Labor Law Update for the Staffing Industry: Union Organization and Increased NLRB Control

In September, ASA reported that the city of Denver had warned clients of online job platform Instawork of their potential liability for Instawork’s misclassification of workers as independent contractors (Staffing Today, Sept. 18, 2024). The city meant business. On Nov. 27, the labor division of the auditor’s office of the city of Denver issued a… More ›

By Helen L. Konrad, Esq., McCandlish Holton PC E-Verify is an internet-based employment verification system that has been around for decades. It began as a voluntary program to supplement the Form I-9 process that requires that all new hires present a document or document(s) that evidence both identity and authorization to work. It then became… More ›

The U.S. Supreme Court denied a certiorari petition filed by a staffing agency, thereby letting stand a Ninth Circuit ruling that has adverse consequences for the staffing industry. The Ninth Circuit held that a staffing agency and client could not compel arbitration of a temporary worker’s claims, ruling that that the worker was exempt from… More ›

On Sept. 10, the labor division of the auditor’s office of the city of Denver sent a letter to clients of the online platform Instawork informing them of their potential liability for Instawork’s misclassification of workers as independent contractors. The city asserts that these clients share potential joint liability for wage and other violations. The… More ›

California’s AB 2930, a bill that sought to regulate automated decision tools (ADTs) that are used to make “consequential decisions” in employment, was defeated when the bill’s author moved it to the inactive file shortly before the conclusion of the legislative session for the California State Legislature. AB 2930 would have imposed onerous responsibilities for… More ›

Since the late 1990s, when states first began enacting medical marijuana legislation, the widespread adoption of such legislation and eventual legalization of recreational marijuana has created statutory inconsistencies that create significant confusion for employers. This complexity is compounded in states where local regulations conflict with federal law, making compliance particularly difficult; as of June 2024,… More ›

The Supreme Court of Michigan has issued the last word on the status of paid sick leave in the state. In a July 31 ruling, the court reinstated 2018 voter-approved ballot initiatives raising the state minimum wage and requiring employers to provide employees with paid sick leave. The ruling means that staffing agency temporary employees,… More ›

In the California State Senate, ACA 6—a proposed constitutional amendment to the California constitution that would have limited the ability of the University of California system to contract for services—was defeated during a recent meeting of the elections and constitutional amendments committee. The UC system adamantly opposed the bill—with strong support from ASA and California… More ›

The U.S. Court of Appeals for the Fifth Circuit recently upheld an adverse decision against a legal recruiter, finding that he misappropriated trade secrets and violated restrictive covenants after leaving his former employer and using candidate and client information to place attorneys through his new employer. The appeals court affirmed the lower (district) court’s decision… More ›