Staffing Companies Face Potential Exposure for Interview Time.

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In a putative class action pending in the federal court for the Northern District of California, Sullivan v. Kelly Services, Inc. (Case No. C 08-3893 CW), Judge Claudia Wilken, ruling on cross motions for summary judgment, has held that the time spent interviewing by a Kelly Services employee seeking temporary work assignments with Kelly Services' clients is compensable under California law. However, Judge Wilken also ruled that the time spent preparing for and commuting to the client interviews was not compensable, nor was Kelly Services required to reimburse the employees for expenses incurred in attending the interviews.

Source: Wage and Hour Articles

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Are Your Recruiters Exempt or Non-Exempt? Recent Court Cases Scrutinize Staffing Industry Classification Practices

Recently, a California appeals court sent shockwaves through the staffing industry when it ruled in Pellegrino v. Robert Half International, Inc., No. G039985,1 that staffing firm recruiters are not overtime-exempt administrative employees under California law. Since many staffing firms classify their recruiters as exempt administrative employees, there was concern that this decision could have a sweeping effect on staffing industry overtime classification practices. Soon after Pellegrino, a federal district court in Maryland decided Andrade v. Aerotek, Inc., No. CCB-08-2668,2 another case in which a staffing firm recruiter challenged her classification as administratively exempt from the require...

Hospitals Providing Medical Services to Federal Employees Through an HMO are Covered Subcontractors Under OFCCP's Jurisdiction.

For many years, health systems reasonably assumed that arrangements with a non-governmental entity to provide services or benefits to federal employees would not invoke the jurisdiction of the Office of Federal Contract Compliance Programs OFCCP, and thus would not mandate federal equal employment and affirmative action obligations. pa href"http:feedads.g.doubleclick.netaVk0EpM6nU5qocM0o4QHNEizI51E0da"img src"http:feedads.g.doubleclick.netaVk0EpM6nU5qocM0o4QHNEizI51E0di" border"0" ismap"true"imgabr a href"http:feedads.g.doubleclick.netaVk0EpM6nU5qocM0o4QHNEizI51E1da"img src"http:feedads.g.doubleclick.netaVk0EpM6nU5qocM0o4QHNEizI51E1di" border"0" ismap"true"imgapimg src"http:feeds.feedburner.comrEmploymentLawArticles4sXwill...

Hospitals Providing Medical Services to Federal Employees Through an HMO are Covered Subcontractors Under OFCCP's Jurisdiction.

CIS Interpretation Will Curtail H-1 Status for Self-Employed, Independent Contractors, and Employees of Staffing Companies.

On January 6, 2010, the US Citizenship and Immigration Services issued interpretive guidance regarding the employer-employee relationship and how that must be documented in H-1 cases. The net effect of the CIS memorandum is to deny H-1 status to independent contractors and self-employed individuals, as well as limit the ability of staffing companies and PEO's to use H-1 visas to place workers at client job sites.

Employers Responsible For Employee Online Behavior (pdf).

Few business owners realize that they can be held responsible for what employees say about the companys products or services when the employee is using social media like Facebook, MySpace, Twitter and personal blogs. However, under recently issued federal regulations, thats precisely the case.

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