As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike. Conflicting federal and state guidelines applied by various government agencies and courts — think recent Uber and FedEx cases — have left both companies and […]
Recently, some government agencies have changed their rules to more easily find joint employment in situations where they did not find it before.
Joint employment can expose separate employers to union organizing and to increased liability for wage payment, payroll taxes, civil rights violations, workplace safety and other issues. It can also subject small employers to […]
You’ve won some business with a new customer. It’s an exciting prospect, and as you sign the contract, you might be thinking of your legal obligations as only an afterthought, if at all.
Your plan may be to simply file the contract away and get to work. But do you really know the terms of your […]
Last year, the US National Labor Relations Board held that Browning-Ferris Industries was a joint employer of a staffing firm’s employees under the board’s new expanded definition of joint employment. Earlier this year, the board held that, as a joint employer, Browning Ferris had engaged in unfair labor practices when it refused to recognize and […]
In October 2016, California Gov. Jerry Brown signed into law AB 1506, which amended California’s Private Attorney General Act (PAGA), mostly in response to increased litigation over technical violations to wage statements.
Earlier this year, more changes to PAGA were proposed.
PAGA. Enacted in 2003, PAGA essentially deputizes the employee as an attorney general, giving him or her the right to seek civil penalties — not only for […]
Across the United States, approximately 100 cities and counties have adopted “ban the box” laws, making it illegal for an employer to request an applicant’s conviction history at an early stage in the hiring process. There are currently 19 states that have adopted ban the box policies for public employees: California (2013, 2010), Colorado (2012), […]
A huge, federally mandated, change to compensation requirements is just around the corner. Last year, the United States Department of Labor (DOL) issued a notice of proposed rulemaking, the intent of which is to expand the federally mandated overtime protections to millions of new employees.
With the 60-day notice and comment period well behind us, all […]
The federal Occupational Safety and Health Administration (OSHA) was established in 1971 to ensure employees’ health and safety. OSHA’s laws and regulations have been based on the traditional assumptions, quite prevalent at the time, that an employer is the one who hires its employees, who then work for the employer alone on a fulltime or […]
Use analytics to guide employment-related decisions
While humans have long used numbers to understand and influence behavior, the ability to access large amounts of complex data when making business decisions has expanded exponentially in recent years. There are five key areas where staffing firms and professional employer organizations (PEOs) can leverage big data — both to […]
What to do before selling your staffing business
Given the consolidation in the staffing industry of late, a sale transaction likely is on the horizon for many staffing business owners. If you are among them, here are some important things to keep in mind.
Retain professionals in advance. If you are contemplating a sale, the most important […]
