Law & Advocacy

A major overhaul of the California workers’ compensation system passed the state legislature in the final hours of the state’s legislative session. Staffing firms were generally supportive of the legislation, because it promises to cut hundreds of millions of dollars in costs. The bill includes a provision barring staffing firms and professional employer organizations from self-insuring for workers’ compensation after Dec. 31, 2014. More ›

The Obama administration issued long-awaited guidance designed to assist employers to identify their full-time employees for purposes of either offering health coverage or paying penalties under the Affordable Care Act. The coverage and penalty provisions take effect Jan. 1, 2014. More ›

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The Massachusetts state senate has passed HB 4304, which requires staffing firms doing business in Massachusetts to send temporary employees written notice of each assignment’s wage rate, among other things. The bill now goes to Gov. Deval Patrick, who is expected to sign it. More ›

In a 5–4 decision, the U.S. Supreme Court has upheld the constitutionality of the Patient Protection and Affordable Care Act. ASA will present a Webinar for members, July 12 at 2 p.m. Eastern time, to update staffing firms on efforts by the association to mitigate the effects of the employer provisions on the staffing industry. Registration details to come. More ›

In an effort to promote workplace injury prevention, the Massachusetts Department of Public Health published a fact sheet to help clarify staffing firms’ and their clients’ responsibilities for ensuring a safe work site for temporary employees. More ›

ASA has filed comments with U.S. Citizenship and Immigration Services addressing proposed changes to the Form I-9. ASA comments are intended to confirm that staffing firms can continue to complete the Form I-9 at the time a candidate consents to be included in the staffing firm’s roster of temporary employees irrespective of the time the individual actually begins work. More ›

The California Supreme Court, in Brinker Restaurant Corp. v. Superior Court, held that employers must provide their nonexempt employees with 30-minute meal breaks but need not ensure that the employees actually stop working during those breaks. ASA has published an issue paper discussing the case and analyzing the effect of the ruling on staffing firms. More ›

The Supreme Court’s unanimous decision in Brinker Restaurant Corp. v. Superior Court is fascinating in many ways. It was one of the most highly anticipated employment law cases in the last decade and provides significant clarifications regarding both California’s meal and rest period rules, and the standards relating to class certification. More ›

The U.S. Internal Revenue Service and the U.S. Department of Health and Human Services have issued formal requests for comment on certain employer requirements under the Affordable Care Act. In this round of requests, the government is asking for input on several issues, including the process for verifying an individual’s eligibility for tax credits to purchase insurance coverage through state-based health insurance exchanges, and employers’ obligation to provide an annual report to the IRS on the employees covered under their health plans and the details of such coverage. Comments are due June 11. More ›