Benefit of Counsel

2003, 2023

Benefit of Counsel: FTC ‘Team Employee’

By |March 20th, 2023|

Noncompete agreements have been a source of tension for employees and employers for many years.

Employers believe these agreements help to protect their intellectual property and prevent competitors from gaining an edge. They also help protect investments employers have made in their people and limit a former employee’s ability to use the knowledge or strategy gained […]

1502, 2023

Benefit of Counsel: The Big Reveal

By |February 15th, 2023|

2023 is looking to be the year of pay transparency. While employees’ rights to discuss their compensation have long been federally protected by the National Labor Relations Act, employers have held pay information close to the chest. But recently, several states and cities began calling on employers to show their hands, adding significant compliance issues […]

1411, 2022

Marijuana Minefield

By |November 14th, 2022|

While an ever-growing number of states permit the use of marijuana for medical and/or recreational reasons, the federal government, through the Controlled Substances Act, still considers marijuana to be unlawful. In fact, only four states align with federal law; all other states make marijuana usage permissible in some way. And this landscape makes my job […]

1710, 2022

Altered Course

By |October 17th, 2022|

In the past few years, the political tide in Europe has changed as left-leaning governments have triumphed in several countries — Spain, Norway, Sweden, the Netherlands, Denmark, Finland and

Portugal. Time and again, employment law is where the political shift is most visible. The consequence of this for temporary work is that these newly elected governments […]

1909, 2022

Increased Scrutiny

By and |September 19th, 2022|

For more than two years, Covid-19 has consumed the Occupational Safety and Health Administration’s operations. However, as society continues to revert to a pre-pandemic sense of normalcy, so has the agency. This means seeing more inspections and more citations issued in the near future across more industries — including the staffing industry — due to […]

1807, 2022

Benefit of Counsel: Trusted Counsel

By |July 18th, 2022|

As SIA recognizes honorees of its 40 Under 40 list of staffing professionals, it seems fitting to explore how in-house counsel can best serve their organizations while also rising to the top. Not everyone seeks to become a general counsel, and even if that is your current posture, there is still reason to play your […]

1605, 2022

Benefit of Counsel: A Successful Exit

By |May 16th, 2022|

There is a well-known business maxim: Start with the end in mind. For most owners of staffing firms, the end is a successful exit. With this touchstone in mind, it becomes easier to distinguish between the important legal and compliance issues (what will impede a successful exit) from the unimportant (i.e., don’t sweat the small […]

2103, 2022

Benefit of Counsel: No More ABCs

By and |March 21st, 2022|

Staffing firms doing business in Massachusetts have long awaited clarification on when they could be held liable for wage act violations as a joint employer when placing independent contractors with clients located in the state. Would the stringent ABC test under the state’s independent contractor law apply, or the more employerfriendly standard under the Fair […]

1402, 2022

Benefit of Counsel: Market Reactions

By |February 14th, 2022|

Recently, several stories have emerged in the media accusing nurse staffing firms of “price gouging,” especially in regard to travel nurses. Those charges are unfounded. As the pandemic continues and demand-driven costs increase, medical facilities, especially nursing homes, are finding it increasingly difficult to hire their own healthcare staff and are having to turn to […]

1511, 2021

Benefit of Counsel: Keeping It Just

By |November 15th, 2021|

Since this issue focuses on women in the industry, it’s fitting to ask: How has the Covid-19 pandemic impacted women in the workplace and women in staffing, and what might it mean for employers and the staffing industry legally?

The biggest change we have seen in the workplace has been the rise of remote work. Pre-Covid, […]