Fair Credit Reporting Act Lawsuit Filed Against Onin Staffing
A Missouri lawsuit against Onin Staffing (attached) serves as a reminder that alarm bells should go off when a client rejects a candidate because of a background check result.
Kimco Staffing Services Hit with Data Breach Class Action
California-based Kimco Staffing Services was just served with a class action lawsuit (attached below) arising out of a June 2023 cybersecurity event.
System One Brings "Tempnapping" Suit Against Acara Solutions
Is this a trend?
This sort of thing used to happen more frequently 25 years ago. A client decides to ditch its existing staffing agency and cuts a deal with a competing agency to take over the incumbent agency's workforce. Sometimes the issue was service, but more often
TEKsystems Battling Recruiter Class Actions on Both Coasts
On February 13, 2024, California U.S. District Court Judge Jacqueline Scott Corley certified a class of California TEKsystems recruiters in a wage/hour overtime case against the Allegis Group subsidiary.
Class Action Against Staffing Firm Points to Client's Faulty Timekeeping System
Last week we warned that: "Staffing firms are especially vulnerable to clients that control the timekeeping systems, and this can include the time entry systems of vendor management or managed service companies." And right on cue, we have a California class action that illustrates the point.
Another Shoe Drops in Lawsuit Against Legal Recruiter
Former employer wins attorney's fees - final award now $6,391,732.
Hayes Medical Staffing Wins Injunction Against Jobot Hires
But court declines to enforce noncompete agreements.
2023 HIGHLIGHTS
2023 was the first full year of publication for Staffing Legal News, and I am gratified by the response, especially the encouragement and positive comments from subscribers.
State Salary Minimums for 2024
Here are the state rates for 2024 that are higher than the federal minimum:
Massachusetts Set to Join States Requiring Pay Transparency
As predicted, the pay transparency train continues to roll, with Massachusetts on the verge of passing its own pay transparency requirements.
Illinois Paid Leave Alert - Chicago ups the Ante for City Employers
My recent update on the Illinois "any reason" paid leave law requires supplementation, because the City of Chicago has just passed its own controlling leave law that goes into effect on January 1, 2024. It's a business killer if there ever was one.
14 Year Battle Between Recruiter and Major, Lindsey & Africa Not Over Yet
What is it about legal search recruiters? This is my second story in a year about a massive damage award against a legal search recruiter for engaging in unfair competition, only this one has a twist.
Kforce Pays $900,000 to Settle Justice Department Claims of Hiring Discrimination
In a Press Release dated November 15, 2023, the US Department of Justice announced that it had reached a resolution of claims that staffing giant Kforce discriminated in hiring on the basis of citizenship.
Update on Mass Tempnapping Lawsuit
Last year SLN reported on a rare workforce transfer case in which it is alleged that a Business Development Manager for Surge Staffing left for a competitor, Resolve HR, LLC, and took 36 temps on assignment with her.
Staffing Firm Owner and Manager Hit With $1.4 Million in Fines by Massachusetts AG
Many business owners are not aware that they are potentially subject to personal liability under the federal Fair Labor Standards Act for wage/hour violations. Some states impose personal liability as well.
Two Staffing Agencies Fall Victim to Classic Payrolling Scam
If it seems too good to be true, it probably is...
(Editor's note: I am hoping this story will help prevent future scams of this type. Toward that end, I am making it available to the public as well as my savvy subscribers, who are always up to
Reminder: New I-9 Form Required Starting November 1
Remote document verification authorized if you use e-verify
Effective November 1, 2023, employers must use the updated I-9 form that was issued by USCIS in August. You can access the new form here: https://www.uscis.gov/i-9
As previously reported, the COVID-era rule allowing remote document verification has expired.
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
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
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
