EEOC and Department of Labor Team Up in Seach for Violators
The Equal Employment Opportunity Commission and the Department of Labor's Wage and Hour Division have entered into a historic agreement to combine forces in the search for employers who violate the law in their respective enforcement areas. The agreement, called a Memorandum of Understanding ("MOU"), recites its purpose as follows:
Criminal Background Checks in California - Special Rules Apply
New regulations expand scope of the law and provide compliance guidance
EEOC Sues Staffing Firm and Client Over Alleged Preference for Hispanic Workers
Conciliation Process Fails - Why This Matters
The Equal Employment Opportunity Commission has sued Memphis agency Supreme Staffing, LLC and its client Aaron Thomas Company, Inc. a manufacturer, contract packager and warehouse operator. The lawsuit (copy attached below) filed in Federal Court alleges that the client asked Supreme Staffing to
DOL's Proposal to Increase Salaries for Overtime Exemption May Backfire on the Agency
But antiquated wage/hour laws will remain a big problem for employers
The U.S. Department of Labor is in the early stages of proposing a major increase to the minimum salary required for eligibility for the "white collar" overtime exemptions found in the Fair Labor Standards Act (executive, administrative,
National Staffing Solutions Sues Former Employee Under Computer Fraud Statute
Lawsuit alleges former nurse recruiter stole candidate database after loading computer sharing software
National Staffing Solutions has filed an unusual data theft lawsuit in Florida (Complaint attached). While data theft cases are not uncommon, it is rare to see one that seems to fit the requirements for relief under the
Regulatory Updates for Staffing-September 2023
This year has brought an unprecedented wave of regulatory changes for U.S. employers. The changes derive from a combination of legislative and judicial actions. As a practical matter, it is impossible for the typical small to medium sized company to keep up with all of it. At Staffing Legal
Lawsuit Raises the Question of a Recruiter's Legal Duty to the Candidate
Recruiting lawyers can be lucrative, as demonstrated in my coverage of a Texas noncompete case last year. There, a legal recruiter's former employer won a $3,640,132.60 damage award against the recruiter for misappropriating trade secrets and violating his non-competition agreement. The story included a list of the
Liability for Client's Unlawful Discrimination: Reduce Your Risk
Elwood Staffing case provides guidance on avoiding liability for client misconduct
Staffing firms are routinely dragged into employment litigation because of discriminatory conduct by a client. When a temporary worker asserts a discrimination claim based upon client conduct, it is standard practice for the plaintiff's lawyers to include the staffing