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

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 ›

In a major turn of events, California Assemblymember Matt Haney (D-San Francisco) has decided not to advance AB 2741, a bill that would have imposed new rules on employers and staffing agencies that place contracted workers in the state, and has amended the bill to remove all references to staffing, including conversion fees. The California… More ›

Earlier this year, the Iowa House of Representatives introduced HF 2391, a bill aimed at regulating temporary nurse staffing agencies. Among the provisions of the bill was language authorizing the state’s health department to “establish an annual rate schedule that shall be no greater than one hundred fifty percent of the statewide average wage paid… More ›

As the calendar hits August, most state legislatures have adjourned, and those that have not are in the process of wrapping up proceedings for the year. However, in New Jersey and Illinois, there is still plenty of work being done when it comes to both states’ recently passed temporary worker rights bills. New Jersey In… More ›

A federal court yesterday denied the staffing industry’s motion to enjoin the Temporary Workers’ Bill of Rights Law enacted by the New Jersey legislature earlier this year. Despite finding that the law likely will result in irreparable harm to many staffing firms, the court held that the industry’s arguments that the law is unconstitutional were… More ›

In Illinois, HB 2862, which amends the Illinois Day and Temporary Labor Services Act, passed the Illinois legislature earlier this month and is on Gov. J. B. Pritzker’s desk awaiting signature. The amendments are scheduled to take effect July 1. Among other things, the amendments provide that Temporary employees must be paid the same or… More ›

In August 2022, the California secretary of state announced the California Fair Pay and Employer Accountability Act will be voted upon by California residents as a ballot proposition in November 2024. The act seeks to repeal California’s Private Attorneys General Act, which allows employees to file lawsuits against employers on behalf of themselves, other employees,… More ›

As the California legislature approached its deadline for moving bills from the house of origin to the second house, advocacy efforts led by ASA; California Staffing Professionals, an ASA-affiliated chapter; and California lobbyists Mike Robson and Bridget McGowan of Edelstein Gilbert Robson & Smith LLC were instrumental in derailing two California bills that would have… More ›

By Sarah Kroll-Rosenbaum, Akerman LLP, and Harrison Thorne, Akerman LLP Businesses operating in California over the past two decades have likely heard of, if not encountered, the Private Attorneys General Act, or PAGA. For even the most sophisticated employers, being sued in a representative PAGA action feels a lot like being sued in an employee… More ›

On May 5, the New Jersey Staffing Alliance, an ASA-affiliated chapter, along with the New Jersey Business and Industry Association—with support from ASA—filed a civil lawsuit against the state of New Jersey and various institutional and individual defendants in the U.S. District Court for the District of New Jersey. The lawsuit challenges the validity of… More ›