Staffing Legal News
News About Staffing Agency Law, Legislation, and Lawsuits
Nov
19

Breaking News: DOL Salary Rule Struck Down

Federal Court Strikes Down Rule Raising Minimum Salary for Overtime Exemptions A federal court in Texas has found the U.S. Department of Labor's overtime exemption salary increases to be unlawful and invalid. The rule raised the "white collar" overtime exemption minimum salary to $43,888
Nov
12

Staffing Firm Accused of Lactation Discrimination

This is timely. Recently we provided a comprehensive update on pregnancy discrimination laws in the US, including the federal PUMP Act, requiring employers to provide accommodations for lactating mothers: How to Trigger a Pregnancy Discrimination LawsuitEmployers should understand that pregnant workers arguably enjoy more workplace legal protections than any class
1 min read
Oct
29

TEKsystems Challenges Minnesota Affirmative Action Overreach

Workforce Certificate requirements at issue In an unusual case, staffing giant TEKsystems is challenging how Minnesota grants Workforce Certificates. Companies with more than 40 employees in the state, or that are headquartered in the state, must obtain a Workforce Certificate to do business with the state, cities, counties, townships, and
2 min read
Oct
23

How to Trigger a Pregnancy Discrimination Lawsuit

Exploring protections for pregnant workers in the US Employers should understand that pregnant workers today arguably enjoy more workplace legal protections than any class of workers in the United States. The icing on the cake was the Pregnant Workers Fairness Act (the "PWFA"), which Congress passed in 2022
4 min read
Oct
03

Candidate's Request for Religious Accommodation Rebuffed - EEOC Sues

4 min read
Sep
08

Kelly Services Accused of Overtime Pay Violations

A complaint (attached below) filed against Kelly Services Global, LLC in Texas last week alleges that the staffing giant violated federal and state wage hour laws by paying the plaintiff and others on an hourly "straight time" basis, regardless of the number of hours worked.
3 min read
Aug
30

Los Angeles County Attacks Background Checks

An ordinance enacted by Los Angeles County will make it difficult for covered employers to conduct background checks. And this is the clear intent of the Los Angeles County Board of Supervisors in passing the "Fair Chance Ordinance for Employers.
3 min read
Aug
21

Texas Court Strikes Down FTC Noncompete Ban Nationally

On Tuesday, August 20, a Texas federal court issued a national injunction preventing enforcement of the FTC's rule banning noncompete agreements. The court's ruling is attached below. This outcome was predicted here when the rule became effective in April: FTC Ban on Noncompete Agreements Not Likely
2 min read
Aug
14

Another Week, Another Cybersecurity Class Action

5 min read
Aug
06
Courts Apply New Title VII Standard

Courts Apply New Title VII Standard

For the past 60 years, to assert a valid employment discrimination claim under Title VII of the Civil Rights Act of 1964, an employee had to allege a “materially significant disadvantage” resulting from an employer's adverse actions.
7 min read
Aug
01

Court Upholds BioPoint's $7.5 Million Win in Trade Secrets Case

With attorney's fees, Catapult now owes BioPoint $7,554,402, plus accrued interest. BioPoint will soon be in a position to pursue collection activities if the judgment is not paid. This could include garnishing Catapult's bank account and clients who owe fees.
4 min read
Jul
29

Pennsylvania Federal Court Upholds FTC's Non-Compete Ban

Ruling conflicts with Texas court ruling - final outcome still undetermined Stay Informed - 60 Day Free Trial Subscription As previously reported here, there are two pending federal court lawsuits challenging the Federal Trade Commision's rule banning non-compete agreements in the United States. Background here: FTC’s Non-Compete
3 min read
Jul
26

Federal Appeals Court Upholds New Jersey Anti-Staffing Law

Industry challenge to benefits-matching requirement still alive In a ruling that is disappointing, but not entirely unexpected, the U.S. Third Circuit Court of Appeals has rejected an appeal by industry groups seeking to overturn New Jersey's "Temporary Worker's Bill of Rights." This law
2 min read
Jul
16

System One and Acara Resolve Tempnapping Case

SLN has been following a case involving an attempted workforce transfer by a staffing firm client. The client, Alstom Transportation, attempted to move the workers of System One to its new staffing supplier, Acara Solutions. System One was of course not happy about this and sued Alcara under two theories:
2 min read
Jul
15
California PAGA Reforms: Band Aid on a Broken Leg?

California PAGA Reforms: Band Aid on a Broken Leg?

Updated law maintains penalties, creates new avenues for litigation, and hides a major win for labor While some are optimistically celebrating the California PAGA "reforms" that went into effect on July 1, the complex new PAGA structure is just more of the anti-employer over-regulation that makes California the
5 min read
Jul
08

Court: FTC Ban on Non-Competes Invalid, but...

Judge declines to enter national injunction The Federal Trade Commission's rule banning all non-complete agreements, slated to become effective on September 4, 2024, has generated much commentary since it was approved in April of this year. When the Rule came out in April, Staffing Legal news noted: "
1 min read
Jul
02

USERRA Presents Staffing Agency Challenges

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects members of the military, including the Reserves, and requires employers to return them to their civilian jobs following a period of uniformed service. For staffing agencies, USERRA presents unique challenges, because their assigned employees'
3 min read
Jun
27

Minnesota Authorizes Customers to Poach Temps

Broad language may even bar most conversion fees Last year I wrote about Minnesota's ban on non-compete agreements, and methods that may remain available to employers to protect their businesses from unfair competition. Now the Land of 10,000 Waters is back at it again, this time with
2 min read
Jun
20

TRC Staffing Hit with Two Class Actions Over Data Breach

The trend continues Stay Informed - 60-Day Free Trial Atlanta based TRC Staffing Services, Inc., d/b/a TRC Talent Solutions, has been hit with two competing class actions (copies attached below) arising out of a March 2024 ransomware attack. The pattern is becoming familiar. Following a cyber event, a
2 min read
Jun
10

Partial Industry Win Possible in New Jersey War on Staffing

But major problems will remain unless appeal succeeds Last Year Staffing Legal News reported on New Jersey's "Temporary Worker Bill of Rights," which is actually a transparent attempt to destroy a large segment of industrial staffing in the state. The law requires industrial staffing firms to
2 min read
May
30
Health Care Tech Firm Faces Overtime Class Action

Health Care Tech Firm Faces Overtime Class Action

An overtime class action has been filed against CereCore, a subsidiary of hospital giant HCA Healthcare. CereCore began life as HCA's in-house technology department, but in the last 15 years morphed into a stand-alone company offering healthcare staffing services nationally and internationally, with a focus on technology and
2 min read
May
28
DOL's New Salary Threshold is Effective on July 1 Absent Successful Legal Challenge

DOL's New Salary Threshold is Effective on July 1 Absent Successful Legal Challenge

Unless a pending legal challenge succeeds, beginning July 1, 2024, U.S. employers must pay their salaried employees at least $844 per week ($43,888 per year) in order to exempt them from overtime pay under the Fair Labor Standards Act. The Department of Labor's new rule is
2 min read
May
24
Memorial Day Remembrance

Memorial Day Remembrance

This weekend let us remember all the veterans who served our country from the Revolutionary War until today. I will be thinking of my late father, Dr. William E. Josey, who at age 19 served on the destroyer/mine-sweeper USS Ellyson in the South Pacific during the Second World War.
1 min read
May
10

Allegis vs Jobot: Jobot Wins Again

Allegis Group takes another loss in its home court Background Last year Staffing Legal News reported on a noncompete loss suffered by Allegis in its "home court" in Maryland, where the company is based. In that case, Allegis and its subsidiary Aston Carter sued former employee Christopher J.
4 min read
May
07
Important Takeaways from Insight Global's $2.7 Million Cybersecurity Settlement

Important Takeaways from Insight Global's $2.7 Million Cybersecurity Settlement

Companies performing on federally funded contracts have significant exposure to cybersecurity lawsuits and damages under the False Claims Act.
7 min read
Apr
29

Employment Candidate Files Suit Against Recruiting Agency Major, Lindsey and Africa

Candidate alleges Allegis Group subsidiary dumped her after she filed discrimination claim against her former employer In a blistering 21-page complaint filed in the U.S. District Court for the Middle district of Maryland (attached below), Attorney Gita Sankano has accused legal recruiting giant Major, Lindsey and Africa ("MLA&
2 min read
Apr
25

FTC Ban on Non-Compete Agreements Not Likely to Hold Up

Staffing is a highly competitive business, and non-compete agreements are widely used by employers in the industry. In coming days, there will be a lot of news about the Federal Trade Commission's move to outlaw almost all existing non-compete agreements, defined as any agreement that prevents an employee
2 min read
Apr
23

U. S. Supreme Court Broadens the Basis for Discrimination Claims

Surprising ruling means that employers can expect more lawsuits The most common legal claims brought against staffing firms (and employers in general) are lawsuits brought under Title VII of the Civil Rights Act of 1964, as amended, and its state and local variants. Last week, the U.S. Supreme Court
2 min read
Apr
14

Double Dipping Employees on the Rise

Cross Country Staffing lawsuit highlights the problem - a recruiter with three full time jobs... The rise of remote work has created opportunity for workers to hold more than one "full time" job. A 2023 report by organizational consultant McKinsey estimates that 5% of a typical company'
2 min read
Apr
11

Aerotek Wins the Right to Arbitrate- But Loses the Arbitrations

In a landmark 2021 decision in favor of staffing giant Aerotek (and beneficial to employers in general), the Texas Supreme Court ruled that former Aerotek temporary employees could not invalidate their electronic signatures on arbitration agreements merely by denying that they signed them. The ruling in this employment discrimination case
1 min read
Apr
04

Big Law Recruiter Loses Appeal of $6,391,732 Award to Former Employer

Collection efforts have recruiter on the run In September 2022, Staffing Legal news reported that a Texas federal judge found legal search recruiter Evan P. Jowers was liable to his former employer, MWK Recruiting, for misappropriating candidate lists and violating his non-competition agreement:
4 min read
Mar
28

Justice Department Repeatedly Punishing Staffing Firms for Job Posting Violations

It's easy pickings for DOJ regulators There is a right way and a wrong way to address immigration status in a U.S. job posting. The DOJ website explains here. It's pretty simple: Right way: "Must be authorized to work in the U.S."
5 min read
Mar
25

Court Denies Acara's Motion to Dismiss System One's Tempnapping Case

Injunction Hearing Scheduled In unusually rapid fashion, U.S. District Court Judge Maryland Horan has denied Acara Solutions' request for dismissal of System One's "tempnapping" lawsuit filed last month in Pennsylvania. The lawsuit (attached below) seeks to prevent Acara from hiring 200 System One workers
1 min read
Mar
20

Acara Responds to System One's "Tempnapping" Suit

Last month SLN reported on System's One's lawsuit challenging a client's attempt to transfer its entire assigned workforce to competitor Acara Solutions. Acara has now responded and seeks dismissal of the case (Acara's Brief attached below). As we pointed out in the
1 min read
Mar
19
Operator of Florida Hospitality Staffing Companies Sentenced to Four Years in Prison for Tax and Immigration Charges

Operator of Florida Hospitality Staffing Companies Sentenced to Four Years in Prison for Tax and Immigration Charges

1 min read
Mar
19
Aerotek Filing Big Debt Collection Lawsuits

Aerotek Filing Big Debt Collection Lawsuits

Is it the economy or just business as usual? As one of the biggest players in the staffing industry, it is not surprising that Aerotek spends more time in court than most staffing firms. Lately, the firm has been chasing clients for some pretty large unpaid bills. This may be
2 min read
Mar
15
Staffing Agency TalentLaunch Named in Data Breach Class Action

Staffing Agency TalentLaunch Named in Data Breach Class Action

Staffing agency TalentLaunch, LLC has been named in a class action (copy attached) filed in the U.S. District Court for the Northern District of Ohio. The lawsuit is part of the newly emerging legal industry of data breach class actions.
2 min read
Mar
13

ASA-Supported Staffing Agencies Overturn Benefit Matching Requirement in Illinois

In a significant, albeit partial, victory, the ASA affiliated Staffing Services Association of Illinois and several staffing firms have won a federal court injunction halting the enforcement of Illinois' recently imposed requirement that industrial staffing firms match their clients' benefits.
1 min read
Mar
11

Healthcare Giants in Heated Texas Noncompete Battle

On November 13, 2023, AMN Healthcare filed a lawsuit (attached below) against Aya Healthcare and Robert Wolf, who before his hire by Aya was a tenured (20 years) senior manager at AMN.
2 min read
Mar
07
Barrett Business Services Lawsuit Alleges Trade Secret Misappropriation

Barrett Business Services Lawsuit Alleges Trade Secret Misappropriation

A lawsuit filed on March 4, 2024, by Barrett Business Services (copy attached below) provides a primer on how to appropriately protect the trade secret status of your client and candidate lists.
3 min read