Legal

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

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 — […]

1402, 2018

Benefit of Counsel: In Hail and Storm

By and |February 14th, 2018|

In times of unexpected facility closures due to events such as inclement weather, what is the responsibility of the staffing provider with regard to the workers’ pay? Whether a worker must be paid if a client company is closed depends on the employee’s exempt or nonexempt status.

Exempt. The Fair Labor Standards Act requires employers to […]

2709, 2017

Benefit of Counsel: Fill Our Coffers

By |September 27th, 2017|

Worker misclassification has been gaining much more attention over the last couple of years as the independent workforce has grown considerably since the 2008 financial crisis. In the UK alone, it is estimated that 40% of the jobs created since then fall into the self-employed category.

One reason for government attention is that many independent workers […]

2108, 2017

Benefit of Counsel: Guard Your Interests

By |August 21st, 2017|

It has long been common practice for employers to use restrictive covenant agreements to safeguard their confidential information and trade secrets as well as to protect the investments they make in their employees. Restrictive covenant agreements — which are essentially contracts between employers and employees that incorporate types of nondisclosure, noncompete and/or nonsolicitation provisions — […]

2707, 2017

Benefit of Counsel: Protecting Personal Data

By |July 27th, 2017|

The clock is ticking: In addition to the 2016 enactment of Privacy Shield, the General Data Protection Regulation goes into effect in the European Union in less than a year.

Organizations doing business in the EU need to act now to ensure they are ready. The General Data Protection Regulation, going into effect in May 2018, is designed to ensure full protection of what it considers […]

2305, 2017

In the Know

By |May 23rd, 2017|

Employers face compliance challenges now more than ever, and in the staffing industry, the challenges are enhanced due to the nature of the industry. As new regulations that relate to onboarding of candidates continue to emerge, staffing companies must be prepared to address them appropriately. It is important to understand that there is no one-size-fits-all […]

105, 2017

Benefit of Counsel: Double Exposure

By |May 1st, 2017|

When personal information stored on a computer is compromised or stolen, the potential for cyber liability arises. Staffing companies face a dual exposure — first from the information that internal employees handle, and second from the information that assigned personnel handle while working at clients. These risks become more pronounced when employees are working remotely.

According […]