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Benefit of Counsel: Lighten the Load

Recently, some government agencies have changed their rules to more easily find joint employment in situations where they did not find it before.

Joint employment can expose separate employers to union organizing and to increased liability for wage payment, payroll taxes, civil rights violations, workplace safety and other issues. It can also subject small employers to federal jurisdiction under laws that would otherwise exempt them.

In the past, clients needlessly imposed assignment limits following the Microsoft benefits case and are now imposing excessive coverage mandates under the Affordable Care Act. Spurred by advisors' warnings of joint employment risk, clients may demand "solutions" to it from staffing firms.

Talking clients out of such concerns is hard, so you may want to offer some or all of these solutions. You can enhance your value to the client by showing your understanding and support:

Agree to retain standby labor counsel to respond quickly to joint employment issues. Ideally, counsel should be knowledgeable in staffing, employment law generally, and so-called "traditional" labor law (the law of unions and collective bargaining).

Pre-establish lines of communication between the client's labor counsel and yours.

Reinforce your separate employer status in employee communications and teach your client to respect the distinctions between its employees and yours.

Offer to train the customer's frontline supervisors in the principles of contingent employee management.

Agree to train your in-house staff on unfair labor practices (ULPs), since their actions can expose the client to liability and since some ULPs are counterintuitive things that no normal person would consider bad or illegal.

When economically feasible, maintain on-site supervision by staffing firm personnel.

Operational: The terms of the workers' employment may also be useful for rebutting joint employment theories. The NLRB's Kalamazoo Paper Box decision listed factors relevant to determining whether joint employees have the "community of interest" necessary for including them in a client's union bargaining unit. For several issues, you and your client may want to maximize differences in your workforces according to these factors: method of compensation; hours of work; employee benefits; supervision; qualifications, training, and skills; job functions; working time spent away from the assignment location; infrequency or lack of contact with other employees; and lack of integration/interchange with other employees.

Note that assignment length is not on this factor list.

Contractual: Staffing agreements can contain helpful items:

Make the statement that the staffing firm reserves the right to control the details of the work, even though the client actually supervises the work and remains liable for it.

Keep the client out of the processes of recruiting, selecting, disciplining and terminating assigned employees.

Insulate clients from control of your pay rates and, if possible, even from knowledge of pay rates.

Include substantial conversion fees for client hire and workforce transfers to successor staffing firms.

Avoid advertising for assignments to specific clients.

Avoid separate definition, pricing, and administration of payrolled employees. Instead, track the frequency of client-sourced employees and, at contract renewal, take the recruiting cost savings of payrollers into account in the overall rates applicable to all temporary employees.

Secure the client's promise not to seek or acquiesce in a union bargaining unit that would combine the client's direct employees with yours.

Allocate the costs associated with potential labor organizing.

Provide for rate adjustments if collective bargaining affects wages or other labor costs.

There is no guarantee that these measures will fend off a joint employment finding by a determined court or government agency, but they should make the case harder for your opponents to win.

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Recently, some government agencies have changed their rules to more easily find joint employment in situations where they did not find it before. Joint employment can expose separate employers to union organizing and to increased liability for wage payment, payroll taxes, civil rights violations, workplace safety and other issues.

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Staffing Industry Growth - Benefit of Counsel: Arizona Calls ‘DIBS’

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Staffing Industry Growth - Benefit of Counsel: Arizona Calls ‘DIBS’

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State’s aim to ensure proper worker classification not a sure thing.  As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike. Read more here.

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Benefit of Counsel: Arizona Calls 'DIBS'

As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike. Conflicting federal and state guidelines applied by various government agencies and courts - think recent Uber and FedEx cases - have left both companies and workers scratching their heads.

What makes an independent contractor an IC? In August 2016, Arizona enacted the Declaration of Independent Business Status law in an attempt to provide clarity to this increasingly pertinent issue.

Under DIBS, workers in Arizona may sign a declaration to confirm their status as an independent contractor and create a rebuttable presumption that they are indeed classified properly. The law states that "any employing unit [i.e., business] contracting with an independent contractor may prove the existence of an independent contractor relationship ... by the independent contractor executing a declaration of independent business status." The DIBS must include certain affirmations from independent contractors that establish their status and describe the truly independent nature of the relationship, such as the contractors' acknowledgment that they operate their own independent business, are responsible for providing their own tools and equipment, and are able to work with multiple clients during the engagement. In addition, contractors must acknowledge six out of 10 factors set forth in the DIBS that indicate a true independent relationship, such as acknowledgments they are not economically dependent on the services performed for the contracting party, and that the contracting party does not dictate the performance, methods or process the contractor uses to perform services.

Appearances can be deceiving. While DIBS appears to remove the ambiguity and confusion of proper worker classification challenging businesses in Arizona, that is not the case. Rather, DIBS creates a rebuttable presumption. Basically, a contractor who signs a DIBS is considered a properly classified independent contractor until that fact is contested. While we don't yet know how the DIBS law will be adjudicated in court, think "innocent until proven guilty." If someone's innocence is contested, the accuser must prove that there is evidence contrary to such innocence. This rebuttable presumption works in a similar fashion. In Arizona, the introduction of a DIBS document will create a presumption that a proper classification has been made, unless it is contested and proved otherwise. If enough factors point to a worker being in fact misclassified as an independent contractor, the presumption is overcome by the contesting party. The contesting parties in this case could be the worker, the IRS or various state agencies.

It is important to understand what the law actually does and what it does not. First, it is only effective in Arizona; no rebuttable presumption is created by the signing of a DIBS in Colorado, for example. Second, it is effective only at the state level. The DIBS law does not replace the various independent contractor tests used by the IRS or Department of Labor. And the latter issued an administrative interpretation last year that stated there is a presumption that most workers are employees. So, at the federal level, the presence of a DIBS would likely be considered only one of the many factors contemplated during a worker classification lawsuit or an IRS audit.

Whether the DIBS law will actually help Arizona's independent workers and the companies that use them better understand the nuances of proper worker classification is still up for speculation. It would be wise for businesses using independent workers, even in Arizona, to ensure that the DIBS is not the only factor upon which their classification is made.

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Benefit of Counsel: Arizona Calls 'DIBS'

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As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike.

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Benefit of Counsel: Arizona Calls 'DIBS'

As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike. Conflicting federal and state guidelines applied by various government agencies and courts - think recent Uber and FedEx cases - have left both companies and workers scratching their heads.

What makes an independent contractor an IC? In August 2016, Arizona enacted the Declaration of Independent Business Status law in an attempt to provide clarity to this increasingly pertinent issue.

Under DIBS, workers in Arizona may sign a declaration to confirm their status as an independent contractor and create a rebuttable presumption that they are indeed classified properly. The law states that "any employing unit [i.e., business] contracting with an independent contractor may prove the existence of an independent contractor relationship ... by the independent contractor executing a declaration of independent business status." The DIBS must include certain affirmations from independent contractors that establish their status and describe the truly independent nature of the relationship, such as the contractors' acknowledgment that they operate their own independent business, are responsible for providing their own tools and equipment, and are able to work with multiple clients during the engagement. In addition, contractors must acknowledge six out of 10 factors set forth in the DIBS that indicate a true independent relationship, such as acknowledgments they are not economically dependent on the services performed for the contracting party, and that the contracting party does not dictate the performance, methods or process the contractor uses to perform services.

Appearances can be deceiving. While DIBS appears to remove the ambiguity and confusion of proper worker classification challenging businesses in Arizona, that is not the case. Rather, DIBS creates a rebuttable presumption. Basically, a contractor who signs a DIBS is considered a properly classified independent contractor until that fact is contested. While we don't yet know how the DIBS law will be adjudicated in court, think "innocent until proven guilty." If someone's innocence is contested, the accuser must prove that there is evidence contrary to such innocence. This rebuttable presumption works in a similar fashion. In Arizona, the introduction of a DIBS document will create a presumption that a proper classification has been made, unless it is contested and proved otherwise. If enough factors point to a worker being in fact misclassified as an independent contractor, the presumption is overcome by the contesting party. The contesting parties in this case could be the worker, the IRS or various state agencies.

It is important to understand what the law actually does and what it does not. First, it is only effective in Arizona; no rebuttable presumption is created by the signing of a DIBS in Colorado, for example. Second, it is effective only at the state level. The DIBS law does not replace the various independent contractor tests used by the IRS or Department of Labor. And the latter issued an administrative interpretation last year that stated there is a presumption that most workers are employees. So, at the federal level, the presence of a DIBS would likely be considered only one of the many factors contemplated during a worker classification lawsuit or an IRS audit.

Whether the DIBS law will actually help Arizona's independent workers and the companies that use them better understand the nuances of proper worker classification is still up for speculation. It would be wise for businesses using independent workers, even in Arizona, to ensure that the DIBS is not the only factor upon which their classification is made.

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Benefit of Counsel: Arizona Calls 'DIBS'

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As proper worker classification remains in the spotlight, the standards by which a worker is properly classified as an independent contractor continue to confuse business owners and contingent workers alike.

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Staffing Industry Blogs – SIA Tumbler Profile

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Staffing Industry Blogs – SIA Tumbler Profile

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Follow SIReview.StaffingIndustry's Start.io Profile. We provide latest updates on our staffing industry blog to keep you updated about the US staffing industry.

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Follow SIReview.StaffingIndustry's Start.io Profile. We provide latest updates on our staffing industry blog to keep you updated about the US staffing industry.

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Staffing Industry Trends - Protect Your Temps … and Yourself

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Staffing Industry Trends - Protect Your Temps … and Yourself

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The Occupational Safety and Health Administration’s campaign to improve safety for temporary employees has presented challenges and opportunities for staffing providers. Six tips to get OSHA’s Temp Worker Initiative to work for you.

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Benefit of Counsel: Protect Your Temps ... and Yourself

The Occupational Safety and Health Administration's campaign to improve safety for temporary employees has presented challenges and opportunities for staffing providers.

In its 2013 initiative, OSHA made the staffing agency and host employer jointly responsible for training temporary workers. The premise was that temporary workers are at greater risk of workplace injury than the direct employees of clients.

I offer six tips for navigating the Temporary Worker Initiative:

1. Client selection and review. Do your due diligence so you know the exact circumstance into which you are placing your temporary workers. By doing a "site safety review," you can highlight areas of potential safety concerns and work with the host company to address them before placing any employees. A review of the company's OSHA logs and accident reports will reveal the level and severity of accidents and help a staffing agency determine if it even wants to partner with the client. During this process, involve several stakeholders rather than leave the burden solely on the sales team.

2. Define responsibilities. When preparing a contract with a new client, clearly define each party's safety responsibilities. OSHA advises that staffing agencies should be responsible for "general" safety training and the client should take responsibility for training specific to its facility. For staffing agencies, some of the general safety orientation can be covered in the temporary employee enrollment materials and handbook provided to new employees. Additionally, "physical demand analysis" forms can help ensure an employee is up to the physical requirements of a specific assignment. Moving forward, some agencies are looking at more dynamic methods to present safety information such as video or PowerPoint presentations.

3. Have a regulations expert. Appoint a specific individual to understand the regulations, stay on top of changes and communicate information to the team. OSHA's TWI regulations are clearly set forth on its website and supplemented with bulletins that provide specific information in a straightforward manner. Responsibility for safety should never be vague.

4. Confirm the training. Staffing agencies have a proactive obligation to ensure their temporary and part-time workers are getting the same specific safety training as the client's direct employees. However, employees may be hesitant to report problems, so it is often incumbent on the staffing provider to identify gaps in training. By fostering open communication with clients, staffing agencies can build trust, which is critical for identifying and resolving training issues quickly and effectively.

5. Bring representation. If there is an OSHA inspection or inquiry, be courteous and respectful, but also be accompanied by an attorney to ensure the inspector is not overstepping the intent of the TWI. Because OSHA-related law is a specialty, a corporate attorney may not be enough and specialized help is advised.

6. Protect the boundaries. OSHA has reiterated that it does not expect staffing firms to become site-specific safety experts. However, they must ensure the proper training actually occurs. There is a fine distinction between the responsibilities and there have been examples of field inspectors issuing citations to staffing agencies for safety violations over which they had no practical control. OSHA is committed to addressing this overreach and you should bring all concerns to its attention.

TWI has without a doubt spurred cooperation on safety between staffing agencies, host companies and OSHA. Understanding the initiative and taking advantage of its protections can give staffing companies the opportunity to show that, like OSHA, they care greatly about the safety of their temporary workforce

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Benefit of Counsel: Protect Your Temps ... and Yourself

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The Occupational Safety and Health Administration's campaign to improve safety for temporary employees has presented challenges and opportunities for staffing providers. In its 2013 initiative, OSHA made the staffing agency and host employer jointly responsible for training temporary workers.

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Staffing Industry Growth News – SIA – Google Plus Profile

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Staffing Industry Growth News – SIA – Google Plus Profile

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Staffing industry is a growing one and can be a good industry to build new career. Visit SIA’s Google plus profile for latest posts and updates from SIA blog.

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Discover amazing things and connect with passionate people.

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Discover amazing things and connect with passionate people.

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Staffing Industry Blogs - Legal News - The Ground Is Moving

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Staffing Industry Blogs - Legal News - The Ground Is Moving

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In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor? Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively. Read more here.

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Benefit of Counsel: The Ground Is Moving

In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor?

Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively.

Co-employment. Co-employment is defined as the relationship among two or more organizations that both qualify as "employers" under one or more legal standards for the same worker or group of workers. Co-employers often share some degree of liability and responsibility for shared employees.

There are two main tests used to determine co-employment. The first is the common-law Darden test, which examines a number of factors related to the relationship between two parties. The second is the economic realities test that arises out of the Fair Labor Standards Act. The US Department of Labor, the National Labor Relations Board and the Equal Employment Opportunity Commission have recently expressed views that support broader co-employment definitions, demonstrating they are more disposed toward finding an employment or co-employment relationship.

Many franchises are learning firsthand how these broader views can affect a business. Both McDonald's and Domino's are embroiled in lawsuits based on the premise that the franchisor is just as much an employer of franchisee employees as is the franchisee.

Meanwhile, Chicago's MVP Staffing and some of its clients are facing a potential class-action lawsuit from workers alleging the clients asked for African American applicants not to be placed. MVP allegedly complied. The EEOC recently subpoenaed thousands of documents related to employment data and other information on MVP's temporary workers.

Staffing companies should consider taking the following steps to reduce risk:

Respond reasonably to risks regardless of employment status.

Coordinate investigation/response with client companies - both entities have legal responsibilities.

Do not comply with unlawful client requests - consult with counsel immediately.

Discuss the structure of your workforce with your insurance company and ensure coverage.

Who is an IC? In a 2015 Government Accountability Office study, the GAO estimated that just more than 40% of workers now have "contingent" or "alternative work arrangements." Often, these come in the form of independent contractors. A significant portion of net US job growth has been attributed to the rise of independent contractors in the workforce, but this positive change has also created problems for employers that are learning to adapt to the changing workforce culture.

The biggest problem faced by employers today is worker classification: Is a person an employee or an independent contractor? Fair Labor Standards Act class action lawsuits have been on the rise over the past two years regarding worker misclassification. Some states have provided guidance for employers. For example, the Arizona Legislature enacted a law in 2016 enabling employers to ask workers to sign a declaration stating that they are independent contractors. And New York City enacted a law providing freelance workers with the rights to a written contract, timely and full payment and to be free of retaliation.

Common ways to mitigate the risk of independent contractor misclassification:

Self-audit to determine if workers are properly classified and whether your classification system is adequate.

Review your benefit plans, especially the definition of eligibility and standard of review.

Use independent contractor classification vendors.

Eliminate indicia of control from contracts and policy (and actual control from practices).

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Benefit of Counsel: The Ground Is Moving

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In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor? Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively. Co-employment.

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Staffing Industry Blogs - Legal News - The Ground Is Moving

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Staffing Industry Blogs - Legal News - The Ground Is Moving

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Benefit of Counsel: The Ground Is Moving

In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor?

Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively.

Co-employment. Co-employment is defined as the relationship among two or more organizations that both qualify as "employers" under one or more legal standards for the same worker or group of workers. Co-employers often share some degree of liability and responsibility for shared employees.

There are two main tests used to determine co-employment. The first is the common-law Darden test, which examines a number of factors related to the relationship between two parties. The second is the economic realities test that arises out of the Fair Labor Standards Act. The US Department of Labor, the National Labor Relations Board and the Equal Employment Opportunity Commission have recently expressed views that support broader co-employment definitions, demonstrating they are more disposed toward finding an employment or co-employment relationship.

Many franchises are learning firsthand how these broader views can affect a business. Both McDonald's and Domino's are embroiled in lawsuits based on the premise that the franchisor is just as much an employer of franchisee employees as is the franchisee.

Meanwhile, Chicago's MVP Staffing and some of its clients are facing a potential class-action lawsuit from workers alleging the clients asked for African American applicants not to be placed. MVP allegedly complied. The EEOC recently subpoenaed thousands of documents related to employment data and other information on MVP's temporary workers.

Staffing companies should consider taking the following steps to reduce risk:

Respond reasonably to risks regardless of employment status.

Coordinate investigation/response with client companies - both entities have legal responsibilities.

Do not comply with unlawful client requests - consult with counsel immediately.

Discuss the structure of your workforce with your insurance company and ensure coverage.

Who is an IC? In a 2015 Government Accountability Office study, the GAO estimated that just more than 40% of workers now have "contingent" or "alternative work arrangements." Often, these come in the form of independent contractors. A significant portion of net US job growth has been attributed to the rise of independent contractors in the workforce, but this positive change has also created problems for employers that are learning to adapt to the changing workforce culture.

The biggest problem faced by employers today is worker classification: Is a person an employee or an independent contractor? Fair Labor Standards Act class action lawsuits have been on the rise over the past two years regarding worker misclassification. Some states have provided guidance for employers. For example, the Arizona Legislature enacted a law in 2016 enabling employers to ask workers to sign a declaration stating that they are independent contractors. And New York City enacted a law providing freelance workers with the rights to a written contract, timely and full payment and to be free of retaliation.

Common ways to mitigate the risk of independent contractor misclassification:

Self-audit to determine if workers are properly classified and whether your classification system is adequate.

Review your benefit plans, especially the definition of eligibility and standard of review.

Use independent contractor classification vendors.

Eliminate indicia of control from contracts and policy (and actual control from practices).

# data[].attributes.attachment_link.title
Benefit of Counsel: The Ground Is Moving

# data[].attributes.attachment_link.description
In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor? Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively. Co-employment.

# data[].attributes.attachment_link.readable_text
Benefit of Counsel: The Ground Is Moving

In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor?

Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively.

Co-employment. Co-employment is defined as the relationship among two or more organizations that both qualify as "employers" under one or more legal standards for the same worker or group of workers. Co-employers often share some degree of liability and responsibility for shared employees.

There are two main tests used to determine co-employment. The first is the common-law Darden test, which examines a number of factors related to the relationship between two parties. The second is the economic realities test that arises out of the Fair Labor Standards Act. The US Department of Labor, the National Labor Relations Board and the Equal Employment Opportunity Commission have recently expressed views that support broader co-employment definitions, demonstrating they are more disposed toward finding an employment or co-employment relationship.

Many franchises are learning firsthand how these broader views can affect a business. Both McDonald's and Domino's are embroiled in lawsuits based on the premise that the franchisor is just as much an employer of franchisee employees as is the franchisee.

Meanwhile, Chicago's MVP Staffing and some of its clients are facing a potential class-action lawsuit from workers alleging the clients asked for African American applicants not to be placed. MVP allegedly complied. The EEOC recently subpoenaed thousands of documents related to employment data and other information on MVP's temporary workers.

Staffing companies should consider taking the following steps to reduce risk:

Respond reasonably to risks regardless of employment status.

Coordinate investigation/response with client companies - both entities have legal responsibilities.

Do not comply with unlawful client requests - consult with counsel immediately.

Discuss the structure of your workforce with your insurance company and ensure coverage.

Who is an IC? In a 2015 Government Accountability Office study, the GAO estimated that just more than 40% of workers now have "contingent" or "alternative work arrangements." Often, these come in the form of independent contractors. A significant portion of net US job growth has been attributed to the rise of independent contractors in the workforce, but this positive change has also created problems for employers that are learning to adapt to the changing workforce culture.

The biggest problem faced by employers today is worker classification: Is a person an employee or an independent contractor? Fair Labor Standards Act class action lawsuits have been on the rise over the past two years regarding worker misclassification. Some states have provided guidance for employers. For example, the Arizona Legislature enacted a law in 2016 enabling employers to ask workers to sign a declaration stating that they are independent contractors. And New York City enacted a law providing freelance workers with the rights to a written contract, timely and full payment and to be free of retaliation.

Common ways to mitigate the risk of independent contractor misclassification:

Self-audit to determine if workers are properly classified and whether your classification system is adequate.

Review your benefit plans, especially the definition of eligibility and standard of review.

Use independent contractor classification vendors.

Eliminate indicia of control from contracts and policy (and actual control from practices).

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Benefit of Counsel: The Ground Is Moving

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In the world of work, two debates rage on: Who is a co-employer, and who is an independent contractor? Recent federal guidance and case law suggest that the answers to these questions may be everyone and no one, respectively. Co-employment.

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Staffing Agencies Reviews – SIA blog - Pinterest Profile

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Staffing Agencies Reviews – SIA blog - Pinterest Profile

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Complete staffing industry/agencies reviews by top global advisors on staffing & workforce solutions. Visit our blog for latest updates from staffing industry.

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Complete staffing industry/agencies reviews by top global advisors on staffing & workforce solutions. Visit our blog for latest updates from staffing industry.

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Staffing Industry News - Legal - United Opposition

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Staffing Industry News - Legal - United Opposition

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Before hiring a temp or directly employed worker, California companies would have to offer additional hours to existing staff under a state bill proposed in December. Opponents say it would limit employers' ability to manage their workforces and open them up for further litigation.

The California Chamber of Commerce called it a "jobs killer," and is joined in opposing it by a number of other business groups and organizations.

"This proposal presents a number of problems for employers," says Fiona Coombe, director of legal and regulatory research for Staffing Industry Analysts.

"It makes sense that an employer would want to use his own existing employees to carry out additional work if they have the skills and experience and are willing to do the work, and it does not incur additional costs in overtime payments," Coombe said. "However, this interferes with an employer's right to decide how to manage their business."

Assemblywoman Lorena Gonzalez, D-San Diego, introduced the bill, saying it was aimed at fighting underemployment among California's 3.5 million part-time employees. It's known as the "Opportunity to Work" act, or Assembly Bill 5. The bill is presently in committee.

Nuts and bolts. Assembly Bill 5 would impact companies with more than 10 employees. It would require them to use a transparent, nondiscriminatory process to allocate additional work to existing nonexempt employees who have the skills and responsibility to do the job - before bringing in another worker.

It would also allow for employees to sue for violations. It wouldn't require employers to use existing workers if doing so would result in overtime.

The bill aims to combat a perceived practice of companies holding employees to below 30 hours per week so they won't be subject to penalties under the Affordable Care Act, or to avoid coverage under the law altogether said Richard Leasia, shareholder at employment law firm Littler Mendelson. And while there are many questions over how such a law will be implemented if passed by the legislature, it will impact the contingent workforce ecosystem if it is.

The staffing effect. "Staffing agencies are going to be indirectly affected because their customers are going to have certain duties under AB5 that will impact them," Leasia said.

In addition, staffing firms are employers themselves and will be subject to the law, if passed, he said. One possible impact: if a staffing firm has temporary workers at one client company, will it have to offer those workers extra hours before bringing in new temps at another client company? That's just one of the questions.

The bill is a double whammy for the staffing industry, said James A. Essey, president and CEO of the TemPositions Group of Companies.

"First off, from a sales perspective, if a client needs to justify that they have first contacted all their own part-timers before they can approach a staffing firm, and are required to document such contacts, it is possible that clients will reduce their use of temporaries because they will get the work done with part-timers, or decide to change their staffing model to have more full-timers on the payroll for last-minute needs to avoid this burdensome process," according to Essey.

Secondly, staffing firms are employers as well, and it would likely require them to contact all their employees on assignment who are not working a full schedule and offer them any new jobs before offering the jobs to new recruits. "The administrative burden of checking with all these people and documenting it will be very time consuming and the order may go unfilled because the checks took so long to be performed there wasn't time remaining to find a new candidate," according to Essey.

Stephen Dwyer, general counsel of the American Staffing Association, also said the bill would decrease companies' flexibility to meet changing work conditions or demand. One example, if an administrative assistant calls in sick, a company would have to put out a call to all its nonexempt workers. It could be the end of the day before the company finds a person to fill in after contacting all eligible workers - leaving work undone.

Banding together. "I think the concern over this legislation is reflected by the fact that the entire business community is opposed to AB5," Dwyer said. "Almost all of the major business groups in California are opposed to it. The California Chamber of Commerce has designated the bill as a jobs killer."

Dwyer said the ASA has sent an opposition letter to assembly members and engaged its membership in a grass-roots effort against the bill. It's also working with other business groups.

The California Chamber of Commerce listed several problems for employers in a letter on Feb. 13 to the bill's sponsors. Among the concerns:

Employers must contact employees - even if some workers have indicated they are not interested in the work.

Employers with offices around the state would have to contact employees who may not be near the workplace. Would a Southern California employee take extra hours provided at a location on the other side of the state? Although such a scenario is unlikely, but firms would still have to undergo the process of contacting workers.

Questions over what an employer must to do satisfy the law that they have offered the hours to existing, nonexempt employees. Is a mass email sufficient?

The process of choosing which workers to offer extra hours could lead to increased litigation against employers.

In addition, the bill sets no time limit on documentation, and employers would have to keep documents indefinitely.

Voters in San Jose, Calif., passed a similar measure last November that will take effect in March. San Francisco addressed the issue. However, the chamber argues the cities' efforts differ from the statewide proposal.

"AB 5 appears to be modeled after San Jose and San Francisco ordinances requiring larger employers to provide part-time employees with additional hours of work," according to the chamber. "However, San Francisco is only applicable to national employers with multiple locations and San Jose has a specific small employer exemption. Moreover, both ordinances only require an employer to offer additional hours of work to part-time employees, not full-time employees."

San Jose's law, which was approved by voters in November, and is scheduled to take effect March 13, is raising questions there. Littler Mendelson's Leasia, who is based in San Jose, said the city's law is very similar to AB5, but uncertainty remains over how the municipal law will be implemented.

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Before hiring a temp or directly employed worker, California companies would have to offer additional hours to existing staff under a state bill proposed in December. Opponents say it would limit employers' ability to manage their workforces and open them up for further litigation.

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SIReview.StaffingIndustry in Mountain View - YelloYello

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Staffing Industry Blogs Sponsored Content – SIA

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Staffing Industry Blogs Sponsored Content – SIA

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Sponsored Content Archives - Staffing Industry Review

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Competition is fierce. Profit margins are thin. Staffing firms are exhausting all options to gain more strategic advantages and get ahead. For one, many are looking to outsourcing non-core business activities to operate more efficiently and lower costs. Another continuing trend is fueling growth via mergers or acquisitions.

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Staffing Industry Blogs Sponsored Content – SIA

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Staffing Industry Blogs Sponsored Content – SIA

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Complete staffing industry/agencies reviews by top global advisors on staffing & workforce solutions. Visit our blog SIReview.StaffingIndustry for latest updates and reviews from staffing industry. Visit our addoway profile here.

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Staffing Industry Blogs and Online Showcase

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Staffing Industry Blogs and Online Showcase

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Online Showcase Archives - Staffing Industry Review

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Earlier this year, the California Supreme Court adopted a stricter test for determining who is an independent contractor, and executives say the decision in the case, known as the Dynamex case, will have a significant impact on companies that use independent contractors - especially online gig economy platforms with independent contractor models - and the [...]

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Complete staffing agencies reviews by top staffing analyst firm. Visit our EZLocal Profile for business details. You can follow the link in profile to visit our staffing industry analysts blog.

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Staffing Industry Growth and Reports, You Ask We Answer Category

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Staffing Industry Growth and Reports, You Ask We Answer Category

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Read posts like The Biggest Markets?, Where Is RPO Most Used?, IT Staffing Concentration under the category You Ask We Answer. Staffing Industry Analysts are global advisors for staffing and workforce solutions.

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You Ask/We Answer Archives - Staffing Industry Review

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Answer: A recent Staffing Industry Analysts survey asked staffing firms to break out their total temporary staffing revenue by customer market. In aggregate, five sectors - manufacturing, healthcare services, finance/insurance, business services and tech/telecom - accounted for two-thirds of reported temporary staffing sales.

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Interested in latest reviews, news and updates from the staffing industry. Staffing Industry Analysts is there for you. Follow the link to our Yellowbot profile and click on blog for the updates.

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Information, profile, reviews, ratings, and tags by SIReview.StaffingIndustry

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Visit and follow SIReview.StaffingIndustry us on Plurk for latest updates from staffing industry. We are global leaders in staffing and work force solutions.

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One place for all bookmarks from SIReview.StaffingIndustry. Get latest updates from the staffing industry by the experts. Share our bookmarks on delicious.

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Keep, share, and discover the best of the Web using Delicious, the world's leading social bookmarking service.

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Staffing Industry Blogs, SIReview Ryze Profile

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Staffing Industry Blogs, SIReview Ryze Profile

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SIReview.StaffingIndustry Ryze profile. You can visit our main blog at sireview.staffingindustry.com for amazing information on staffing industry by the experts.

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Allen Daniel's Ryze Business Networking Page

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Ryze Business Networking, make business connections, make new contacts and friends

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Read posts like building business, make a difference, it’s the people etc. related to staffing industry blog. SIReview.StaffingIndustry is spate blog by SIA for providing information on staffing industry.

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Center Stage Archives - Staffing Industry Review

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The Jacobson Group specializes in the insurance industry and recently introduced a standalone RPO The Jacobson Group is featured in this month's Center Stage. The Chicago-based firm was founded in 1971 and focuses on serving the insurance industry, providing everything from executive search to temporary staffing.

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Staffing Agencies Reviews, SIReview Ask.fm Profile

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Staffing Agencies Reviews, SIReview Ask.fm Profile

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Visit our Ask.fm profile and follow the link for latest reviews from the staffing industry. Our blog SIReview.StaffingIndustry is dedicated to reviews from the staffing industry.

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Allen Daniel (@SIReviewStaffingIndustry). Ask me anything on ASKfm

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Get in touch with Allen Daniel (@SIReviewStaffingIndustry). Ask anything you want to learn about Allen Daniel by getting answers on ASKfm.

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Staffing Industry Trends Posts, By the Number

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Staffing Industry Trends Posts, By the Number

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Click and read latest trending posts like 10 Largest Metro Markets in IT Staffing Spend, Selected Acquisitions of Staffing Firms etc.

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By the Numbers Archives - Staffing Industry Review

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Other Side Archives - Staffing Industry Review

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After working for a large software company for many years, I went freelance. And I've since specialized as a software development project leader, working with highly-skilled freelancers from a wide variety of cultural and socioeconomic backgrounds. The contrast between corporate and freelance work is quite dramatic.

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Visit our Tupalo Profile and get connected on Tupalo. Follow link to our blog for staffing industry news, staffing agencies reviews and latest trends.

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Click and visit SIReview.StaffingIndustry’s perspective category section to read all posts related from staffing industry like Elevating the Ecosystem, Selective Stimulus etc.

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Perspective Archives - Staffing Industry Review

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The industry stands at an energizing crossroad The staffing industry is in the midst of a 25-year business cycle that began with the adoption of Internet tools that have transformed the industry and will end with dramatic, yet subtle changes in the ways staffing firms interact with customers - hiring managers, gatekeepers, supply chains, current consultants [...]

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SIA reviews blog for latest news and reports from staffing industry. Visit our ezebee profile for direct link to our blog and social media profiles.

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News and information related to staffing industry counterpoint category. Click and visit to read now.

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Demand for temporary IT staffing is on the rise as suppliers benefit from numerous secular trends. For example, not only is IT spending growth accelerating, but the faster pace of technological innovation is fueling business requirements for more shortterm projects involving more specialized skill sets.

On the other hand, the supply of available IT talent in [...]

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Counterpoint Archives - Staffing Industry Review

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Demand for temporary IT staffing is on the rise as suppliers benefit from numerous secular trends. For example, not only is IT spending growth accelerating, but the faster pace of technological innovation is fueling business requirements for more shortterm projects involving more specialized skill sets.

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Legal Archives - Staffing Industry Review

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It's been several months since the groundswell #MeToo movement began, with many prominent figures being felled by sexual harassment allegations - and the effects extend beyond Hollywood and Washington DC. Many employers have seen increased complaints, but staffing businesses face additional practical and legal issues.

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Looking for latest information from the staffing industry?? Visit staffing industry professionals Delicious profile to read about latest information from staffing industry and workforce solutions.

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Understand the growth, market size and various forecasts from the Staffing Industry with SIA.

Click to read more here.

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Sales Archives - Staffing Industry Review

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Before my staffing industry career, I sold properties for a home builder. In staffing, though I was making more calls and even increasing the number of my meetings, I struggled to close deals. I was working just as hard as I had in my previous job.

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Complete Staffing Reviews by SIA – Diigo Profile

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Complete Staffing Reviews by SIA – Diigo Profile

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Click for daily news & latest updates from the staffing industry. Known for our award-winning content, SIA is the global advisor on staffing & workforce solutions.

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Editor's Letter Archives - Staffing Industry Review

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It's interesting to report the growth of the fastest growing staffing firms. We've been doing this for more than a decade - 12 years to be exact. But even more exciting are the stories behind the growth of these firms - numbering 110 this year.

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Staffing
Industry Report, Facts & Data, Statistics by SIA 

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Staffing
Industry Report, Facts & Data, Statistics by SIA 

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Read latest research and reports from the staffing industry. CEOs of fastest-growing industrial staffing firms reveal their strategies. Know more here.

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Research Report Archives - Staffing Industry Review

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Staffing Industry Analysts' first UK Engineering Report - released earlier this year and available to European or global corporate members - underscores the importance of engineering to the workforce solutions ecosystem, employment and to the overall economy in the UK. SIA estimates the UK engineering staffing market accounts for just under a third of the [...]

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SIReview.StaffingIndustry lookup page profile and blog. Visit for latest updates like workforce solutions, managed service providers, online staffing platforms etc from the staffing industry.

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Allen has taken control of his online presence by opening a LookUpPage . Join Allen on LookUpPage - it's quick, free and easy to use.

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Visit SIReview.StaffingIndustry Yelp Profile. Visit our main blog for latest information about the staffing industry. We are global advisor on staffing and workforce solutions ecosystem.

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Expert Corner – Staffing Industry Trends and News

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Expert Corner – Staffing Industry Trends and News

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Click to read about the current trends and news in staffing industry. Tips and tricks from the experts to perform you better.

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Experts Corner Archives - Staffing Industry Review

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After years of compliance and risk mitigation-related technology initiatives, CIOs are returning to functional operational projects to generate revenue. This paradigm shift has made technology the core of operations for all companies regardless of the industry they serve. Disruptive digital technologies will become the key to enabling companies to consume and analyze data to improve [...]

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Our ORCiD profile for ORCiD users. Visit our main blog SIReview.StaffingIndustry.com for Complete staffing industry/agencies reviews by top global advisors on staffing & workforce solutions.

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Given Names Deactivated Family Name Deactivated (0000-0001-5868-1775) - ORCID | Connecting Research and Researchers

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Staffing Industry Reviews, Blog, News,
Trends & Reports

 

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Staffing Industry Reviews, Blog, News,
Trends & Reports

 

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Complete staffing industry/agencies reviews by top global advisors on staffing & workforce solutions. Visit our blog for latest updates from staffing industry.