Archives: Staffing Agency

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

By Eric W. Witt on November 8, 2019 Posted in California, Staffing Agency

In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and Housing Act (FEHA). In answering this question, the court also provided useful guidance to California businesses on the standard for whether an … Continue Reading

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

By Todd Lebowitz on August 30, 2015 Posted in NLRB, Staffing Agency

Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective bargaining purposes. Throwing a gigantic bone to unions, the NLRB overturned 30 years of its own precedent to create … Continue Reading

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

By Michael Lombardino on August 26, 2015 Posted in EEOC, Staffing Agency

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two employers in a staff-leasing/joint-employer relationship. The Fifth Circuit’s New Test for Staffing Company Liability. In Burton, the Fifth … Continue Reading

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

By Todd Lebowitz on July 25, 2014 Posted in Healthcare, Independent Contractor, Staffing Agency

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a staffing agency. It should have. The issue of whether a staffing agency nurse was a joint employee of the hospital turned into … Continue Reading

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

By Todd Lebowitz on September 23, 2013 Posted in Discrimination, New York, Staffing Agency

Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the workers. Both companies may be held liable for retaliation and wrongful termination, a federal court in New York has just … Continue Reading