Staffing and the Law
Staffing and the Law News, Articles, Blogs, Webinars, White Papers & Events. Human Resources Management featuring HR news on Staffing and the Law.
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Employee vs. Independent Contractor: Do You Know the Difference?
Employers owe contractors far fewer obligations than employees. Employers take a risk when they classify someone performing services for them as an independent contractor instead of an employee.
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Debunking Myths of a Pro-Business Supreme Court
There are still two key employment cases pending this term. These two rulings will help determine this Supreme Court's developing legacy as either pro-individual or pro-business in deciding employment cases.
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NLRB Confirms Legality of Most At-Will Employment Disclaimers
The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.
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Staged RIFs Qualify for Heightened Protection From Age Discrimination
A reduction in force can occur in stages and over time. An employer can first retain key employees during a layoff and then layoff those key employees later when economic realities dictate their termination.
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EEOC Rejects Staffing Company's “Just Following Orders” Defense
If you are a staffing company, consider writing indemnification clauses into your agreements to help insure against liability when the company for whom you are staffing discriminates. Otherwise, there is a good chance that the law will not protect you from your customer's discrimination.
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk
The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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EEOC Settles Seventh Day Adventist Religious Discrimination Suit
Experts say religious discrimination claims in the workplace are expected to be a growing problem for employers.
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Trucking Company Settles EEOC Racial Discrimination Lawsuit for $120,000
A defunct trucking company hired 38 white dock workers at its Newton, North Carolina facility in April 2011, purposefully overlooking six equally qualified African-American applicants for the positions on the basis of their race.
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Temp Workers Sue Wal-Mart, Staffing Firms
A group of Illinois workers filed suit against Wal-Mart Stores Inc. and two staffing firms — QPS Employment Group Inc. and Labor Ready - Midwest Inc. — claiming they didn't receive pay for all hours worked and didn't receive employment and wage notices as required by law, according to the complaint
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Men Get Prison, Must Repay $5 Million for Defrauding Staffing Firms
The incidents occurred from October 2002 to February 2005, according to the indictment in the case.
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Court Dismisses Discrimination Suit Filed by Christian School Teacher
The federal district court ruling said the court had stayed briefing on St. Peter's motion to dismiss the case pending the Supreme Court's decision.
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Does Your Social Media Policy Educate About Being 'Profersonal?'
The takeaway might simply be that employers remind their employees to 'be professional' online, and that businesses will hold employees accountable for what they post that could cast the company in a bad light.
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Accommodating Religions Starts at Home (A Love Story)
Employers seem to have forgotten how to accommodate, and people are quick to lay blame at the feet of companies. Yet, teaching how to accommodate starts at home.
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Will the Supreme Court (Re)Define Employer Liability for Harassment By Supervisors?
This case presents an excellent opportunity to settle this important issue.
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SHRM Survey: Fewer Employers Conducting Credit, Criminal Checks of Job Applicants
The survey also found that an applicant's negative credit information is not a barrier to hiring, with 80 percent of the respondents saying they hired an individual with a poor credit report.
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SEC Names Insider Trading Suspect in Staffing Firm Deal
Ladislav 'Larry' Schvacho made approximately $511,000 in illicit profits using insider information, the Securities and Exchange Commission reported.
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Swapping Shifts and Religious Accommodation
If you are planning on rejecting an employee's request for a shift change as a religious accommodation, you must be able to support the claim of hardship with facts.
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Emergency Room Physician is Independent Contractor, Cannot Pursue Bias Claims: Court
Glascock charged that throughout her relationship with the group she was subjected to ongoing sexual harassment by other group physicians, including being called a “princess,” “cutie” and “babe,” as well as disparaging remarks about pregnancy.
