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  • A revised version of House Bill 1393 was passed out of the Massachusetts Joint Committee on Labor and Work Force Development. As originally drafted, HB 1393 would have prohibited staffing firms from charging permanent placement and conversion fees with respect to certain employees, potentially required in-state offices, and potentially prohibited staffing firms from sending candidate rĂ©sumĂ©s to clients for purposes of generating client interest and job orders. More ›

  • In an unpublished opinion issued Mar. 15, the U.S. Court of Appeals for the Ninth Circuit denied class certification in a case brought on behalf of Aerotek recruiters who claimed that they were misclassified as exempt administrative employees and thus entitled to overtime pay under California wage and hour law, Delodder, et al, v. Aerotek, Case 10-56755. The court upheld the district court’s ruling that the recruiters were not similarly situated and thus could not comprise a proper class for the class action. More ›

  • On Mar. 12, the U.S. Citizenship and Immigration Services, an agency of the U.S. Department of Homeland Security, issued guidance stating that staffing firms can sponsor H1-B workers if they can establish a valid employer relationship with the assigned worker, or “beneficiary.” The H-1B program is used by U.S. businesses to employ college-educated foreign workers with highly specialized knowledge, such as engineers and computer programmers. More ›

  • Staffing firm clients increasingly demand to be indemnified against a broad range of potential liabilities, and there is intense competitive pressure for staffing firms to agree to these demands. But doing so could result in a nasty surprise and significant liability. A 2002 appellate court decision involving a temporary employee on a construction assignment, who caused an explosion while moving propane tanks, illustrates this danger. More ›

  • Employers’ ability to perform criminal background checks during the hiring process is essential to ensure safety in the workplace. Recent activity at the U.S. Equal Employment Opportunity Commission suggests that the manner in which employers access and use criminal background checks may be limited through forthcoming agency guidance. More ›

  • ASA has been waging a two-year battle with the state workers’ compensation rating agency in Pennsylvania to allow staffing firms that operate in the state to use their clients’ classification codes to workers’ compensation insurance determine rates. Yesterday, ASA and the Mid-Atlantic Staffing Association, an ASA-affiliated chapter, filed an appeal urging the state insurance commissioner to direct the agency to change the system and requesting a hearing for the purpose of presenting the industry’s arguments. More ›

  • President Obama signed a payroll tax cut extension into law that includes some significant unemployment insurance reforms that were strongly supported by ASA. Meanwhile, as states continue to battle budget shortfalls, some have started to look at tax increases as a way to raise more revenue. More ›

  • The U.S. Department of Labor has issued answers to frequently asked questions outlining the guidance expected to be issued by the U.S. Internal Revenue Service and the U.S. Department of the Treasury for defining who is a “full-time employee” for purposes of an employer’s obligation to offer health insurance coverage or pay penalties under the Affordable Care Act. ASA prepared an analysis of the FAQs to help ASA members determine the likely effect of the guidance on staffing firms. More ›

  • Spurred by media reports that revealed a pattern of job advertisements stating that only “currently employed” candidates are eligible to apply, federal and state lawmakers continue to pursue legislation that would declare this practice as unlawful discrimination and ban it in the workplace. More ›

  • The Texas Supreme Court issued an important ruling that preserves workers’ compensation protection for staffing firm clients in Texas. The American Staffing Association and the Texas Association of Staffing, an ASA-affiliated chapter, filed an amicus brief in the case. More ›

Experts in the staffing and recruiting industry, as well as professionals in other disciplines pertinent to staffing, are encouraged to submit their ideas to present at ASA events, in webinars, and for publication in articles.


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