Legal

102, 2019

Benefit of Counsel: Hiring Bias?

By and |February 1st, 2019|

A federal judge in December 2018 held that an executive recruiter was not responsible for an employer’s decision to eliminate a female candidate from consideration — allegedly because of gender discrimination. Thus, the court ended a lawsuit against executive recruiting firm SSI Inc. and two of its former employees.

Ileana Simplicean was recruited by SSI to […]

1411, 2018

Benefit of Counsel: Pushing Back

By |November 14th, 2018|

Many staffing firms have experienced financial abuses inflicted on them by clients or VMS/MSP agents. Originally lifted from traditional purchasing contracts, these ideas are now widespread in staffing deals. The following are some of the worst financial abuses that you may encounter, along with nutshell summaries of how to fix them.

Stale invoice forfeitures. This clause […]

110, 2018

Benefit of Counsel: In Favour Of

By |October 1st, 2018|

New compliance requirements are often heralded as the dawn of a new era in which end clients would flock to the largest staffing companies because of their economies of scale and better compliance processes.

But when the dust settles, market newcomers end up outperforming their larger peers. Have users turned a blind eye to the new […]

110, 2018

Benefit of Counsel: Take Note

By |October 1st, 2018|

About a year ago, the #MeToo movement hit, and it’s still rare to turn on the television or pick up a newspaper without hearing or reading a segment on a high-profile professional accused of sexual harassment. As a result, states have begun to review and overhaul their related laws. Staffing firms across the country, and […]

2208, 2018

Benefit of Counsel: Measure Twice, Cut Once

By and |August 22nd, 2018|

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 […]

2407, 2018

Benefit of Counsel: Beware the No-Poaching Pact

By |July 24th, 2018|

The US Department of Justice has put all employers on notice: Agreements among competitors not to hire each other’s employees or otherwise limit wages or benefits — “anti-poaching agreements” — are not allowed. And as staffing professionals frequently engage with competitors in the normal course of business, the Department of Justice may hold staffing firms […]

106, 2018

Benefit of Counsel: Et Tu, Client?

By |June 1st, 2018|

It’s been several months since the groundswell #MeToo movement began, with many prominent figures being felled by sexual harassment allegations — and the effects extend beyond Hollywood and Washington DC. Many employers have seen increased complaints, but staffing businesses face additional practical and legal issues.

While there is no magic spell to protect your firm, there […]

105, 2018

Benefit of Counsel: Information Control

By |May 1st, 2018|

On May 25, the “world’s highest standard” for data protection comes into force. Europe’s General Data Protection Regulation (GDPR) will set the gold standard in allowing individuals within the European Union to control their personal data.

To ensure there is a level playing field and comprehensive protection for EU citizens’ data outside Europe’s borders, the GDPR […]

2603, 2018

Benefit of Counsel: Avoid Compliance Failures

By |March 26th, 2018|

In 1991, the US Sentencing Commission published its Sentencing Guidelines for Organizations, which set standards for creating corporate compliance programs that allow for more favorable treatment from the courts in the event of a compliance failure. And in today’s highly regulated environment, compliance failures are highly likely.

Indeed, the regulatory risks on all industries have increased […]

1303, 2018

Ready or Not, Here it Comes

By |March 13th, 2018|

When Congress passed its sweeping tax overhaul last December, US businesses celebrated the reduction of the corporate tax rate to 21%. In addition to the corporate tax break, pass-through entities — which include sole proprietorships, LLCs, partnerships and S-corps — also got a concession through a hotly debated arrangement.

This “pass-through provision” allows these entities — […]