Benefit of Counsel

2503, 2019

Benefit of Counsel: 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 […]

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 […]

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 […]

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 […]