Stephen C. Dwyer, Esq.
Dwyer is a leading authority on the legal and public policy aspects of staffing. He engages in and coordinates the association’s legal and public affairs activities and advises the staffing industry on labor and employment law and policy issues. He has testified before legislatures and regulatory bodies regarding, and written extensively and spoken widely on, the staffing industry. Before joining ASA, he was associated with the New York multinational law firm Chadbourne & Parke, as well as De Forest & Duer, a 100-year-old Wall Street firm. Dwyer is a member of the New York, New Jersey, Massachusetts, Virginia, and District of Columbia bar associations.
Brittany Sakata, Esq.
Sakata serves as general counsel for the American Staffing Association. She is a former labor and employment attorney who advises ASA members on a broad range of legal matters, including EEO and wage and hour laws, immigration/I-9, OSHA, and paid leave issues. She is principal ASA liaison to the formal ASA/OSHA temporary worker safety alliance, Office of Disability Employment Policy (ODEP) alliance, and ASA’s Employee Safety Committee. Sakata graduated from George Mason University and earned a J.D. from the Washington College of Law at American University.
Ed Lenz, Esq.
Lenz is former ASA general counsel and senior vice president for legal and public affairs. He is a national authority and writer on the legal and policy aspects of staffing and led the industry’s advocacy efforts on the Affordable Care Act. He is a fellow of the College of Labor and Employment Lawyers and a member of the ASA Leadership Hall of Fame. Before joining ASA in 1989, he was vice president and assistant general counsel of Kelly Services. Previously, he was a trial lawyer with the U.S. Department of Justice and was associated with the law firm of Miller & Chevalier in Washington, DC.
Toby Malara, Esq.
Vice President, Government Relations
Malara advises on all staffing-related legislation and regulation, including the Affordable Care Act, immigration/I-9, paid sick leave, sales tax and per diem issues. He also directs the association’s political activities through its political action committee, StaffingPAC.
The Form I-9 is a complicated two-page document that is accompanied by a 65-page handbook explaining how to complete it. There are many facets of I-9 completion that are unique to staffing firms. E-Verify is an Internet-based system maintained by U.S. Citizenship and Immigration Services that allows businesses to verify the work eligibility of employees. The American Staffing Association offers this document to address the Form I-9 and E-Verify issues that staffing firms face most frequently. More ›
Staffing firm clients have increasingly adopted policies limiting the length of assignment of staffing firm workers as way to protect against the kind of “retro-benefits” claims faced by Microsoft. Some client policies appear to be based on the erroneous belief that, after working for a certain period of time, staffing firm employees are automatically eligible for coverage under the client’s benefits plans. To help dispel some of the common misperceptions, ASA has developed an issue paper that discusses the basic principles of law that apply to employee benefit plans and the steps clients can take to avoid retro-benefits exposure. More ›
This agreement is to be used when a staffing firm supplies assigned workers to the client on a temporary basis to supplement the client’s work force. The assigned workers will work under the direction, control, and supervision of the client. In addition to dealing with liability and indemnification issues, it contains a comprehensive set of basic operational terms and conditions. More ›
This form is used when a client desires technical services to be performed on the staffing firm’s premises by employees of the staffing firm. It states that the assigned workers are employees of the staffing firm, paid by the staffing firm, and all matters concerning wages, expenses, hours worked and paid, working conditions, and other similar administrative matters shall be resolved between the assigned worker and the staffing firm. More ›
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