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Live Webinar

90-minute live streaming program
  • October 3
  • 1:00 - 2:30 pm EST

Temporary Staffing Agencies and the Legal Risks Attached

October 3

Are you in compliance with the utilization of temporary staffing agencies?

Many employers who contract with temporary staffing agencies assume that, because they are not the on paper employer of the workers provided by the agency, they need not worry about legal compliance issues that they face with their own W-2 employees. This is often not the case. A staffing agency client that lacks understanding of how and under what circumstances the law may deem it a joint or co-employer of the staffing agency’s employees cannot take the necessary steps to ensure compliance with the law and minimize its risks. Staffing agencies, in addition to facing similar issues as its clients, also face the challenge of ensuring that their employment practices comply with the frequently inconsistent and hyper-technical employment laws and regulations of each state and jurisdiction in which they conduct business. This challenge is particularly acute for swiftly growing agencies that are expanding their presence nationwide faster than they can keep up with the employment laws of each new jurisdiction where they set up shop. This topic will teach both staffing agencies and staffing agency clients to issue spot, i.e., to recognize risky policies and practices that could expose them and their clients and business partners to employment claims and liability. The ability to take prophylactic measures to prevent risky situations is critical to satisfying and productive relationships between staffing agencies and their clients. This information will discuss best practices for mitigating the legal risks inherent in and unique to staffing relationships.

Learning Objectives

  • You will be able to explain the legal risks of entering a business relationship with a staffing agency or a staffing agency client and how to respond to and mitigate them.
  • You will be able to identify areas where your client needs to take additional precautions to ensure compliance with laws unique to the state or jurisdiction and to the staffing industry.
  • You will be able to recognize risky policies and practices that could expose your client to liability as a joint or co-employer.
  • You will be able to review indemnity provisions in contracts between temporary staffing agencies and their clients for effectiveness and enforceability, and between staffing companies and their employees.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

How to Manage Risks of Joint and Co-Employment Relationships Between Staffing Agencies and Their Clients
  • Potential Shared Liability Under Federal and State Laws
  • Contractual Indemnity Protections
  • Responding to Allegations of Employment Law Violations Against Joint or Co-Employer
  • Need for Separate Policies and Benefits
How to Ensure Compliance With Differing, and Sometimes Inconsistent, Laws in Different States and Jurisdictions
  • Inconsistent Laws Regarding Post-Employment Restrictive Covenants
  • Highly Technical Wage and Hour Requirements (e.g., Time Keeping, Timely Payment of Final Wages, Payroll and Personnel Records, Content of Pay Statements, Wage Garnishments and Deductions, Meal and Rest Break Compliance)
  • Procedures and Guidelines Propagated by State Agencies Tasked With Enforcing Wage and Hour and Other Employment Laws
  • Managing Leaves of Absence
  • Inventions Assignments and Confidentiality Agreements
  • Background Checks
  • EEO Compliance
Other Legal Issues Facing Staffing Agencies and Clients of Staffing Agencies
  • Union Organizing Efforts and Risks
  • Immigration Law Compliance
  • Recordkeeping Requirements
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for human resource managers, benefits managers,personnel and employee relations managers, presidents, vice presidents, business owners and managers, safety directors, compliance officers, operations managers, supervisors, accountants and attorneys.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tyler M. Paetkau

Tyler M. Paetkau

Procopio, Cory, Hargreaves & Savitch LLP

  • Partner in the law firm of Procopio, Cory, Hargreaves & Savitch LLP
  • Practice emphasizes all aspects of employment law
  • Admissions: California; U.S. District Court, Southern District of California; U.S. District Court, Northern District of California; U.S. District Court, Central District of California; U.S. District Court, Eastern District of California; Supreme Court of the United States; U.S. Court of Appeals for the Ninth Circuit
  • Can be contacted at 650-645-9027 or [email protected]
Olga Savage

Olga Savage

Procopio, Cory, Hargreaves & Savitch LLP

  • Senior associate in the law firm of Procopio, Cory, Hargreaves & Savitch LLP
  • Practice emphasizes all aspects of employment law
  • Admissions: California (state and federal courts)
  • J.D. degree, Stanford University
  • Can be contacted at 650-645-9033 or [email protected]
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406389
Published 2019
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