the Myth

By |May 19th, 2020|

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, […]

2303, 2020

The New Threshold

By |March 23rd, 2020|

A years-long tug-of-war over Fair Labor Standards Act (FLSA) rules for paying overtime has landed in the proverbial middle mud hole, with new rules effective Jan. 1 creating legal pitfalls for unwary staffing firms.

The new rule increases the minimum salary required to qualify as exempt from overtime under the FLSA’s white-collar exemptions (executive, administrative, and […]

1902, 2020

Mixed Blessing

By |February 19th, 2020|

With the passage of AB 5, California codified the 2018 California Supreme Court Dynamex decision, which established dramatically stricter criteria that a business needs to prove to maintain a worker as an independent contractor.

The first major change AB 5 brings is that it assumes workers are employees. A worker can only be classified as an […]

1811, 2019

Limit Your Costs

By |November 18th, 2019|

Many staffing firms hire outside lawyers for litigation and other matters. What you pay for the lawyers you choose depends on how well you negotiate.

Law firms use engagement letter contracts to document fees and other aspects of the attorney-client relationship, but those mainly protect the law firm’s interests. To limit your costs, you should assertively […]

2409, 2019

Category Contention

By |September 24th, 2019|

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 […]

2307, 2019

Benefit of Counsel: Closing Channels

By |July 23rd, 2019|

With a record-low unemployment rate and a continued skills shortage, US employers are having to increasingly rely on the global talent pool to fill highly skilled positions. US universities and the contingent workforce have historically provided a steady pipeline of highly skilled workers to meet employers’ needs. However, since President Trump’s April 2017 Buy American […]

2005, 2019

Benefit of Counsel: The Cannabis Conundrum

By |May 20th, 2019|

At the time of this writing, 33 states and the District of Columbia have legalized the medical use of marijuana, and 10 of those states plus DC have passed laws decriminalizing recreational use. This creates myriad challenges for employers, especially when facing an already-shrinking talent pool.

Complex intersection. For employers and recruiters, the issue is further […]

2503, 2019

Conflicting Obligations

By |March 25th, 2019|

Companies use temporary staffing support for a variety of reasons, whether it’s scaling their skilled and unskilled workforce or recruiting top talent with niche skill sets. Temporary workers often work for unspecified durations dictated by the business needs of the staffing client, but sometimes clients choose to convert a temporary assignment into a traditional employee […]