Legal

105, 2013

Benefit of Counsel: Shared Burdens

By |May 1st, 2013|

Where staffing firms can trip up in co-employment situations

Due to the unique nature of the staffing industry, both the staffing provider and the client have rights and fulfill responsibilities as “co-employers.” Staffing firms usually recruit and screen applicants, conduct background and reference checks, ensure completion of all required paperwork, pay wages, and retain at least […]

104, 2013

Benefit of Counsel: Across the Pond

By |April 1st, 2013|

Issues to consider when sending workers to and within Europe — even temporarily

In today’s global marketplace, employees are often sent from one country to another on temporary projects or assignments. However, some legal issues may arise when sending employees abroad even if only temporarily. Here are some issues staffing firms should consider when sending […]

103, 2013

Benefit of Counsel: Stormy Waters

By |March 1st, 2013|

A primer of commercial liability coverage fundamentals

One of the most common areas of difficulty during a project launch is procuring proper insurance. While on its face, this process should be as simple as providing a coverage form to your client, every supplier knows it is anything but simple. The world of commercial insurance is […]

2903, 2012

Benefit of Counsel: Crucial Clause

By |March 29th, 2012|

What you don’t see can hurt you

These days, staffing firms often use their customers’ contract forms when sealing a deal. Often, those contracts lack some clauses that staffing firms shouldn’t do business without. Staffing firms’ own contract forms often omit important and useful terms. Regardless whose contract you start with, there are six terms that […]

2003, 2012

Benefit of Counsel: Shifting the Burden

By |March 20th, 2012|

Why indemnification agreements may not be fair

Indemnification clauses, also known as hold harmless clauses, are often demanded by customers as part of their standard agreements with staffing providers. But frequently, neither party really understands their implications.

Indemnification means one party assumes liability for a situation (even when the responsibility is not theirs), relieving the other party […]

2712, 2011

Benefit of Counsel: Candidates should pass the contractor status test before coming on board

By |December 27th, 2011|

If a staffing agency pays workers assigned to its clients as independent contractors and not as employees, the agency faces potential liability for misclassifying its workers. Similarly, if the independent contractor candidate is paid directly by the client, the client assumes these risks. So unless your agency or your client has a high risk tolerance, […]