Legal

102, 2014

Benefit of Counsel: Check It Out

By and |February 1st, 2014|

Efficient onboarding is critical to the ongoing success of staffing companies and an integral part of the process is background checks. In April 2012, their significance to the hiring process was brought to the forefront by the U.S. Equal Employment Opportunity Commission’s issuance of its enforcement guidance on criminal background checks and the potential […]

112, 2013

Benefit of Counsel: The Skinny on Skinny Plans

By |December 1st, 2013|

‘Minimum essential coverage’ plans will require continual employee education

The Affordable Care Act’s employer mandate may have been delayed by a year, but come 2015, staffing firms will have had to decide whether to offer insurance or pay the penalties. For the moment, at least, there’s a middle-ground option that many staffing firms are considering.

A […]

111, 2013

Benefit of Counsel: For Their Welfare

By and |November 1st, 2013|

Why buyers and staffing firms are jointly responsible for workplace safety

In recent months, workplace safety has become even more important, with the Occupational Safety and Health Administration (OSHA) issuing updated guidance specifically on the issue.

OSHA’s guidance reminds staffing firms and client companies that they should carefully consider who will be responsible for safety training […]

110, 2013

Benefit of Counsel: Legally Acceptable

By and |October 1st, 2013|

Elements to consider when crafting a social media strategy

While social media outlets may be excellent platforms for staffing professionals to network and source candidates, myriad problems may result from improper or unlawful use of a company’s name, reputation or confidential information while using such social media. Here are a few.

Company identity. An employee’s use […]

109, 2013

Benefit of Counsel: Whose Property Is It, Anyway?

By |September 1st, 2013|

Ownership of intellectual property created by ICs has its own set of rules

When it comes to independent contractors (ICs), most staffing companies and their clients worry about making sure they are classified properly — that is, making sure that those workers paid on a 1099 or “corp-to-corp” basis are bona fide ICs.

Most companies forget, […]

108, 2013

Benefit of Counsel: Workplace Investigations

By |August 1st, 2013|

Workplace Investigation

How to conduct a thorough and fair harassment inquiry

Adopting a strong policy against discrimination and illegal harassment (including sexual harassment) in the workplace, and if a complaint is received, conducting a full, prompt and impartial investigation, are critical to your company, its risk management and the well-being of all of your employees (temporary […]

107, 2013

Benefit of Counsel: The Immigrant Story

By |July 1st, 2013|

The Immigrant Story

How will comprehensive reform impact employing foreign labor?

The spring and summer has seen a contentious immigration debate, with Congress focusing on passing a Comprehensive Immigration Reform bill (CIR). The mainstream media’s discussion of CIR has centered on two points: the fate of 10 to 12 million undocumented foreign nationals and securing the […]

107, 2013

Room for Error

By |July 1st, 2013|

Background checks help screen workers but could also expose employer to liability

The most common rationale for conducting background checks is that employers and staffing agencies face liability if they do not. If a business engages someone who ends up harming someone else, the business faces potential liability. Liability depends on whether the business was […]

107, 2013

Don’t Get Caught in the Web

By |July 1st, 2013|

How to sidestep some top legal perils

This article is not intended as legal advice. Managers and owners should consult legal counsel for advice on specific situations.

Eliminating risk in business is impossible, but there are steps companies can take to mitigate it. Today, the staffing industry faces many legal and regulatory challenges, with courts and […]

106, 2013

Benefit of Counsel

By and |June 1st, 2013|

Failure to Rehire Terminating a temp after an injury could raise workers’ comp costs

In most states, the staffing firms are exclusively responsible for payment of workers’ compensation benefits when a contingent worker is injured on the job. And following an injury, the client company sometimes is hesitant to bring the employee back. A recent […]