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February 29, 2012

Headline News

Legal Watch

Trends and Research

ASA for You

Headline News


Smart-Tek Solutions Inc. Exceeds Quarterly Projections and Realizes 13.4% Increase in Staffed Nurses
PRNewswire (02/28/12)

Solvis Medical Staffing, a staffing firm in Southern California, was acquired by Smart-Tek Solutions Inc. in October. Solvis recently announced that its nursing business surpassed projections for the fourth quarter. According to Smart-Tek chief executive Brian Bonar, staffed nurses rose 13.4% in the fourth quarter of 2011 from the same period in 2010.

GDP Revised Up to 3% in Fourth Quarter
Reuters (02/29/12)

The U.S. economy grew 3% in the fourth quarter, faster than originally reported, mainly because of increased commercial construction and consumer spending and lower imports, the U.S. Commerce Department reported today. Economists polled by Reuters had expected fourth-quarter GDP would be unrevised at a 2.8% pace. The economy grew at a 1.8% pace in the third quarter. While the build-up in business inventories still accounted for much of rise in output in the last quarter, the revisions to GDP unveiled an improved tone for the first-quarter growth outlook. Businesses were not as aggressive in their restocking efforts, which should help to allay fears of a sharper slowdown in output this quarter.

Consumer Confidence at One-year High in February
CNBC.com (02/28/12)

Consumer confidence hit a one-year high this month as optimism about the labor market offset concerns over rising gasoline prices, the Conference Board reports. The organization’s index of consumer attitudes increased to 70.8 in February—the highest reading since February last year—from an upwardly revised 61.5 in January. Economists polled by Reuters had forecast the index rising to 63.0 from a previously reported reading of 61.1 in January.

“Consumers are considerably less pessimistic about current business and labor market conditions than they were in January,” says Lynn Franco, director of the Conference Board Consumer Research Center, adding that “despite further increases in gas prices, they are more optimistic about the short-term outlook for the economy, job prospects, and their financial situation.”

Company to Add 200 Jobs in Next Five Years
Middletown Journal (Ohio) (02/28/12) Justin McClelland

Consulting, training, and staffing firm Top Gun Performance announced Feb. 28 a $4 million expansion of its headquarters, a move that could eventually result in more than 200 additional jobs in Ohio. The company, which serves Fortune 500 clients, is expected to increase its employment from 28 to more than 200 over the next five years, with an average salary of $60,000, according to company president Steve Osborne.


Legal Watch


ASA Urges Pennsylvania Insurance Commissioner to End Unfair Workers’ Compensation Rates
American Staffing Association (02/29/12) Ed Lenz

ASA has been waging a two-year battle with the state workers’ compensation rating agency in Pennsylvania to allow staffing firms that operate in the state to use their clients’ classification codes to determine workers’ compensation insurance rates.

Yesterday, ASA and the Mid-Atlantic Staffing Association, an ASA-affiliated chapter, filed an appeal with the state insurance commissioner on behalf of the staffing industry and two individually named Pennsylvania staffing firms. The appeal urges the commissioner to direct the agency to change the system and requests a hearing for the purpose of presenting the industry’s arguments.

Pennsylvania and Delaware are the only states that don’t allow temporary staffing firms, in some manner, to use their clients’ individual codes to determine workers’ compensation rates. ASA members can read the association’s letter, which summarizes the industry’s arguments made to the insurance commissioner.

With Revamped Program, Feds Reach Out to Businesses on Hiring Issues
Las Vegas Sun (02/29/12) Tovin Lapan

U.S. Immigration and Customs Enforcement is trying to foster more collaboration between employers and the federal government by sponsoring seminars to introduce businesses to a program that aims to eliminate the hiring of workers without a legal status. The ICE Mutual Agreement Between Government and Employers (IMAGE) enables employers to enter into an agreement with ICE to follow certain procedures, including using the federal E-Verify system and conducting an annual internal audit of employment eligibility documents, while ICE provides one-on-one training, a local liaison to work with the employer, and a guarantee that program participants will not be audited for at least two years.

EEOC Issues New Guidelines on Veteran Employment
Shreveport Times (Louisiana) (02/28/12)

The U.S. Equal Employment Opportunity Commission has released two updated publications addressing matters related to veterans with disabilities and the Americans With Disabilities Act. The publications reflect changes to the law stemming from the ADA Amendments Act of 2008, which make it easier for veterans with a broad range of disabilities to obtain reasonable accommodations that will allow them to work successfully.

The Guide for Employers shows how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act and how companies can prevent discrimination toward the disabled and provide reasonable accommodations. The Guide for Wounded Veterans answers questions that disabled veterans may have about the protections they are afforded when they want to return to their previous jobs or look for civilian jobs.

Michigan Amends Its UI Law on Numerous Topics
CCH (02/29/12)

Michigan recently made several changes to its Employment Security Act dealing with unemployment insurance. Among other things, the act now requires those seeking unemployment benefits to be actively seeking work and details how they must report the progress of their employment search. It also touches upon seasonal employment, indicating that seasonal workers can receive unemployment benefits payable only for weeks of employment occurring during the normal seasonal work period. The amendment updates the definition of a seasonal worker and states that employers can apply to the Unemployment Insurance Agency to be designated a seasonal employer.


Trends and Research


Small Firms, Start-Ups Drive Crowdsourcing Growth
Wall Street Journal Online (02/28/12) Angus Loten

An increasing number of start-ups and small firms are turning to the strategy of crowdsourcing for a variety of one-off jobs such as simple data entry, software testing, Web site design, advertising, and marketing. Crowdsourced labor usually involves breaking a project into smaller component tasks and outsourcing those tasks out to the general public by posting the requests on a Web site.

Crowdsourcing providers reported a 75% increase in revenue last year to $376 million, up from $215 million in 2010 and $141 million in 2009, according to a report by Crowdsourcing.org. Start-ups and small firms accounted for more than 60% of the sector’s total revenue last year. The number of crowdsourcing workers has grown by more 100% each year, reaching 6.3 million last year, according to the report.

Crowdsourcing can cost companies less than half as much as more traditional outsourcing firms. However, a major concern is that crowdsourced labor risks creating what Harvard Law School professor Jonathan Zittrain has called “digital sweatshops,” where workers who may be underage work long hours on mind-numbing tasks for very little or even no money. Another drawback is that in some cases, crowdsourced workers assigned to short tasks are not likely to feel any real engagement with a business, says Michael Alter, the president of small-business payroll firm SurePayroll.


ASA for You


ASAPro Webinars—Employee Safety Today; Legal Updates Tomorrow

This afternoon, attend the ASAPro Webinar “Safety Best Practices: Successful Incentive Programs.” This is the second in a series of ASAPro Webinars that examine the components of safety best practices. This Webinar is sponsored by People 2.0.

Tomorrow, March 1, don’t miss the ASAPro Webinar “Ask the ASA Experts—Current Legal and Legislative Updates.” ASA legal experts will discuss current industry legal and legislative issues.

All Webinars take place from 3 to 4 p.m. Eastern time. They’re free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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Learn the Implications of the Paperless Office at the 2012 ASA Staffing Law Conference

Technology is continually changing. Paperless record keeping can reduce document overload, but it also can present your firm with additional responsibilities.

The 2012 ASA Staffing Law Conference—April 17–18 in Washington, DC—will feature the session “Paperless HR—The Do’s and Don’ts of Electronic Recordkeeping,” which will address how to go paperless and explain the correct way to complete and store electronic Forms I-9 and other personnel records.

Learn more about the conference and find out what Charlie Cook, the pre-eminent authority on U.S. elections and political trends, will say at the fourth annual conference devoted to legal and regulatory issues facing staffing firms.
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February 28, 2012


Headline News
CDI Corp. Reports Fourth Quarter and Full Year 2011 Results
Heidrick & Struggles Reports Fourth Quarter and 2011 Financial Results
Durable-Goods Orders Drop 4%
Hiring Surges as Detroit Automakers Race to Keep up With Demand
Lowe’s, Home Depot Hiring Thousands for Spring Season

Legal Watch
2013 H-1B Visa Season Kicks Off Soon
Navigating the Challenges of ADA
EEOC’s Strategic Plan and Five Tips for Employers Seeking a Good Mediation

Trends and Research
Study Takes Mystery Out of Hiring Tech Women

ASA for You
ASAPro Webinars This Week—Social Media, Employee Safety, Legal Updates

Headline News


CDI Corp. Reports Fourth Quarter and Full Year 2011 Results
CDI Corp. News Release (02/28/12)

CDI Corp. today reported results for the fourth quarter and full year ended Dec. 31, 2011. For the fourth quarter, the company reported revenue of $268.0 million, an increase of 8.0% versus the year-ago quarter. CDI Corp. reported a fourth quarter net loss of $0.7 million, compared with a net loss of $14.9 million in the prior year quarter.

For the year, the company reported revenue of $1.060 billion, a 14.4% increase over $926.3 million reported in 2010. Net income in 2011 increased to $14.8 million, versus a net loss of $10.9 million in 2010. For the first quarter ending March 31, 2012, the company anticipates revenue increases in the range of 4% to 6% compared with the year-ago first quarter. Beginning in the first quarter 2012, CDI will report on three operating segments: Professional Services Staffing; Management Recruiters International Inc.; and Global Engineering and Technology Solutions.

Heidrick & Struggles Reports Fourth Quarter and 2011 Financial Results
Heidrick & Struggles International Inc. News Release (02/28/12)

Heidrick & Struggles International Inc. today announced financial results for its fourth quarter and year ended Dec. 31, 2011. The company reported 2011 net revenue of $527.8 million, a 7.0% increase over the previous year, with the Americas region up 12.1%. Consolidated net revenue was $127.2 million in the fourth quarter, the same as in the 2010 fourth quarter. Year over year, net revenue increased 4.3% in the Americas for the quarter.

The net loss was $4.1 million for the quarter, compared with net income of $5.2 million reported for the fourth quarter in 2010. The reported net loss for 2011 was $33.7 million, compared with net income of $7.5 million reported for 2010.

Durable-Goods Orders Drop 4%
Wall Street Journal (02/28/12) Eric Morath; Tom Barkley

Orders for long-lasting U.S. goods fell a bigger-than-expected 4.0% in January, as demand for a broad array of products declined, the U.S. Commerce Department reported today. Manufacturers’ orders for goods designed to last at least three years decreased to a seasonally adjusted $206.09 billion. The 4.0% drop was much larger than the 1.1% decline economists surveyed by Dow Jones had expected. Before January, durable-goods orders had increased the three previous months, including gains of 3.2% in December and 4.2% in November. Orders for nondefense capital goods excluding aircraft declined by 4.5% in January—the biggest drop in a year—suggesting concern among businesses about the uneven economic recovery.

Hiring Surges as Detroit Automakers Race to Keep up With Demand
Austin American-Statesman (Texas) (02/27/12) Tom Krisher

Automobile sales are soaring, and auto plants are in need of workers, but the newfound success is straining the factory network of the automakers, as well as the companies that make the thousands of parts that go into each vehicle. Auto executives are hesitant to add too many workers. Still, carmakers and parts companies added more than 38,000 jobs last year, reaching an annual average of 717,000. Automakers have announced plans to add 13,000 jobs this year, mostly on night shifts. However, many parts suppliers are having trouble finding people with the right skills.

Lowe’s, Home Depot Hiring Thousands for Spring Season
FINS (02/27/2012) Damian Ghigliotty

The home improvement chains Home Depot and Lowe’s are hiring temporary workers to meet demand during the busy spring season, and they note that temporary workers can view seasonal employment as opening the door to a permanent, full-time position. Home Depot says around 50% of the seasonal workers hired last year were given permanent positions. The company is hiring 70,000 temporary workers, having filled 20% of the positions already, while Lowe’s is taking on 40,000 seasonal workers. Seasonal employees will work 20 to 25 hours, with wages based on position, skills, and past experience, and job duration based on the market. The companies are accepting online applications for seasonal employees, and they are looking for applicants with customer service skills and previous experience in the retail or home improvement trades.


Legal Watch


2013 H-1B Visa Season Kicks Off Soon
Lexology (02/27/12) Debra Dowd

Immigration lawyers around the world will be readying H-1B visa petitions over the next month targeting the April 1 filing date. Federal law restricts the number of H-1B visas available each fiscal year to 20,000 for sponsored individuals with a U.S. master’s degree or Ph.D., and 65,000 for sponsored individuals with a bachelor’s degree (or higher) regardless of where earned. Once the master’s cap is reached, those with a U.S. master’s degree or Ph.D. will be considered in the regular cap.

As no one can predict with certainty when the cap will be reached, employers needing new H-1B visas for the 2013 fiscal year are encouraged to act immediately to ready their H-1B petitions for filing. A petition must be filed with U.S. Citizenship and Immigration Services before it announces that the cap has been reached in order for the H-1B visa to be available for the fiscal year.

Navigating the Challenges of ADA
BusinessWest Online (02/28/12) Karina L. Schrengohst

Employers can find it difficult to navigate the requirements of the federal Americans With Disabilities Act. Employees may not specifically state that they need accommodation for their disability, and they are not legally required to reference ADA or use the words “disability” or “reasonable accommodation” when communicating to employers. However, supervisors and managers must recognize when a request for accommodation is being made, and under the law, they must provide a reasonable accommodation unless doing so would cause the employer undue hardship. Made on a case-by-case basis, reasonable accommodations could include modified work schedules, time off, wheelchair accessibility, or providing an interpreter, and whether providing such accommodations constitutes an undue hardship is based on the difficulty, disruption, and cost of providing the accommodation; they must be significant to be considered an undue hardship.

Employers also must engage in an informal, interactive dialogue with employees about the limitations caused by their disability and the options for reasonable accommodation. Employees should state an effective and preferred accommodation, and the employers could respond with alternatives, ensuring that they work together on a solution. The law does not mandate that employers provide the employees’ preferred accommodation, and they can choose one that is more cost-effective and less burdensome. Employers should keep in mind that an expanded definition of disability means more individuals are protected by the ADA, and employers are at greater risk of noncompliance. However, they can minimize this risk by ensuring that supervisors and managers are trained to identify when employees need an accommodation and are requesting one, and they should be ready to interact with employees to determine a reasonable accommodation.

EEOC’s Strategic Plan and Five Tips for Employers Seeking a Good Mediation
JDSupra (02/24/2012) Robin E. Shea

The U.S. Equal Employment Opportunity Commission’s strategic plan for the next four years involves focusing on systemic discrimination, enforcement, and making examples of companies. Companies that find themselves caught up in an EEOC enforcement action should use the EEOC’s mediation program, which is free. During the mediation process, refrain from verbally accosting your former employee. Civility can go a long way in resolving the issues at hand. See how much progress you can make with opposing counsel before entering the formal mediation process. If a deal is reached, have it signed on the spot, even if you’ll be putting together a formal agreement later.


Trends and Research


Study Takes Mystery Out of Hiring Tech Women
UPI (02/27/12) Mitzi Perdue

According to a new report from the Anita Borg Institute for Women and Technology, companies have many practical ways to hire more women in the science, technology, engineering, and math fields. One thing hiring managers can do to prevent unconscious gender bias during the application prescreening process is to conceal candidates’ names. Furthermore, every open position should include a viable female applicant. Companies can also provide cash rewards to encourage female employees to take advantage of their personal social networks to find female applicants.


ASA for You


ASAPro Webinars This Week—Social Media, Employee Safety, Legal Updates

Don’t miss this week’s ASAPro Webinars on hot topics that can help your staffing firm.

This afternoon, attend the ASAPro Webinar “Social Media—Get Beyond the Hype and Find Out the True Business Value.” You’ll learn how staffing and recruiting firms are leveraging social networks in their sales and recruiting efforts.

Tomorrow it’s “Safety Best Practices: Successful Incentive Programs.” This is the second in a series of ASAPro Webinars that examine the components of safety best practices. This Webinar is sponsored by People 2.0.

Thursday, March 1, don’t miss the ASAPro Webinar “Ask the ASA Experts—Current Legal and Legislative Updates.” ASA legal experts will discuss current industry legal and legislative issues.

All Webinars take place from 3 to 4 p.m. Eastern time. They’re free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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February 27, 2012

ASA Explains Proposed Employer Rules Under Affordable Care Act


As reported in the Feb. 10 issue of Staffing Today, the U.S. Department of Labor has issued answers to frequently asked questions outlining the guidance expected to be issued by the U.S. Internal Revenue Service and the U.S. Department of the Treasury for defining who is a “full-time employee” for purposes of an employer’s obligation to offer health coverage or pay penalties under the Affordable Care Act.

The FAQs also address a proposal to provide a “safe harbor” that would allow employers to determine whether the health plans offered are “affordable,” as well as the automatic-enrollment requirements applicable to employers with more than 200 employees. ASA members can read an analysis of the FAQs that the association’s legal staff prepared to determine the likely effect of the guidance on staffing firms.
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Headline News
No Big Pickup in Job Growth in 2012, Forecasters Say

Legal Watch
Who Owns Your Twitter Followers or LinkedIn Connections?
Proposal to Ban Unemployment Discrimination Heats Up
DOL’s ‘Updated’ FMLA Forms List New 2015 Expiration Date

Trends and Research
Digital Help for Law Firms: E-Docs Lead to Hiring
Will Manufacturing Hiring Demand Turn Around in 2012?
Analysis: U.S. Factory Jobs Rebound Seen Destined to Fizzle
Freelancers Multiply as Economy Struggles

ASA for You
ASAPro Webinars This Week—Social Media, Employee Safety, Legal Updates

Headline News


No Big Pickup in Job Growth in 2012, Forecasters Say
Los Angeles Times (02/27/12) Don Lee

Forecasters at the National Association for Business Economics expect job growth to average 170,000 a month in 2012, up from the 127,000 that the group’s panel projected for 2012 in November. The new forecast, to be released today, predicts moderate growth ahead for jobs and the economy, despite the 203,000 net new jobs added in December and 243,000 in January. The economists surveyed foresee U.S. gross domestic product, the broadest measure of economic activity, expanding 2.3% this year after growing at a sluggish 1.7% rate in 2011.

One reason job growth is not likely to sustain the pace of the last two months is that the recent hiring spurt is seen as having been inflated by unseasonably warm weather, says Richard DeKaser, deputy chief economist at the Parthenon Group and an analyst for the association’s survey. Productivity also is expected to pick up from very low levels in the fourth quarter, he adds, meaning employers will be able to satisfy more of the demand for goods and services by increasing output from existing employees and machines.


Legal Watch


Who Owns Your Twitter Followers or LinkedIn Connections?
JDSupra (02/22/2012) Travis Crabtree

Companies should make contractually clear who owns the social media followings developed by their employees. If ownership is not covered in a contract, then employees and companies should be logical about how they create and use the account. People tweeting as individuals, for example, should not put their company’s brand in their Twitter name. And companies that are paying people to bring in followers or connections should make them use a branded handle. Until more court cases crop up, the answer of who owns the account will be very fact specific; the most important facts will be whether the followers are there because of the brand or because of the individual.

Proposal to Ban Unemployment Discrimination Heats Up
JDSupra (02/24/2012)

In Connecticut, two bills are under consideration to prevent employers from discriminating against the unemployed when making hiring decisions. Section 8 of Senate Bill 1 and Senate Bill 79 would govern almost every employer in the state. They would amend Conn. Gen. Stat. Sec. 46a-60(a)(6) so that employers could not discriminate against the unemployed in job ads and would add Conn. Gen. Stat. Sec. 46a-60(a)(12) to make refusing to offer someone a job or refusing to refer someone for employment solely because they are unemployed a discriminatory practice.

DOL’s ‘Updated’ FMLA Forms List New 2015 Expiration Date
Lexology (02/20/12) Kerry W. Langan

Updated Family and Medical Leave Act model notices and medical certification forms have been released by the U.S. Department of Labor with an expiration date of Feb. 28, 2015. The previous notices and forms expired at the end of last year. The following forms have been updated: Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E), Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F), Notice of Eligibility and Rights & Responsibilities (WH-381), Designation Notice (WH-382), Certification of Qualifying Exigency For Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember—for Military Family Leave (WH-385).

The forms do not reflect changes in the FMLA since it was amended in November 2008 or 2010 amendments regarding military family leave; only the forms’ expiration date was modified. However, since DOL published proposed changes to the FMLA on Feb. 15, experts say the model forms could undergo significant changes before the new expiration date.


Trends and Research


Digital Help for Law Firms: E-Docs Lead to Hiring
TechFlash (02/24/12) Brad Broberg

The demand for litigation support personnel—an emerging field where the law and technology overlap—has prompted increased hiring in the legal field. Litigation support hiring among recruiting firm Robert Half Legal clients increased “well in excess of double digits” in terms of percentage growth between 2010 and 2011, says Diane Domeyer of Robert Half Legal, where Domeyer oversees West Coast operations.

A national survey released by the litigation support staffing firm the Cowen Group found that 57% of law firms nationally anticipate hiring litigation support staff in 2012 with an average growth rate of 13.7%. While firms are not eliminating outside suppliers, the growing demand for litigation support makes it cost-effective for firms to bring more work in-house, creating additional billable hours while saving clients money by eliminating the middleman. The biggest driver in the litigation support boom is the proliferation of digital documents and communication. “Technology is playing a larger and larger role (in litigation) and a lot of firms are trying to beef that up,” says Shelly Langley, owner of Langley Recruiting, a Seattle legal staffing firm. “I’m seeing more paralegals being hired with database and e-discovery experience.”

Will Manufacturing Hiring Demand Turn Around in 2012?
Wanted Analytics (02/24/12) Abby Lombardi

After several unsteady years, hiring among manufacturers began improving in 2011, but declined drastically during the last several months of the year. However, in January 2012, there were 52,000 job ads posted online, an uptick from December. The most demanded field by manufacturers during January was engineering, accounting for more than 9,600 of the jobs advertised in the manufacturing sector. Industrial engineer was the single most advertised occupation in January, with more than 4,200 job openings, with mechanical engineers and electrical engineers also highly in demand.

Analysis: U.S. Factory Jobs Rebound Seen Destined to Fizzle
Chicago Tribune (02/26/12) Jason Lange

U.S. manufacturers are hiring at the fastest rate in more than 10 years, but technological advances could put an end to that trend in the coming years. In 2011, factories added 237,000 jobs, and that rate is likely to continue this year. Over the long term, however, factory job creation will likely stagnate as technology advances, and manufacturers’ role in the labor market is expected to decline. According to a U.S. Department of Labor report published Feb. 1, factory employment will fall to 11.5 million employees by 2020, down from 11.9 million in January 2012.

Freelancers Multiply as Economy Struggles
Southgate News Herald (Michigan) (02/24/12)

As the economy continues to struggle, freelancers are in great demand as companies trim payrolls and turn to part-time and contract workers. According to data from Kelly Services, approximately 44% of the active work force in 2011 were freelancers, a 70% increase since 2008. By 2020, more than 50% of the private work force will comprise freelancers, independent contractors, and solo entrepreneurs, according to MBO Partners.

Fabio Rosati, the chief executive officer of Elance, says there has been a “structural change in traditional employment” as companies increasingly adopt online and contingent work as a key business strategy. The jobs in greatest demand include software development, mobile technology, graphic design, content writing, Internet marketing, and specialists in WordPress, Facebook, and Twitter.


ASA for You


ASAPro Webinars This Week—Social Media, Employee Safety, Legal Updates

Don’t miss this week’s ASAPro Webinars on hot topics that can help your staffing firm.

Tomorrow is the ASAPro Webinar “Social Media—Get Beyond the Hype and Find Out the True Business Value.” You’ll learn how staffing and recruiting firms are leveraging social networks in their sales and recruiting efforts.

Wednesday, Feb. 29, it’s “Safety Best Practices: Successful Incentive Programs.” This is the second in a series of ASAPro Webinars that examine the components of safety best practices. This Webinar is sponsored by People 2.0.

Thursday, March 1, attend the ASAPro Webinar “Ask the ASA Experts—Current Legal and Legislative Updates.” ASA legal experts will discuss current industry legal and legislative issues.

All Webinars take place from 3 to 4 p.m. Eastern time. They’re free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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February 24, 2012

Payroll Tax Cut Extension Bill Includes ASA-Supported Unemployment Insurance Reforms


The payroll tax cut extension signed into law earlier this week also contains some significant unemployment insurance reforms, which were strongly supported by ASA. Language in the new law overturns a U.S. Department of Labor ban on states’ screening and testing UI applicants for illegal drugs. States have also been given unprecedented flexibility in how they can use UI benefit funds for promoting pro-work reforms, and—for the first time ever—national job search requirements have been established for everyone collecting state and federal UI benefits.

The new law also lowers the maximum number of weeks of UI benefits allowed based on a state’s unemployment rate (see this chart).
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Headline News

Legal Watch

ASA for You

Headline News


Hudson Highland Group Reports 2011 Full Year and Fourth Quarter Results
Hudson Highland Group News Release (02/23/12)

Hudson Highland Group Inc. has announced financial results for the full year and fourth quarter ended Dec. 31, 2011. The company earned revenue of $222.7 million for the fourth quarter, an increase of 1.7% over the fourth quarter of 2010. Net income of $3.3 million compared with net income of $1.2 million for the fourth quarter of 2010. Revenue for the full year was $933.7 million, an increase of 17.5% from 2010. Net income of $10.9 million for the year compared with net loss of $4.7 million in 2010.

In 2011, Hudson Americas delivered one of its best-performing years, with gross margin increasing 29% compared with 2010. Temporary contracting gross margin for Hudson Americas increased 60 basis points to 22.2% in 2011.

Analysts International Corp. Reports Fourth Quarter and Fiscal Year 2011 Financial Results
Analysts International Corp. News Release (02/23/12)

Analysts International Corp. has announced financial results for the fourth quarter and fiscal year 2011 ended on Dec. 31, 2011. AIC reported fourth quarter revenue of $27.1 million as compared with 2010 fourth quarter revenue of $25.3 million. AIC reported a 2011 fourth quarter net income of $1.3 million as compared with a 2010 fourth quarter net income of $0.9 million.

For fiscal year 2011, AIC reported revenue of $109.1 million compared with $106.7 million in fiscal year 2010. The net income for fiscal 2011 was $3.3 million, compared with a net loss of $0.5 million in the prior year. The fiscal 2011 net income included restructuring charges related to severance and office closures of $0.8 million. Excluding these charges, the company’s net income was $4.1 million in fiscal 2011.

RCM Technologies Inc. Announces 2011 Fourth Quarter and Year-End Results
RCM Technologies News Release (02/22/2012)

RCM Technologies Inc. has reported that for the 13-week period ended Dec. 31, 2011, its revenue was $35 million and its net income was $1.1 million. These figures compare to revenue of $36.4 million and net income of $1.1 million for the 13-week period ended Dec. 31, 2010. During the 52-week period ended Dec. 31, 2011, the company’s revenue was $143.8 million, down from $162 million during the prior 52-week period. Its net income was $4.3 million, down from $5.8 million for the previous year.

Inavero Announces Official 2012 Best of Staffing List
Inavero News Release (02/23/12)

Portland, OR-based satisfaction research firm Inavero, an ASA corporate partner, announced its 2012 Best of Staffing award lists on Feb. 23, presented in partnership with ASA corporate partner CareerBuilder. The Best of Staffing lists recognize staffing firms that receive remarkable reviews from their clients and the people they help find jobs.

“The staffing industry continues to play a key role in helping to revitalize the economy,” says Eric Gregg, Inavero’s founder and chief executive officer. “Staffing firms give growth-minded organizations a more flexible alternative to recruiting their own employees, letting both the employee and employer determine if the fit is right for a more permanent position. … The Best of Staffing lists are a resource for businesses and talent who are trying to find staffing firms that provide exceptional service.”

Mass Layoffs Summary
U.S. Bureau of Labor Statistics (02/23/12)

Employers took 1,434 mass layoff actions in January involving 129,920 workers, seasonally adjusted, as measured by new filings for unemployment insurance benefits during the month, reports the U.S. Bureau of Labor Statistics. Mass layoff events in January increased by 50 from December, while the number of associated initial claims decreased by 15,728.

The manufacturing sector accounted for 25% of mass layoff events in January. The temporary help services industry had 13,692 mass layoff initial claims for the month.

Claims Report Shows Labor Market Strengthening
Wall Street Journal (02/24/12) Jeff Bater; Tom Barkley

The number of U.S. workers applying for unemployment benefits remained unchanged last week, but the four-week average is dropping—an indication that the U.S. jobs market is gradually improving. Still, the unemployment rate is likely to stay high through 2012. The Federal Reserve anticipates modest economic growth through the rest of the year. The U.S. Department of Labor reported Feb. 23 that the number of workers drawing unemployment benefits for more than a week fell by 52,000 to 3,392,000 in the week ended Feb. 11.

Jobless Claims—A Good Sign or a Weather Fluke?
CNBC News (02/23/12) Patti Domm

During the week ending Feb. 18, jobless claims held steady at 351,000, and continuing claims dropped by 52,000. Barclays Capital economists predict that 225,000 nonfarm jobs were added in February, and the U.S. unemployment rate fell to 8.1%. Although claims are improving, Credit Suisse economist Jonathan Basile says the unseasonably warm winter may be responsible, especially given that more construction jobs have opened at a time of year when layoffs are common. “I think we’re going to have to get through March, April, and May data to sort out whether this strength in jobless claims is a weather phenomena or a fundamental move,” he says.

Measures Aim to End Bias Against Long-Term Jobless
Wall Street Journal (02/24/12) Shelly Banjo

Legislation that would make it illegal for companies to discriminate against the unemployed are being considered in more than 12 states, as the percentage of the long-term unemployed has exceeded 40% since December 2009, the highest rate since 1948. Connecticut is considering a bill that would make the unemployed a protected class. Measures proposed in California and Florida would fine companies $1,000 and as much as $10,000, respectively, per violation for discriminating against the unemployed in job postings or hiring decisions. Brookings Institution senior fellow Gary Burtless says companies are wary of hiring people who have been out of work for long periods due to concerns about their skills eroding over time or reasons other managers have not hired them.

Workers’ Comp Assessments Five Times Higher for NY State Employers: Analysis
Workforce (02/23/12) Roberto Ceniceros

Companies in New York state pay almost five times more in workers’ compensation insurance premium assessments than do companies in other states, according to a report by the Workers’ Compensation Policy Institute. Many states fund their workers’ compensation systems through surcharges on employers, but the average premium assessment among 32 states that impose them is 4.2%. In contrast, companies in New York state pay assessments totaling 20.2% of their premiums, according to the report, “Workers’ Compensation Assessments: The Hidden Tax Confronting Employers and Taxpayers.” Meanwhile, companies in Minnesota, the state with the next highest assessment, pay an 8.9% premium assessment.


Legal Watch


Contractor Asks: Are Pre-Employment Physical Exams Legal? Depends.
Best Practices Construction Law (02/24/12) Matt DeVries

Construction contractors increasingly want to implement pre-employment physical exams to ensure applicants are physically capable of performing the job and to minimize the chances the company will have to defend a workers’ compensation claim. To comply with both state and federal law, however, certain conditions must be met. An offer of employment should be made, contingent on the results of a subsequent physical; the physical should focus only on the job-related abilities that are key to the job; and the physical should be required of everyone who is contingently offered the job.

If the physical finds there is a limitation and the company decides to withdraw the contingent offer of employment, it must notify the applicant within 10 days of the decision to withdraw and must give a medical basis for withdrawing the offer.


ASA for You


Monster Worldwide: New ASA Corporate Partner

A longtime supporter of ASA, Monster has elevated its commitment to the association by becoming a corporate partner. Monster—a global leader in connecting people to job opportunities—is the flagship brand of Monster Worldwide Inc.

The financial support of ASA corporate partners enhances the value of membership by allowing the association to improve its products and services, and develop new initiatives that address emerging issues and trends in the fast-paced staffing and recruiting industry. From the Web to mobile and social media, Monster helps companies find people with customized solutions using advanced technology to match the right people to the right job.

“Monster is very pleased to elevate its commitment to the American Staffing Association to the corporate partner level,” says Matthew O’Connor, senior vice president of staffing for Monster Worldwide. “The heightened relationship reflects our broader commitment to the staffing industry, our customers, and job seekers—and it confirms our pride and confidence in the strong association and the exceptional leadership team ASA has built. We look forward to partnering with ASA and the entire staffing industry to deliver innovative thinking and breakthrough solutions to today’s staffing challenges.”

For more information, visit americanstaffing.net.
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ASAPro Webinar Feb. 29—Best Practices in Employee Safety

Coming up Wednesday, Feb. 29, 3–4 p.m. Eastern time, is the ASAPro Webinar “Safety Best Practices: Successful Incentive Programs.” This is the second in a series of ASAPro Webinars that dive deep into the components of safety best practices.

During this Webinar, safety experts Sharon Pancamo, Carlos Rojas, and Wayne Salen will define safety incentive programs, explain how to tailor those programs to different types of employees, and share success stories.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.

This Webinar is sponsored by People 2.0.
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February 23, 2012

Staffing Employment Up 4.2% From a Year Ago


Staffing employment is up 4.2% from February 2011 to February 2012, according to the ASA Staffing Index. The index for February is 87, up one point from the 86 reported for January. Typically, staffing employment peaks between mid-November and mid-December, after which it dramatically declines for several weeks before turning upward in mid-January. Since the beginning of 2012, staffing employment has grown 15.8%, according to the index.
Full Story Available

Headline News

Legal Watch

Trends and Research

ASA for You

Headline News


CIBER Reports Fourth Quarter 2011 Results
CIBER News Release (02/23/12)

CIBER Inc. today reported results for the fourth quarter of 2011. The company anticipates completing the sale of its federal division in the first quarter of 2012 and therefore the federal division’s results are not included in results from continuing operations. CIBER reported revenue of $238.9 million from continuing operations for the fourth quarter 2011, a 5% decrease from the same period in 2010. Net income was reported at $2.2 million for the quarter, compared with a net loss of $1.6 million for the fourth quarter of 2010. The North American division, 43% of consolidated revenue, saw revenue of $101.8 million, a decline of 12% compared with 2010’s fourth quarter.

Initial Jobless Claims in U.S. Held Last Week at Four-Year Low of 351,000
Bloomberg (02/23/12) Alex Kowalski

Jobless claims in the U.S. were unchanged last week at a seasonally adjusted 351,000, the U.S. Department of Labor reported today, more evidence the labor market is improving. The median projection in a Bloomberg News survey called for 355,000 claims, marking the fourth straight week that the figures have been better than forecast. The number of people on unemployment benefit rolls dropped to the lowest level since August 2008.

The four-week average of claims, meanwhile, fell by 7,000 to 359,000, the lowest level since March 2008. The drop in jobless claims indicates companies may be growing more optimistic about the outlook for the economy, and could set the stage for bigger gains in hiring.

7 Really Important Charts From Obama’s Economic Report
Daily Finance (02/22/2012) Morgan Housel

The economic report released last week by the Obama administration includes dozens of tables and charts, highlighting data on multiple facets of the economy—including one on the declining labor participation rate for young workers. The chart indicates that the percentage of working-age people with a job has been falling since the late 1990s and has accelerated over the past few years. Fewer young adults are in the labor force, but more are enrolled in college. Another chart in the report shows that people with a college degree have seen increases in their income, while those without a degree have seen their income decline.

ManpowerGroup’s Jeff Joerres on the Skills Gap
Forbes (02/22/12) Rich Karlgaard

Jeff Joerres, chief executive of ManpowerGroup, says companies no longer hire workers in anticipation of increased demand, as they can see instant changes in their supply chains and hire only when they see demand. He believes a skills mismatch will make it difficult to get the U.S. unemployment rate under 6%, noting that since 2006, there has been evidence that companies have evolved their specific needs at a faster pace than people evolved their specific skills.

Joerres says the skills gap has grown since the recession because companies grow through productivity and efficiency, not through raw demand. “Every job has to be productive and efficient,” he says. “Companies are therefore highly selective in adding jobs. They know exactly what they need and when they need it.” He adds that it might be more beneficial for students to attend a trade school than a four-year college.


Legal Watch


Commissioned Recruiters Found Exempt From California Overtime Rules
American Staffing Association (02/23/12) Richard J. Simmons

Both California and federal laws contain overtime pay exemptions for commissioned employees who qualify under the “inside sales” or “commission employees” exemption. On Jan. 24, a California Court of Appeal examined the California state law exemption in Muldrow v. Surrex Solutions Corp. The trial court determined that overtime wages were not owed under California law to a class of recruiters because they were subject to the commissioned employee exemption in California Wage Order 7.

Pursuant to the exemption, employers are not required to pay overtime wages to an employee “whose earnings exceed one and one-half times the minimum wage if more than half of that employee’s compensation represents commissions.” The court of appeal agreed that the recruiters were exempt. An analysis of the ruling was drafted for ASA members by outside counsel Richard J. Simmons, Esq., of Sheppard, Mullin, Richter & Hampton LLP.

Labor Union Files Federal Lawsuit Over Indiana’s ‘Right to Work’ Law
Indianapolis Star (02/23/12) Mary Beth Schneider

The International Union of Operating Engineers Local 150 has brought a lawsuit over Indiana’s “right to work” law, arguing it violates both the U.S. and Indiana constitutions. Under right to work, businesses are prohibited from negotiating a contract that requires nonmembers to pay fees for representation. Gov. Mitch Daniels, who signed the right to work legislation Feb. 1, says the law is needed to foster job creation and to prevent workers from being required to support a union financially. Opponents say the law will result in a decline in wages and will not attract high-paying jobs. The lawsuit says the law violates the contracts clause in Article 1 of the U.S. Constitution because it hinders contractual relationships and violates equal protection clauses by treating employees differently.

Legal Alert: Ninth Circuit Invalidates Contractual Choice of Law Provision
JDSupra (02/22/2012)

A class action lawsuit filed against the transportation company Affinity Logistics in California by one of its drivers accuses the company of violating state law and the federal Fair Labor Standards Act by failing to pay overtime, among other things. However, the company requires its drivers to sign written agreements classifying them as independent contractors and including a choice of law provision indicating that Georgia law will govern any disputes.

The Ninth Circuit refused to enforce the choice of law provision, determining that applying Georgia law would contravene an important public policy of California as it undermines California’s employee protection laws. The court also said California has a greater interest in the outcome of the case than Georgia, as the agreement was forged in California, the driver worked and lived in California, and the deliveries under the contract were in California. The only connection to Georgia was that it is the state where Affinity is incorporated.

As a result of the case, California employers should ensure that any agreement classifying workers as independent contractors meets the state’s multifactor test that distinguishes between independent contractors and employees.

Got Independent Contractors? (Are You Sure?)
Mondaq (02/17/12) Bryan Lazarski

A common issue facing many employers is the misclassification of employees as independent contractors. A dangerous but pervasive myth is that a company can simply agree with a worker that he or she shall be treated as an independent contractor. The truth is, whether a worker qualifies as an independent contractor or an employee is determined by the realities of the relationship between the parties, which cannot be overcome by agreement or contract.

Federal and state enforcement agencies apply a multifactor analysis to analyze classifications. Ultimately, though, the main distinction boils down to whether the employer has the right to control only the result of the work or if it also controls the manner and means of how the work will be done. If it is the latter, the worker is probably an employee.

There are several things to consider when reclassifying a worker to employee status, including the possibility of owing back taxes, having liability for unpaid overtime, and being subject to other fines and penalties. If done correctly, though, a voluntary reclassification can significantly reduce or eliminate a firm’s risk of a much costlier lawsuit.

U.S. Supreme Court Leaves Intact Decision Refusing to Extend the Fair Labor Standards Act’s Anti-Retaliation Provision to Prospective Employees
JDSupra (02/22/2012) Michael S. Arnold

The U.S. Supreme Court has decided not to take up the issue of whether the Fair Labor Standards Act’s antiretaliation component is applicable to prospective workers, leaving intact a Fourth Circuit Court of Appeals decision barring FLSA antiretaliation claims by prospective employees. According to the Fourth Circuit, the antiretaliation component applies only to current and former employees. In the case the Fourth Circuit considered, Dellinger v. SAIC, the court concluded that because the FLSA only allows “employees” to sue their “employers” for retaliation, an employer cannot retaliate against an individual it never hired. Had the case been brought under Title VII of the Civil Rights Act of 1964, however, the results very well may have been different, because Title VII prohibits retaliation against job applicants.


Trends and Research


HIMSS: Staffing Shortages Replace Money Concerns as Main Health IT Barrier
Cardiovascular Business (02/22/12) Mary Tierney

Staffing shortages have overtaken concerns about lack of adequate financial support as the top barrier to implementing information technology, according to the latest Healthcare Information and Management Systems Society leadership survey. The results include the input of 302 health care IT professionals who represent more than 600 U.S. hospitals.

The top IT staffing need listed in the survey is clinical application support—followed by network and architecture support, clinical informatics, system integration, IT security, clinical transformation, database administration, PC and server support, process and workflow, and system design and implementation. Approximately 61% of the health IT leaders surveyed expect to increase their staff in 2012
Free for ASA Members: Health Care Staffing Trends Webinar

The latest health care-related Webinar from ASAPro is “Have Stethoscope, Will Travel—The Growing Use of Locum Tenens.” ASA members can log in to their ASAPro account and enter the Webinar title in the keyword search box. Most ASAPro are free for ASA members. Learn more.

Construction Hiring Starting to Gain Momentum
Bloomberg (02/22/12)

Construction hiring is on an upswing as people invest in home renovations amid indications that the housing market is improving. Another hiring driver comes from “pent-up demand” by people who can’t afford to move, says Ellen Zentner, a senior economist at Nomura Securities International. The number of people working in residential remodeling climbed 5.8% in December to 250,700, according to preliminary data from the U.S. Bureau of Labor Statistics. Still, the number of residential remodelers lags behind the September 2006 peak by more than 76,000, according to data from the U.S. Department of Labor.

Small Business Hiring: Things Are Finally Looking Up
Business Insider (02/22/12)

About 22% of small-business owners expect to hire more workers this year, according to a recent Gallup–Wells Fargo poll, while just 8% plan to decrease the number of jobs in their firms. The survey shows that hiring plans have returned to levels not seen since January 2008, at the beginning of the recession. Around 26% of small-business owners are seeking full-time workers, while 36% want to hire part-time employees. Another 36% favor temporary or contract workers. Last year, only 13% of those polled increased their work force, while 22% reduced the number of jobs.

A recent Citibank small-business survey also indicates increased confidence among small firms. More than 25% of respondents plan to boost the number of permanent full-time workers this year, up 12% from January 2011, and 22% will hire full-time seasonal workers.

New Poll Shows Majority of Family Firms Optimistic in Hiring, Retaining Employees in 2012
MarketWatch (02/22/12)

A recent survey of 300 family owned firm executives by Family Enterprise USA indicates that over the next 12 months, 54% plan to hire more workers and just 8% plan to decrease their work force. Only 34% have reduced their work force in response to the recession, even though more than half of the executives polled said their revenue had declined or remained flat. Over the past couple of years, 33% of family owned firms that have been in business for 60 to 100 years were able to expand their work force despite the economic downturn. However, 44% of respondents said uncertainty in regards to the tax code and government regulation is an obstacle to job growth.


ASA for You


ASAPro Webinar Today—Learn Best Practices for Drug and Alcohol Testing

This afternoon from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Best Practices for Drug and Alcohol Testing—What You Need to Know,” presented by Frederick T. Smith, Esq., partner in the Atlanta office of Seyfarth Shaw LLP.

During this ASAPro Webinar, you will learn the steps to follow when implementing drug testing, common signs and symptoms of illegal drug use, and much more.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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Reserve Your Suite in Las Vegas for Staffing World® 2012

Recently, ASA announced that Jim Collins will be the featured keynote speaker at Staffing World 2012, Oct 9–11 in Las Vegas.

Planning to attend? Get the special ASA group rate of $249 for a single or double at the all-suite Venetian Resort Hotel Casino—the location of this year’s ASA annual convention. Make reservations by calling 877-283-6423 and asking for the ASA Staffing World 2012 convention group rate. Group rates apply for reservations made by Sept. 17, subject to room availability. After Sept. 17, reservations will be accepted at the hotel’s prevailing rate.

Updates on additional keynotes and other top-tier content will be coming soon. For more information, visit staffingworld.org.
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February 22, 2012


Headline News
U.S. Unemployment Increases in Mid-February
Tax-Cut Bill Includes Updates to Jobless Benefits System

Legal Watch
Foreign Student Labor Protests at Hershey Co. Center Lead to Citations for Exel, SHS Staffing
U.S. Immigration May Soon Make E-3 Visa Program for Professionals Available to Irish
Relying on Concepcion, Pennsylvania District Court Grants Motion to Compel Individual Arbitration on Eve of Class Certification Hearing
Can We Suspend an Exempt Employee Without Pay?

Trends and Research
Where the Jobs Are
There Are Jobs in Health Care But …

ASA for You
ASA Online Supplier Directory—Find Suppliers for Your Firm’s Every Need
ASAPro Webinar Tomorrow—Learn Best Practices for Drug and Alcohol Testing

Headline News


U.S. Unemployment Increases in Mid-February
Gallup News Release (02/17/12) Dennis Jacobe

The U.S. unemployment rate, as measured by Gallup without seasonal adjustment, is 9.0% in mid-February, up from 8.6% for January. The mid-month reading normally reflects what the U.S. government reports for the entire month, and is up seven-tenths of a percentage point from its mid-January report. The report suggests the U.S. Bureau of Labor Statistics will likely report on March 2 that its seasonally adjusted unemployment rate increased in February.

Gallup said seasonal factors—such as job loss by seasonal employees hired over the holidays—could be responsible for the sharp increase it found in unemployment. The organization also found that 10.0% of U.S. employees are working part time but want full-time work, essentially the same as in January.

Tax-Cut Bill Includes Updates to Jobless Benefits System
New York Times (02/21/12) Annie Lowrey

The $140 billion bill that extends unemployment benefits and a temporary cut to payroll taxes also includes a number of provisions designed to modernize the U.S. unemployment insurance system. The bill, which was passed by the Congress on Feb. 17 and President Obama says he will sign, permits states to use unemployment insurance funds for programs that help move the unemployed back into the work force. Work force experts say the current unemployment insurance system does not do much to help people look for jobs, or to think about new industries or acquire new skills, if necessary.

The bill also broadens “work sharing” programs that can help curb layoffs at large companies. Companies would be able to reduce the hours of five employees by 20% each, say, rather than laying off one employee. The company could then use unemployment insurance funds to help supplement the workers’ wages to make up for the lost hours.


Legal Watch


Foreign Student Labor Protests at Hershey Co. Center Lead to Citations for Exel, SHS Staffing
PennLive (02/22/12) David Wenner

The U.S. Occupational Safety and Health Administration has cited Exel Inc. and SHS Staffing Solutions for various violations months after foreign students said they had been exploited while working at a Hershey Co. distribution center. OSHA cited Exel, which operates the distribution center for Hershey, for alleged violations that include neglecting to keep track of work-related injuries and illnesses and neglecting to carry out a sound program to protect workers’ hearing. OSHA also cited SHS, the staffing company that hired the students. SHS could be fined $5,000 for allegedly neglecting to properly train the workers. Exel and SHS have 15 business days to comply with the penalties, contest them, or request additional information.

U.S. Immigration May Soon Make E-3 Visa Program for Professionals Available to Irish
WorkPermit.com (02/21/12)

The U.S. currently offers its E-3 visa only to Australians, but a bill under consideration in the U.S. Senate would add the Republic of Ireland to the E-3 visa program. The bill, sponsored by U.S. Sens. Scott Brown (R-MA) and Mark Kirk (R-IL), would allow people from Ireland with a professional-level job and either a bachelor’s degree or 12 years of relevant professional level experience to live and work in the U.S. for two years, with no limit on the number of times the visa can be renewed. Their spouses also could work in the U.S. by applying for an Employment Authorization Document (Form I-765) through U.S. Citizenship and Immigration Service. A larger immigration bill sponsored by U.S. Sen. Chuck Schumer (D-NY), which has been referred to the U.S. Senate Judiciary Committee, has an Irish immigration provision.

Relying on Concepcion, Pennsylvania District Court Grants Motion to Compel Individual Arbitration on Eve of Class Certification Hearing
Lexology (02/21/12)

In the case Brown v. TrueBlue Inc., two employees of the temporary staffing firm TrueBlue accused the company of violating the Pennsylvania Minimum Wage Act and the Fair Labor Standards Act. The case applies the U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, which holds that the Federal Arbitration Act pre-empts nearly all state law defenses to the enforcement of arbitration clauses.

The staffing firm filed a motion to compel arbitration 15 months after the plaintiffs’ complaint was filed and three days before a hearing on the plaintiffs’ motion for class certification. TrueBlue said that under their employment agreements, the plaintiffs were required to litigate complaints in individual arbitrations. The district court deemed valid an arbitration clause in an employment agreement that prohibited class arbitration and required employees to provide written consent to be represented in a lawsuit filed by another individual. The plaintiffs’ arguments were rejected by the court, and the case was stayed pending the outcome of the arbitrations. The Supreme Court’s decision in Concepcion abrogated the Pennsylvania Superior Court’s ruling in a different case that “[an arbitration clause is unconscionable and unenforceable where it is] contained in an adhesion contract and unfairly favors the drafting party.”

Can We Suspend an Exempt Employee Without Pay?
JDSupra (02/17/2012) Bill Pokorny

The Fair Labor Standards Act permits salary deductions for exempt workers for “unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules … imposed pursuant to a written policy applicable to all employees.” So, for example, a company can suspend without pay an exempt employee for violating a written sexual harassment policy that applies to all employees in the company, and this action likely would not violate the FLSA. However, employers should check their state’s laws as well, because some states’ laws do not follow the U.S. Department of Labor’s rules regarding exempt status.

Understand the FLSA and Related State Laws

Earning the Certified Staffing Professional™ or Technical Services Certified™ credential enhances your knowledge of labor and employment law. The certification study materials and exams cover federal and state laws and can help you protect the rights of your candidates and employees. Learn more at americanstaffing.net.


Trends and Research


Where the Jobs Are
Human Resource Executive (02/16/12)

The recent U.S. Bureau of Labor Statistics report examining job growth between 2010 and 2020 projects an overall 14% increase in total employment over the course of the decade. The report notes that as the baby boomer generation ages, there will be continued growth in industries and occupations related to caring for that demographic.

Health care, social assistance, personal care, and construction are identified as the industries that will have the fastest job growth over the 10-year period. Meanwhile, the U.S. manufacturing sector is expected to continue to contract. The report also concludes that although job categories that require some type of postsecondary education are expected to grow the fastest, more than two-thirds of all job openings are projected to be for positions that typically do not require any education beyond a high-school diploma—jobs that usually garner lower wages and fewer benefits.

There Are Jobs in Health Care But …
Springfield News-Sun (Ohio) (02/21/12) Ken Mosier

Prior to the economic downturn, there was a shortage of nurses and hospital clinical staff, and the education system responded by increasing the number of graduates in a variety of fields. However, with the recession came plant closings in Dayton, OH, and unemployment there rose. Things are slowly improving in Dayton, but the 500 new job openings at the area’s four hospitals require experience, says Leslie Kahn, RN, BSN, the chief executive officer of health care staffing company Cirrus Consulting. “By the time the client calls me for employees, they want experienced [workers], because they are not going to train someone when they are already paying my fee on top of it. They want them to hit the ground running,” she says. Clients who hire a staffing firm generally are looking for nurses with certification in specialties, such as emergency care or critical care, Kahn says. Her clients also require that all workers have experience with electronic medical records.

Find Out About Health Care IT Staffing

How might your company benefit from new legislative mandates and federal funding? Read about the health care IT boom in Staffing Success magazine.


ASA for You


ASA Online Supplier Directory—Find Suppliers for Your Firm’s Every Need

Are you looking for business partners to help you strengthen your bottom line, protect your business, or enhance your offerings to clients and employees? Check out the ASA online supplier directory at americanstaffing.net.

The directory includes ASA associate members dedicated to the staffing industry. Some offer special savings and services to ASA members. You can use the directory to shop by company name or by product or service.

For more information, contact Sarah Albritton at 703-253-2042 or salbritton@americanstaffing.net.
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ASAPro Webinar Tomorrow—Learn Best Practices for Drug and Alcohol Testing

Tomorrow, Feb. 23, from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Best Practices for Drug and Alcohol Testing—What You Need to Know,” presented by Frederick T. Smith, Esq., partner in the Atlanta office of Seyfarth Shaw LLP.

During this ASAPro Webinar, you will learn the steps to follow when implementing drug testing, common signs and symptoms of illegal drug use, and much more.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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February 21, 2012

Headline News

Legal Watch

Trends and Research

ASA for You

Headline News


CTG Fourth Quarter Net Income Increased 24% on 16% Revenue Growth
CTG News Release (02/21/12)

CTG announced its financial results for the 2011 fourth quarter and full year ended Dec. 31, 2011. The information technology staffing company reported revenue of $100.9 million for the quarter, a 16% increase from the same period in 2010, while net income stood at $3.3 million, 24% higher than a year earlier. For the entire year of 2011, CTG reported revenue of $396.2 million, a 20% gain over 2010.

New larger health care solutions projects, higher demand for external information technology resources, and the operating leverage from higher revenue were the primary contributors to CTG’s significant growth in revenue and earnings in the 2011 fourth quarter and full year. In 2011, CTG’s staffing business grew 13% to $248.0 million, or 63% of total revenue.

Surge in Temp Workers Reflects Fundamental Change in American Workplace
Washington Post (02/18/12) Ylan Q. Mui

U.S. government data indicate that more than 25% of those who obtained employment since the end of the recession are holding temporary positions, which experts say indicates that businesses and employees no longer expect the relationship to last for life. Carl Camden, chief executive of the staffing firm Kelly Services, says the number of workers who consider themselves “free agents,” who move from project to project and could work for several companies simultaneously, climbed from 19% in 2006 to 44% in 2011.

The American Staffing Association says temporary workers are staying in their posts longer, 13.8 weeks on average. Typically, about half of those workers end up in permanent jobs.

As Job Market Mends, Dropouts Fall Behind
Wall Street Journal (02/21/12) Clare Ansberry

Although employment prospects for people with four-year college degrees are improving, high-school dropouts are falling further behind. Approximately 1.8 million more college graduates have found work since January 2010, but about 128,000 high-school dropouts lost work during the same time, according to the U.S. Bureau of Labor Statistics. Fewer than 40% of people over age 25 without a high-school diploma are employed, and things are likely to get worse for this population as jobs require sharper skills and more education. In 2020, nearly six million high-school dropouts will likely be unable to find work, according to a study by the McKinsey Global Institute. Meanwhile, there will be a shortage of about 1.5 million college-educated workers.


Legal Watch


OFCCP Proposes Changes to Contractor Regulations on Hiring Individuals With Disabilities
Seyfarth Shaw (02/21/12)

U.S. Department of Labor’s Office of Federal Contract Compliance Programs proposed revisions to the regulations addressing affirmative action for individuals with disabilities. The proposed regulations follow the ADA Amendments Act of 2008, which broadened the definition of a disability under the Americans With Disabilities Act of 1990. This will greatly increase the number of individuals who are covered by OFCCP’s mandate.

Some Business Owners Say ICE Audits on Illegal Hiring Are ‘Money Grab’ With Paperwork Fines
Associated Press (02/20/12)

An analysis of about 800 audits completed by U.S. Immigration and Customs Enforcement since October 2010 by the Houston Chronicle found that the agency imposed $1.8 million in fines. Around 50% of the 117 companies were penalized for errors in employment verification paperwork, not for hiring illegal immigrants. These paperwork errors account for about 33% of fines.

Small businesses complain that the audits are a “money grab,” but ICE says the bookkeeping fines are part of a strategy to ensure compliance with the law and deter companies from hiring illegal workers. According to ICE, many businesses do not complete I-9 Forms or retain copies of Social Security cards and other documents, making it hard to prove whether illegal immigrants were hired.

EEOC to Receive a $14 Million Dollar Increase in Enforcement Budget
Lexology (02/14/12) Christina Stoneburner

President Obama has proposed an increase in the U.S. Equal Employment Opportunity Commission’s 2013 fiscal year budget. The increase in funding is going to be important for employers because the EEOC has announced that its priority will be to continue to litigate systemic cases, which have of late been focused on failure-to-hire cases.

Employers are obligated under federal regulations to maintain applications and any records relating to the application for employment, such as résumé and interview notes, for at least one year after the record is created. Employers should make sure that they have formal record retention policies governing the maintenance and destruction of all records related to personnel decisions.


Trends and Research


Job Interviewing, to the Extreme
Los Angeles Times (02/19/12) Tiffany Hsu

With high unemployment translating into more résumés and applications for companies to sift through, many are taking a more creative approach to the interview process. For instance, the Minneapolis advertising agency Campbell Mithun has candidates apply by sending 13 Twitter messages, and the Austin, TX-based digital night-life guide SceneTap conducts joint interview in bars to make sure candidates can work as part of a team. Others ask questions to which there is no right answer, says Rosemary Haefner, vice president of human resources for ASA corporate partner CareerBuilder. “They want to know how creative job seekers are, how they respond under pressure, whether they’re more right-brain or left-brain,” she says.

These offbeat interviews also allow candidates to display unique talents and give companies a chance to assess their weaknesses. “Companies are being more innovative not just in finding people who fit the work but also those who fit the culture,” says Charles Purdy, career analyst for ASA corporate partner Monster. “As the workplace changes because of society norms and technology, the classic job interview is going to change as well.”

U.S. Manufacturing Sees Shortage of Skilled Factory Workers
Washington Post (02/20/12) Peter Whoriskey

Factories say they have plenty of jobs to offer U.S. workers, but skilled workers are in short supply. Many laid-off factory workers are able to operate old-fashioned presses and lathes, but don’t have the skills to operate newer factory equipment. Compounding the problem is a demographic shift. Many baby boomers are nearing retirement, and many younger workers have avoided the industrial sector due to its volatility and the view that U.S. manufacturing is a “dying industry.” As many as 600,000 manufacturing jobs are going unfilled, according to a recent survey by Deloitte for the Manufacturing Institute.


ASA for You


The Presidential Election—A Top Topic at the 2012 ASA Staffing Law Conference

This could be a critical election for the staffing industry, with the President, all of the U.S. House of Representatives, and 33 senators up for re-election. Find out what it could mean for the future of your company. During the 2012 ASA Staffing Law Conference—April 17–18 in Washington, DC—hear Charlie Cook, the pre-eminent authority on U.S. elections and political trends, give his predictions on the political outlook on the year ahead.

At the fourth annual conference devoted to legal and regulatory issues facing staffing firms, you also will have the opportunity to meet with your congressional representatives and their staffs on Capitol Hill to let them know how your business, and the staffing industry, help the economy and the country.

Register today and learn more about how you can make an impact this year.
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ASAPro Webinar—Learn Best Practices for Drug and Alcohol Testing

This Thursday, Feb. 23, from 3 to 4 p.m. Eastern time, is the ASAPro Webinar “Best Practices for Drug and Alcohol Testing—What You Need to Know,” presented by Frederick T. Smith, Esq., partner in the Atlanta office of Seyfarth Shaw LLP.

During this ASAPro Webinar, you will learn the steps to follow when implementing drug testing, common signs and symptoms of illegal drug use, and much more.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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February 17, 2012


Headline News
Employment Control Inc. Acquired
Jobless Claims Hit Lowest Level Since 2008
Share of Workers in Scientific Fields Shrinks
Desperately Seeking Americans for Factory Jobs
Demand High for High-Tech Workers, 1,000 Job Opportunities
WBENC Announces New List of 2011 America’s Top Corporations for Women’s Business Enterprises

Legal Watch
Appeals Court Affirms Summary Judgment in Favor of AMN Healthcare
FTC Warns Mobile App Background Checks May Violate FCRA
Beware Compliance Pitfalls When Recruiting on Social Media Sites

Trends and Research
Kforce and QHR Consulting Services Reveals ICD-10 Impacts to Health Care Organizations
Survey: 57% of U.S. Workers Age 60-Plus Would Look for Job in Retirement
Having Right Attitude Determines Success in Today’s Job Market

ASA for You
Take the ASA Quarterly Employment and Sales Survey
Promote Your Professionalism
Staffing Today Returns Feb. 21

Headline News


Employment Control Inc. Acquired
Employment Staffing News Release (02/16/12)

Employment Control Inc., a regional provider of temporary staffing services, has been acquired by Harbert Mezzanine Partners and Claritas Capital Specialty Debt Fund. Employment Control will continue to operate under the Employment Staffing Inc. brand through 13 branches and four on-site locations in North Carolina, South Carolina, Tennessee, Georgia, and Maryland. The current president, Bobby Walker, will remain with the company and will be joined by a new chief executive officer, Clayton Bullock, a 25-year staffing industry executive and former president of Staffmark.

Comspec Management Group acquired Employment Staffing Inc.
Jobless Claims Hit Lowest Level Since 2008
Wall Street Journal (02/17/12) Alan Zibel; Jeff Bater

The number of employees filing new applications for unemployment benefits declined last week to the lowest level since 2008, according to the U.S. Department of Labor. Other reports also signaled positive news for the economy. Home building ticked up in January, and wholesale prices rose just 0.1%, although core inflation rose 0.4%. The good reports may further foster the debate among U.S. Federal Reserve policy makers about whether to further stimulate an economy that is growing just slightly more than two years after the end of the recession.

Share of Workers in Scientific Fields Shrinks
Wall Street Journal (02/17/12) Conor Dougherty; Rob Barry

The share of American workers with science and engineering expertise—crucial in an increasingly high-tech economy—declined slightly during the past decade, according to a new analysis of Census data. Workers in technical fields ranging from architecture to software design accounted for 4.9% of the labor force in 2010, down from a high of 5.3% in 2000.

The share of these knowledge workers had increased in every 10-year Census since 1950, according to the Population Reference Bureau, a nonprofit demographic research group that conducted the study. Workers in technical fields also are aging, with the number of scientists and engineers aged 55 or older increasing 32% between 2005 and 2010, while those under 35 fell 1%, according to the PRB analysis.

Desperately Seeking Americans for Factory Jobs
CNNMoney (02/16/12) Parija Kavilanz

U.S. factories are having trouble finding skilled U.S. employees, including machinists. Win-Tech, a Kennesaw, GA, manufacturer, has been trying for more than a year to hire manual machinists, quality control inspectors, and machinists skilled in the use of computer-controlled systems. The company has advertised locally and on popular online recruiting Web sites, such as Monster.com. Win-Tech says it may eventually hire workers who are not fully skilled, and then train them.

Demand High for High-Tech Workers, 1,000 Job Opportunities
WXYZ News (Detroit) (02/17/12) Mary Conway; Sarah Willets

Staffing firm G-Tech says demand for engineers and high-tech workers has increased in the Michigan area because so many qualified people left the state during the recession. Now that the economy is turning around, companies are having a hard time finding workers. G-Tech’s Claudette Cunitz says, “With all of the automotive returning, the primary jobs are in powertrain. With the new emission standards, there is a real push toward hybridization. There is a need for powertrain, NVH, mechanical, and electrical. All engineering disciplines are in high demand.” There is also a big demand for people with IT skills, senior program managers, developers, and business analysts.

G-Tech currently has more than 1,000 job openings. Cunitz says many companies cut back on their training programs and they now have to get creative to fill positions. “Companies are now hiring two to three senior people and then junior people to groom,” she says.

WBENC Announces New List of 2011 America’s Top Corporations for Women’s Business Enterprises
WBENC News (02/15/12)

Kelly Services and ManpowerGroup have made the Women’s Business Enterprise National Council’s list of America’s Top Corporations for Women’s Business Enterprises, which honors those that advance business opportunities for female entrepreneurs and their companies. Kelly Services has twice appeared on the list, and ManpowerGroup has been on the list four times.


Legal Watch


Appeals Court Affirms Summary Judgment in Favor of AMN Healthcare
Leagle.com (02/15/12)

In the case of Meehan v. AMN Healthcare Inc., summary judgment was granted by a trial court in favor of AMN Healthcare, Christina Bergfield, and Bethesda Hospital Inc. Daniel and Mary Meehan appealed the trial court’s decision, and the Court of Appeals of Ohio, First District, affirmed in part, reversed in part, and remanded the case for additional proceedings.

The case centered around bedsores Daniel Meehan incurred while a patient at Bethesda Hospital; Bergfield was Meehan’s nurse and was placed at Bethesda by AMN. The Meehans argued that the trial court should not have entered judgment in favor of the defendants because Bergfield was Meehan’s nurse when the bedsores arose, and because expert testimony found that a breach in the nursing standard of care resulted in Meehan’s injury.

However, the Court of Appeals disagreed, saying the trial court correctly entered summary judgment in favor of Bergfield. Likewise, the Court of Appeals found that because the trial court correctly entered summary judgment in favor of Bergfield, and because AMN’s only connection to the case was that Bergfield allegedly was on assignment from AMN, summary judgment was correctly entered in favor of AMN. The case against Bethesda, however, has been remanded for additional proceedings.

FTC Warns Mobile App Background Checks May Violate FCRA
Lexology (02/13/12) John G. Kerkorian; Claire Ana-Perot McLamore

The U.S. Federal Trade Commission has sent warning letters to mobile app makers Everify Inc., InfoPay Inc., and Intelligator Inc. about six mobile apps that may be in violation of the Fair Credit Reporting Act if being used for employment screening. These mobile apps are Police Records, Criminal Pages, Background Checks, Criminal Records Search, Investigate and Locate Anyone, and People Search and Investigator. The letters urge the companies to carefully review their apps, policies, and procedures to ensure compliance with the FCRA.

If the apps are subject to the law, consumer reporting agencies must take steps to protect individual privacy, make sure the information is accurate, and ensure employers know they are required to notify employees and applicants if information from the report is used in any adverse action. Experts say employers must be aware of the genesis of the consumer reports used in affirmative employment decisions.

Beware Compliance Pitfalls When Recruiting on Social Media Sites
Compliance Week (02/01/12) Reese Darragh

Using social media tools to recruit can be fraught with compliance issues. For example, companies that improperly use information from applicants’ online profiles to prescreen them may violate Title VII of the Civil Rights Act or other federal and state laws, attorneys say.

Social media sites often contain information such as an applicant’s age or religious beliefs and other sensitive data. Attorney Susan Gross Sholinsky says companies “should be careful not to make decisions based on information obtained via social media when they know it is unlawful to ask the question that would elicit the information during an interview.” Companies also need to be careful that they recruit using multiple approaches and not just social media. Using just social media risks bias against some minorities who are under-represented on professional social-media sites, Sholinsky says.

To minimize legal risks, companies must adopt consistent recruitment practices. They may also want to consider separating the social media search function from the hiring function.


Trends and Research


Kforce and QHR Consulting Services Reveals ICD-10 Impacts to Health Care Organizations
GlobeNewswire (02/16/12)

In performing an assessment of whether a 350-bed medical center in Colorado was ready for the conversion to the International Statistical Classification of Diseases and Related Health Problems, 10th Revision (known as “ICD-10″), Kforce Healthcare Solutions and QHR Consulting Services found that it would have to devote 35,000 hours through the end of next year to complete all the necessary tasks. In addition to upgrading 27 information technology systems, instead of the six the medical center anticipated, it would have to train more than 1,000 hospital employees and community physicians to make the transition to ICD-10. “Our experience shows that many health care facilities are not fully prepared for the scope, cost, and staffing challenges of an ICD-10 conversion,” says Keith Fulmer, executive vice president of Kforce Healthcare Solutions.

Survey: 57% of U.S. Workers Age 60-Plus Would Look for Job in Retirement
Dow Jones Newswires (02/16/12)

Approximately 57% of U.S. workers who are at least 60 years old would look for a new job after retiring from their current company, according to a survey conducted by Harris Interactive on behalf of ASA corporate partner CareerBuilder. Meanwhile, an increasing number of employers are looking to hire seasoned staff, with 43% planning to hire workers age 50-plus this year, and 41% reporting they hired workers who were at least 50 years old in 2011.

Having Right Attitude Determines Success in Today’s Job Market
Atlanta Journal-Constitution (02/17/12) Laura Raines

Experts say attitude is second to skills for employers seeking information technology professionals. “Now that business is so thoroughly wrapped around IT, attitude matters a lot,” says Jeff Clement, managing director of international IT staffing company Revolutionary Technologies in Atlanta. “Skills may get you an interview, but attitude determines whether you will get an offer and whether you’ll be happy on the job.” Clement says he has to review a two-dimensional job description detailing skills and experience, then fill the position with a three-dimensional person by learning about the role, the company, and the company culture.

A study by Leadership IQ looked at 20,000 new hires over three years and discovered that 46% were fired, received poor performance reviews, or were written up within 18 months. Technical or functional incompetence was responsible for just 11% of failures, while attitudinal reasons, such as lack of coachability, emotional intelligence, or motivation, accounted for 89%. Mark Murphy, chief executive of Leadership IQ, says job seekers should be looking for a company rather than a position, making sure the culture is a good fit for them before applying.


ASA for You


Take the ASA Quarterly Employment and Sales Survey

Staffing firms need data to manage their business effectively. By participating in the ASA quarterly survey on temporary and contract staffing, you can help ASA
  • Provide an estimate of total industry size
  • Provide a calculation for temporary worker turnover and average length of service
  • Effectively lobby on behalf of the staffing industry with accurate data about the economic impact of staffing in the U.S.
Participants receive a free exclusive report on the results, which includes payroll data available nowhere else. ASA corporate partner Inavero, a market research firm, administers the survey.

Take the survey now at americanstaffing.net.
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Promote Your Professionalism

Create effective proposals with help from ASA—member firms have access to free marketing tools to help you grow your business. If you’ve earned the ASA Certified Staffing Professional™ or Technical Services Certified™ credential, tell clients about the knowledge you’ve gained through the ASA certification programs. Download a fact sheet about ASA certification and continuing education to include with your proposals.

The ASA marketing tool kit is available at americanstaffing.net.
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Staffing Today Returns Feb. 21

In observance of Presidents Day, Staffing Today will not be delivered Monday, Feb. 20.
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February 16, 2012


Headline News
Randstad: Strong Growth in North America, Gradual Slowdown in Europe
U.S. Weekly Jobless Claims Drop 13,000 to 348,000

Legal Watch
Lawmakers Finalize Payroll-Tax Agreement
From the Experts: Hiring Practices Can Be an Antitrust Violation?
Age Discrimination Suits Jump, But Wins Are Elusive
EEOC Extends Employer Recordkeeping Requirements to GINA
Agency Makes New Push to Help Pregnant Workers

Trends and Research
Job Ads for Recruiters Bounce Back in January
Agencies Struggle to Hire Cyber Professionals

ASA for You
What Makes a National Staffing Employee of the Year?
Highlight Your Commitment to Ethical Practices

Headline News


Randstad: Strong Growth in North America, Gradual Slowdown in Europe
Randstad News Release (02/16/12)

Randstad Holding NV has reported a loss for the fourth quarter as it wrote down the value of recent acquisitions. The company says the U.S. job market is improving, but Europe is worsening. The company made a net loss of €16.5 million ($21.5 million), largely due to €180 million in charges and writedowns on the value of acquisitions it has made in the past five years. Sales increased 13% to €4.38 billion.

“The patterns in our markets are clearly diverging from previous recoveries,” says Ben Noteboom, chief executive officer of Randstad. “The North American market is getting more robust, while the European markets are gradually slowing down.” He adds that the company “will continue to develop our specialty and professionals businesses and accelerate growth in permanent placements. We believe we are well positioned to grasp the opportunities in 2012.”

U.S. Weekly Jobless Claims Drop 13,000 to 348,000
MarketWatch (02/16/12) Jeffrey Bartash

Claims for jobless benefits expectedly dropped last week to the lowest level in four years, showing the U.S. job market is on the mend. Weekly jobless claims in the U.S. fell by 13,000 to a seasonally adjusted 348,000 in the week ended Feb. 11, the U.S. Department of Labor reported Thursday. Economists surveyed by MarketWatch estimated claims would total 368,000. The four-week average of claims fell by a smaller 1,750 to 365,250, keeping it near a four-year low.


Legal Watch


Lawmakers Finalize Payroll-Tax Agreement
Wall Street Journal (02/16/12) Naftali Bendavid; Siobhan Hughes

Congressional negotiators working on a deal to extend jobless benefits and a payroll-tax cut say they have finalized an agreement, paving the way for a vote before the policies expire at the end of the month. House Ways and Means Chairman Dave Camp (R-MI) and Senate Finance Chairman Max Baucus (D-MT), the two top lawmakers on the panel tasked with finding agreement, announced the deal just before 1 a.m., indicating that Congress will send a bill to President Barack Obama’s desk by week’s end.

From the Experts: Hiring Practices Can Be an Antitrust Violation?
Corporate Counsel (02/15/12) David Stanoch; Carolyn Budzinski

Lawsuits filed by the U.S. Department of Justice in 2010 against high-tech companies and a related private class action lawsuit filed in 2011 highlight that antitrust laws apply not only to products and services but also to employers’ hiring practices. Noncompete agreements between employers and employees have not been deemed anticompetitive, but the DOJ investigations take issue with agreements between competing employers that hinder competition and restrict employees’ access to better job opportunities.

A lawsuit filed by DOJ against Adobe, Apple, Google, Intel, Intuit, and Pixar challenged agreements that prevent them from contacting employees of another company unless the employee applied for a job opening. A separate lawsuit filed against Lucasfilm Ltd. centered on an agreement with Pixar that ensured the current employer would be notified of job offers to employees by the other firm and prevented either firm from counteroffering above the initial offer.

Experts say these lawsuits highlight the need for companies to consider how antitrust laws affect hiring practices. They should consider whether their employment practices involve agreements with competitors; whether their practices limit current or former employees’ mobility or salary, among other things; and the positions of their board members and officers outside the company.
Concerned About Noncompete Agreements?

Representatives of the U.S. Equal Employment Opportunity Commission, the U.S. Department of Justice, and the U.S. Department of Labor will speak at the ASA Staffing Law Conference, April 17-18 in Washington, DC. Visit americanstaffing.net for more information.

Age Discrimination Suits Jump, But Wins Are Elusive
NPR Morning Edition (02/16/12) Yuki Noguchi

People 55 or older generally take three months longer to find a new job than does the average person looking for a job, and given the tight job market, age discrimination complaints are increasing—but becoming more difficult to win. Gross v. FBL Financial Services Inc. has a lot to do with that, employment law experts say. That case went all the way to the U.S. Supreme Court; the majority ruled that a plaintiff must prove, with a preponderance of evidence, that age was the reason for discrimination. Essentially, Gross v. FBL increased the burden of proof for age discrimination suits. Since the ruling, hundreds of other cases have been thrown out.

Meanwhile, the U.S. Equal Employment Opportunity Commission says age discrimination is a growing problem. According to Stuart Ishimaru, an EEOC commissioner, “The number of formal complaints that come in to us understate the nature of the problem.” Ishimaru says hiring has been “a real conundrum for us. And frankly in this economy, where people are looking for jobs, they don’t have time to worry about a discrimination suit. They’re not going to be thinking about this.”

EEOC Extends Employer Recordkeeping Requirements to GINA
Mondaq (02/15/12) Stephanie Aranyos

The U.S. Equal Employment Opportunity Commission recently published its final rule extending the recordkeeping requirements imposed under Title VII of the Civil Rights Act and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act. This rule will take effect on April 3, 2012.

Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by covered employers and entities, and strictly limits the disclosure of genetic information. GINA covers employers with 15 or more employees, employment firms, and federal sector employers.

The EEOC’s final rule imposes the same record retention requirements mandated under Title VII and the ADA to GINA. Employers must retain all employment and personnel records for one year from the date created or the date the personnel action was taken, whichever is later. All records relating to a charge filed under GINA must be maintained until final disposition of the charge.
Hear EEOC Regulators at the ASA Staffing Law Conference

Victoria A. Lipnic, commissioner of the U.S. Equal Employment Opportunity Commission, will be a panelist at the ASA Staffing Law Conference along with representatives from the U.S. Department of Justice and the U.S. Department of Labor. It’s April 17-18 in Washington, DC. Visit americanstaffing.net for more information.

Agency Makes New Push to Help Pregnant Workers
Wall Street Journal (02/16/12) Melanie Trottman

The U.S. Equal Employment Opportunity Commission is working to improve workplace-discrimination protections for pregnant women and people caring for relatives, following complaints by employees who say they have been fired or treated poorly due to their status. The EEOC plans to give companies new guidance to make clear that the 1978 Pregnancy Discrimination Act prevents companies from firing, refusing to hire, or otherwise discriminating against a worker because she is pregnant. Meanwhile, the Americans With Disabilities Act contains provisions that could require companies to offer more accommodations to pregnant women.

Another option the agency could take is a tougher litigation strategy against employers, says EEOC general counsel P. David Lopez. The EEOC has filed 268 lawsuits alleging pregnancy discrimination over the past decade; 216 suits have been resolved, and plaintiffs have been awarded more than $42 million.


Trends and Research


Job Ads for Recruiters Bounce Back in January
Wanted Analytics (02/15/12) Abby Lombardi

Wanted Analytics says job ads for staffing professionals jumped 26% in January from the same month last year. Experts believe an increase in demand for recruiters could indicate that companies are planning to hire more workers. Of these job ads, 55% were placed by direct employers and 45% by staffing firms. The most ads for recruiting positions were placed by Amazon.com, Insight Global Inc., PDS Technical Services, Microsoft, and Capital One. The metropolitan areas with the highest volume of ads for recruiter jobs are New York, Washington, DC, Chicago, Boston, Dallas, Los Angeles, San Francisco, Seattle, Atlanta, and Houston.

Wanted Analytics says recruiter positions will be moderately hard to fill. The average duration of a job ad is five weeks nationally, with Seattle recording an average of six weeks. The easiest places to find recruiters are Davenport, IA; Fort Wayne, IN; Springfield, MO; York, PA; and Omaha, NE, which also are areas where recruiters will find it difficult to obtain employment.

Agencies Struggle to Hire Cyber Professionals
NextGov.com (02/15/12) Brittany Ballenstedt

According to a survey of 545 federal cybersecurity professionals by (ISC)2, 97% are currently employed, 62% received a salary increase last year, and 48% anticipate a pay raise this year. The survey indicates that 60% of federal cybersecurity pros changed jobs in 2011, and 43% cited pursuit of advancement opportunities as the reason.

However, 83% of federal hiring managers said it is “extremely difficult” to identify and hire qualified candidates, with 42% indicating that the process took one to three months and 33% saying it took six or more months. Of these hiring managers, 68% are seeking candidates with certification and accreditation, 55% want those with operations security skills, and 53% want candidates with experience in telecommunications and network security. In terms of recruitment, the U.S. Cyber Corps program, efforts on college campuses, and job fairs were not viewed as very effective. However, 50% of hiring managers said referrals from colleagues were effective, while 33% cited online Web sites and 10% networking.


ASA for You


What Makes a National Staffing Employee of the Year?

In the current issue of Staffing Success magazine, meet interactive Web designer Chris Hoover—the 2012 National Staffing Employee of the Year. He discusses how his two years of impressive work as a contract employee with ASA member the BOSS Group provided the bridge he needed to land his full-time job as JCPenney’s senior interactive Web designer. Hoover joins a prestigious list of temporary and contract employees who have earned recognition as National Staffing Employee of the Year.

Have you worked with a similarly stellar temporary or contract employee in the past year? The National Staffing Employee of the Year is an honoree whose story best captures the staffing industry’s key messages—jobs, flexibility, bridge, choice, and training.

Start planning who your staffing firm will nominate to be the 2013 National Staffing Employee of the Year. In addition to being featured in an upcoming Staffing Success cover story, the honoree will receive deluxe travel accommodations to Staffing World® 2012 in Las Vegas, a travel gift certificate, and recognition during National Staffing Employee Week, Sept. 10–16 this year. All nominations must be received by Aug. 1.

To learn more about the National Staffing Employee of the Year program, as well as National Staffing Employee Week, visit americanstaffing.net. The National Staffing Employee of the Year program is sponsored by ASA corporate partner First Staff Benefits.
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Highlight Your Commitment to Ethical Practices

Create effective proposals with help from ASA—member firms have access to free marketing tools to help you grow your business. Enhance your proposals by incorporating information about the ASA Code of Ethics and Good Practices. ASA membership tells clients that you adhere to a code of ethics and are committed to legal and professional practices—research shows that staffing clients associate ASA membership with a higher level of professionalism. Download a fact sheet about the ASA Code of Ethics and Good Practices to include with your proposals.

The ASA marketing tool kit is available at americanstaffing.net.
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February 15, 2012


Headline News
QPS Employment Group Acquires Iowa Staffing Firm
States Where Workers See Hiring Increasing
Small Business Optimism Increases
Alabama’s Immigration Law Could Cost Billions Annually

Legal Watch
Deal Reached on Payroll Tax
April 1 Deadline for Filing H-1B Visa Petitions Approaches
New Danger in Wage-and-Hour Disputes: Are You Prepared?
DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits

Trends and Research
Health Costs, Government Regulations Curb Small Business Hiring
Linux Professionals in High Demand: Report

ASA for You
Get Help Answering RFIs and RFPs
Meet Industry Peers in Your Community

Headline News


QPS Employment Group Acquires Iowa Staffing Firm
QPS Employment Group News Release (02/14/12)

Brookfield, WI-based QPS Employment Group has acquired USA Staffing, a recruiting firm based in Ames, IA, that focuses on industrial, skilled trades, and clerical workers. QPS will be taking over ten locations in Iowa, immediately allowing QPS to cover the majority of the state. The company was acquired from owner and president Steve Risius, who will be staying on as a consultant.

With this acquisition, QPS will add an estimated 11% of business and will be increasing the number of branch locations by 50%. According to Dan McNulty, QPS’s chief operating officer, “This acquisition is the first step in our plan to increase our presence throughout the Midwest.”

States Where Workers See Hiring Increasing
MSNBC (02/14/12) Charles B. Stockdale; Michael B. Sauter

Gallup’s Job Creation Index shows that 31% of U.S. workers reported in 2011 that their companies were hiring, and only 18% indicated their firms were eliminating positions. An analysis of the index and other economic indicators by 24/7 Wall St. reveals eight states where residents believe most of the hiring is taking place. North Dakota leads the pack, with 42.4% of residents saying their employers are hiring. Iowa ranks second, with 34% of workers indicating their companies are hiring, followed by Oklahoma, Utah, and Nebraska. Rounding out the list are Indiana, West Virginia, and South Dakota.

Small Business Optimism Increases
Wall Street Journal Online (02/14/12) Kathleen Madigan

The National Federation of Independent Business’s small-business optimism index rose 0.1 point to 93.9 in January from 93.8 in December, the fifth consecutive month that small-business owner confidence increased. However, the better sentiment has not translated into more jobs.

“Owners became less pessimistic about the outlook for business conditions and real sales growth, but that optimism did not show up in hiring or spending for more inventories,” according to NFIB. Weak labor markets have been a key drag on the economic outlook. NFIB says that its member firms had a zero net increase in workers per firm last month, running counter to the strong payrolls report released by the U.S. Labor Department on Feb. 3. “The NFIB data suggest that there will be some downward revision in the U.S. Bureau of Labor Statistics numbers,” the NFIB report says.

Alabama’s Immigration Law Could Cost Billions Annually
Bloomberg BusinessWeek (02/14/12) Elizabeth Dwoskin

Alabama’s new strict immigration law has not had the effect its backers anticipated. Thousands of immigrants have left the state, but unemployed Alabamians are not taking on the jobs left behind, and employers are struggling to fill the jobs. A new study published by the Center for Business & Economic Research at the University of Alabama shows the economic impact of strict immigration laws such as the ones passed by Alabama and five other states. The law will likely annually shrink Alabama’s economy by at least $2.3 billion and cost the state about 70,000 jobs, mostly due to reduced demand for goods and services provided by Alabama businesses frequented by immigrants.


Legal Watch


Deal Reached on Payroll Tax
Wall Street Journal (02/15/12) Naftali Bendavid; Kristina Peterson

Congressional negotiators reached a tentative a deal Tuesday night on extending the current payroll-tax cut through Dec. 31, as well as continuing longer unemployment benefits and avoiding a steep cut in Medicare doctors’ fees. The agreement followed a significant concession from House Republicans earlier in the week when they acquiesced to extend the payroll-tax break without paying for spending cuts. The deal could be formalized as early as today.

April 1 Deadline for Filing H-1B Visa Petitions Approaches
JDSupra (02/14/2012)

The federal government will begin accepting the filing of H-1B worker petitions for fiscal year 2013 starting April 1, 2012. U.S. Citizenship and Immigration Services will accept new petitions after April 1 until the H-1B cap is reached. The cap is 65,000 for FY 2012, with another 20,000 available for people who have earned at least a U.S. master’s degree. Although last year the cap was not reached until November, in previous years the cap was reached in the first few days of April, so employers are advised to have their petitions prepared for filing by March 30.

New Danger in Wage-and-Hour Disputes: Are You Prepared?
HR Morning (02/10/12) Tim Gould

A recent court case illustrates the growing danger to employers if they retaliate against wage-and-hour complaints. Kathy Minor was a medical technologist for Virginia-based Bostwick Laboratories. She and several co-workers met with Bostwick’s chief operating officer to complain that their supervisor altered workers’ time sheets on a regular basis to avoid showing the overtime hours they’d worked. Bostwick fired Minor within a week, saying there was “too much conflict with (her) supervisors and the relationship just (wasn’t) working.”

Minor sued, alleging the company fired her for making the complaint. In court, the company said it couldn’t be liable for retaliation, because an internal, informal complaint concerning a Fair Labor Standards Act issue isn’t protected and that a formal, official claim is the only activity covered under the statute. A lower court agreed with Bostwick, but an appeals court reversed the decision. The appeals court referenced a U.S. Supreme Court decision in which it ruled that an oral complaint could be protected under the FLSA if it’s “sufficiently clear … for a reasonable employer to understand it … as an assertion of rights under the statute.”

The bottom line for employers: Even the most casual mentions of possible wage-and-hour disputes may qualify as “claims”—and any action taken to discipline the employees involved might be considered retaliation by a judge.
ASA Members: Get More Information About Wage and Hour Laws

Read the article “Know What’s a Wage: Improperly Treating Wages as Per Diem Payments Can be Costly” in the November–December 2010 issue of Staffing Success magazine, and refer to the new 12th edition of Employment Law for Staffing Professionals.

DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits
Lexology (02/08/12)

There are several things employers undergoing audits by U.S. Immigration and Customs Enforcement should do, according to the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices. They should have a transparent process in place for communicating with employees during the audit, give employees a reasonable length of time to correct discrepancies in their records, and treat all workers the same regardless of their national origin or citizenship status. Additionally, companies should let unions know about the ICE audit, inform employees of the audit when requesting information related to the audit, and ensure that the information sought is described in writing.

Employers should not verify the employment eligibility of certain workers based on national origin or citizenship status or issue terminations or suspensions without notice or without giving employees time to submit valid Form I-9 documents. Among other things, employees who look or sound foreign should not be treated differently.


Trends and Research


Health Costs, Government Regulations Curb Small Business Hiring
Gallup Economy (02/15/12) Dennis Jacobe

Some 85% of U.S. small-business owners say they aren’t hiring. The reasons include not needing additional workers (76%); concerns about weak business conditions, including revenues (71%); the overall U.S. economy (66%); and cash flow or ability to make payroll (53%). Furthermore, almost half of small-business owners cite potential health care costs (48%) and government regulations (46%) as factors. A quarter are not hiring because they are concerned they may go out of business within the next year.

Linux Professionals in High Demand: Report
Muktware (02/15/2012) Swapnil Bhartiya

Of the more than 2,000 hiring managers at corporations, small and medium businesses, government organizations, and staffing firms worldwide polled by the Linux Foundation and Dice, 81% say hiring Linux talent is a priority this year. Linux talent with three to five years of experience is sought by 75% of respondents. However, 85% of respondents say it is somewhat to very difficult to find Linux talent, which observers say should prompt college students to consider Linux as a career. During the first half of 2012, 47% plan to hire more Linux professionals than they did during the last half of 2011.

Linux professionals saw their salaries rise 5% from 2010 to 2011, compared with a 2% increase for other tech professionals. Bonuses for Linux professionals surged 15%. With regard to perks, 37% of employers offer flexible schedules to Linux talent, 30% provide additional training and certification programs, and 28% offer bigger salary increases than the company norm.


ASA for You


Get Help Answering RFIs and RFPs

Create effective proposals with help from ASA—member firms have access to free marketing tools that can help you grow your business. The ASA industry marketing tool kit suggests language you can use in your responses to requests for information (RFIs), requests for proposals (RFPs), and in client presentations. Browse sample RFI and RFP queries and responses and choose the ones that best fit your situation.

The ASA marketing tool kit is available at americanstaffing.net.
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Meet Industry Peers in Your Community

Right in your area, staffing and recruiting professionals are attending valuable educational programs, hosting networking functions, and monitoring and acting on important legislative initiatives that affect your business. You can join them by becoming a member of the ASA-affiliated chapter in your area.

ASA has chapters in most states and the District of Columbia. These chapters are independent state or local trade associations affiliated with ASA. Chapters serve as the voice of the staffing industry in communications with state and local association members, legislative leaders, regulators, news media, businesses, employees, and residents. Membership in ASA and your state or local chapter helps you stay abreast of national, state, and local issues, and gives you the tools you need to provide superior service to candidates and clients in your area.

Get involved with the chapter in your area today. For more information and to see a video of your peers sharing their chapter experiences, visit americanstaffing.net. For more information, contact Tracy Rettie, assistant vice president, chapter relations and education, at 703-253-2028 or trettie@americanstaffing.net.
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February 14, 2012


Headline News
On Assignment Reports Fourth Quarter and Full Year 2011 Results
Insperity Announces Fourth Quarter and Full Year Results
BBSI Reports Fourth Quarter and Full Year 2011 Financial Results
Obama Seeks Consolidation of Jobs Programs in Labor Agency Cuts

Legal Watch
House Republican Leaders Pivot on Payroll-Tax Cut
U.S. Department of Labor Issues New Rules for Guest Workers

Trends and Research
Hiring Gains Are on the Horizon
LinkedIn Blows Other Social Networks Out of the Water for Recruiting

ASA for You
Upcoming ASAPro Webinars—Drug and Alcohol Testing, and the Value of Social Media
ASA CEO to Speak on Staffing Trends, Opportunities, and Challenges

Headline News


On Assignment Reports Fourth Quarter and Full Year 2011 Results
On Assignment News Release (02/14/12)

On Assignment Inc. today reported results for the quarter and the year ended Dec. 31, 2011. Revenues for the fourth quarter of 2011 were $161.8 million, up 34% year-over-year. Revenues for the full year 2011 were $597.3 million, up 36% year-over-year.

Net income for the fourth quarter of 2011 was $7.5 million, compared with $2.8 million for the fourth quarter of 2010. Peter Dameris, president and chief executive officer of On Assignment, said, “We believe we are well positioned to take advantage of what we believe will be historic secular and cyclical growth for the staffing industry over the next three to five years.”

Insperity Announces Fourth Quarter and Full Year Results
Insperity Inc. News Release (02/14/12)

Insperity Inc. today reported results for the fourth quarter and year ended Dec. 31, 2011. For the fourth quarter, the company reported net income of $10.8 million, a 39.2% increase over the $7.8 million earned in the 2010 period. For the year ended Dec. 31, 2011, the company reported net income of $30.5 million, a 35.8% increase over the $22.4 million earned in 2010.

Revenues for the fourth quarter of 2011 increased 13.7% over the 2010 period due to a 9.7% increase in the average number of work site employees paid per month and a 3.6% increase in revenues per work site employee per month. Revenues in 2011 were $2.0 billion, a 14.9% increase over 2010.

BBSI Reports Fourth Quarter and Full Year 2011 Financial Results
Barrett Business Services News Release (02/13/12)

Barrett Business Services Inc. reported financial results for the fourth quarter and full year ended Dec. 31, 2011. Net revenues for the fourth quarter of 2011 increased 15% to $84.7 million, compared with $73.6 million in the fourth quarter of 2010. Total gross revenues in the fourth quarter of 2011 increased 23% to $423.6 million, compared with $344.2 million in the same quarter of 2010. The increase was primarily attributable to the continued net increase in the company’s professional employer organization client count and to a small increase in same-store sales growth.

Net loss for the fourth quarter was $93,000, compared with net income of $3.1 million in the year-ago quarter, due to an increase to the company’s workers’ compensation reserve of approximately $8.5 million in the fourth quarter of 2011. Net revenues for the full year of 2011 increased 15% to $314.9 million, compared with $273.1 million in 2010. Net income in 2011 was $14.3 million, compared with net income of $7.4 million in 2010.

Obama Seeks Consolidation of Jobs Programs in Labor Agency Cuts
Bloomberg (02/13/12) Holly Rosenkrantz

President Barack Obama has proposed a consolidation of job-creation programs as part of his 2013 U.S. Department of Labor budget, which would see a 4% reduction. The savings reflect elimination of overlapping job-training programs and consolidation of regional offices.

The budget increases funding for agencies that protect worker wages, benefits, health, and safety, and invests in detecting employer misclassification of workers as independent contractors. The budget provides a $6 million increase for the Wage and Hour Division of DOL for intensified enforcement of the Fair Labor Standards Act and the Family and Medical Leave Act.


Legal Watch


House Republican Leaders Pivot on Payroll-Tax Cut
Wall Street Journal (02/14/12) Naftali Bendavid

House Republicans have agreed to extend the current payroll tax reduction for the rest of the year without spending cuts to offset the cost, a major breakthrough in the effort to reach bipartisan agreement on the issue. The revised stance was welcomed by Democrats, and one Democratic leadership aide says a final deal is now likely within 48 hours on a broader set of issues. “There are other important issues that remain, but this concession by the Republicans resolves the big enchilada in these discussions,” the aide says.

Republican leaders say they will advance legislation on the payroll tax alone as a “backup plan.” They add that the proposal still will have to be approved by their rank-and-file members, many of whom have adamantly opposed programs that would worsen the federal budget deficit.

U.S. Department of Labor Issues New Rules for Guest Workers
New York Times (02/11/12) Julia Preston

The U.S. Department of Labor on Feb. 10 announced changes to its H-2B temporary worker program, which lets overseas workers into the U.S. when qualified Americans are unavailable. Under the new rules, DOL will create a nationwide electronic registry where employers must post all jobs they are seeking to fill with H-2B workers. Also, the recruitment period of Americans is expanded, requiring employers to hire any qualified local worker who applies up to three weeks before the start of an H-2B contract. Employers that use the program regularly say the new rules, which will take effect April 23, will make the process too slow and cumbersome for their seasonal businesses and will ultimately lead to the loss of American jobs.


Trends and Research


Hiring Gains Are on the Horizon
ACA International (02/14/12)

A new report from the Society for Human Resource Management indicates that more companies plan to hire workers this month than lay them off, though the percentage expecting to add jobs is down 12.3% from last year. On a year-over-year basis, hiring will decrease by a net of 12.3 points in the service sector and a net of 2.5 points in the manufacturing sector. However, the SHRM Leading Indicators of National Employment Report shows that 26.3% of service-sector companies expect to hire workers this month, while only 5.4% are planning layoffs. Meanwhile, 49.1% of manufacturing companies plan to hire workers, and only 8.9% anticipate layoffs.

The recruiting-difficulty index for both sectors rose in January, with 12.2% of human resource managers in the manufacturing sector and 6.8% in the service sector indicating difficulty in recruiting for key positions. The number of firms reporting gains in new-hire compensation was up 1.8 points year-over-year in the manufacturing sector and 5.6 points in the service sector.

LinkedIn Blows Other Social Networks Out of the Water for Recruiting
WebProNews (02/13/12) Chris Crum

Employers use LinkedIn more than other social networks for recruiting purposes, according to a new report from Bullhorn Reach. “For job applications, LinkedIn is driving almost nine times more applications than Facebook and three times more than Twitter,” according to a spokesperson for Bullhorn Reach. The “Social Recruiting Activity Report” shows that the average recruiter adds 18.5 LinkedIn connections, 3.3 Twitter followers, and 1.4 Facebook friends every week. However, Twitter followers are nearly three times more likely than LinkedIn connections to submit applications.

The report also reveals that 48% of recruiters use only LinkedIn, 19% use only LinkedIn and Twitter, 10% use only LinkedIn and Facebook, 1% use only Facebook, 1% use only Twitter, and 1% use only Facebook and Twitter, but 21% use all three social networks. Additionally, 28% of recruiters have 1,000 or more LinkedIn connections, 75% have 100 or fewer Twitter followers, and 21% have 50 or fewer Facebook friends.
Which Social Networking Tool Does Your Firm Use for Recruiting?

Take just two seconds to answer this week’s Quick Poll question: Which social media platform is most effective as part of your company’s recruiting efforts? Vote now and stay tuned for the results next week.


ASA for You


Upcoming ASAPro Webinars—Drug and Alcohol Testing, and the Value of Social Media

Have you registered for the educational programs ASA is offering in February? ASA members have free access to ASAPro Webinars and most courses on ASAPro—the ASA online professional development center.

Register today forAll ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
ASA CEO to Speak on Staffing Trends, Opportunities, and Challenges

The Georgia Staffing Association, an ASA-affiliated chapter, will host a luncheon this Thursday, Feb. 16. Join ASA president and chief executive officer Richard Wahlquist as he discusses talent advocacy and the staffing and recruiting industry’s short-term and long-term future.

Finding top talent; matching top talent with needs and opportunities; and ensuring that top talent are nurtured, challenged, and on identifiable growth trajectories have become pressing strategic priorities for businesses in the U.S. and around the world. Wahlquist will discuss ways that you can best leverage new opportunities on behalf of your firm, your clients, and your candidates and employees.

For details and to register visit gsa.camp8.org. This meeting qualifies for continuing education hours toward ASA certification renewal.

February 13, 2012


Headline News
ASA Releases Medical Marijuana Issue Paper
Forecasters See Stronger Labor Market
Thousands of Jobs Expected for Skilled, Educated

Legal Watch
Weekend Payroll-Tax-Cut Talks Fail
The Hidden Messages in EEOC’s ‘Official’ Agenda
Arizona Softens Tone on Illegal Immigrants
Minimum-Wage Rolls Drive Albany Debate
Cities Use E-Verify While State Considers Banning It

Trends and Research
Ambulatory Setting Expected to Provide More Job Growth Than Hospitals
Law Firms Are Flocking to Washington
The 10 Best Cities for Social Media Job Seekers
Staffing Firm Ranks Orlando Among Best Cities for IT Hiring in 2012

ASA for You
Last Chance to Participate in the ASA Quarterly Employment and Sales Survey
Introducing Sections Sound-Off
ASAPro Webinar—The True Business Value of Social Media

Headline News


ASA Releases Medical Marijuana Issue Paper
American Staffing Association (02/13/12) Anne Duffy

Sixteen states and the District of Columbia have enacted laws decriminalizing the use of marijuana for medicinal purposes, raising questions about whether staffing firms doing business in these jurisdictions must accommodate medicinal use of marijuana or can refuse to hire or can terminate individuals because of their marijuana use. To help ASA members navigate these issues, ASA has published an issue paper by Frederick T. Smith, Esq., of Seyfarth Shaw LLP.

Although the reach of the new laws and their effect on the workplace have not been fully addressed by courts, the ASA issue paper provides timely practical guidance on how staffing firms can address workers’ use of medicinal marijuana. The issue paper “The Straight Dope on Medical Marijuana” is available to ASA members at americanstaffing.net.
Free ASAPro Webinar for Members

Smith will present the ASAPro Webinar “Best Practices for Drug and Alcohol Testing—What You Need to Know” Thursday, Feb. 23, 3–4 p.m. Eastern time. It’s free for ASA members ($295 for nonmembers)—register online at americanstaffing.net.

Forecasters See Stronger Labor Market
U.S. Federal Reserve Bank of Philadelphia (02/10/12)

The U.S. Federal Reserve Bank of Philadelphia’s first-quarter survey of professional forecasters has revised up the estimated job growth to average 144,100 per month in 2012. The previous forecast had estimated an average of 123,200 new jobs a month for the year. The U.S. unemployment rate for 2012 is now forecast to average 8.3%, down from the previous estimate of 8.8%.

Forecasters estimated growth in U.S. real gross domestic product for full-year 2012 at 2.3%, down from a previous estimate of 2.4%. Growth is projected to pick up through 2015 when forecasters estimate 3.1% growth.

Thousands of Jobs Expected for Skilled, Educated
Dayton Daily News (Ohio) (02/12/12) Cornelius Frolik

A new study by Wright State University’s Center for Urban and Public Affairs indicates that the number of job openings in computer science, insurance, and finance and accounting will surpass the number of college graduates with relevant degrees. The study suggests that young graduates with the right skills will have a competitive edge when seeking employment, as many of the state’s unemployed workers are not qualified for these jobs. The study expects job openings to rise 13% between 2011 and 2016 in the finance and accounting industry, 8% in computer science, and 6% in the insurance industry.

Ryan Hunt, career adviser with ASA corporate partner CareerBuilder, says some employers are having trouble finding eligible candidates because the fastest-growing job fields generally require workers who are highly skilled and highly educated. A lack of qualified candidates means 35% of information technology companies and 33% of financial service companies had positions that could not be filled, according to a 2012 survey from CareerBuilder.


Legal Watch


Weekend Payroll-Tax-Cut Talks Fail
Politico (02/12/2012) Jake Sherman; Manu Raju

Talks between the two top tax writers in Congress this weekend failed to bridge partisan differences over the payroll tax cut package, increasing the odds of another Washington showdown ahead of an end-of-the-month deadline. Senate Finance Committee Chairman Max Baucus (D-MT) and House Ways and Means Chairman Dave Camp (R-MI) exchanged offers throughout the weekend in an attempt to cut a deal on extending the payroll tax holiday and jobless benefits for millions of Americans. Talks appeared to turn sour late Sunday, with Republican aides accusing the Democrats of trying to scuttle the negotiations to provoke a crisis for political gain. Democrats dismissed that characterization, saying Republicans were holding up a deal by refusing to negotiate seriously over taxes and calling for unrelated policy riders.

The Hidden Messages in EEOC’s ‘Official’ Agenda
HR Morning (02/10/12) Tim Gould

In its recently released draft strategic plan, the U.S. Equal Employment Opportunity Commission indicates that it will maintain its aggressive approach to enforcing workplace discrimination laws despite budget cuts. The EEOC will continue to concentrate on “systemic discrimination,” in which a pattern of hiring or screening procedures could lead to a certain group of employees or applicants being discriminated against, and will take a holistic approach to investigating and litigating complaints, which means employers will need to provide more documentation earlier in the process. Additionally, the EEOC will turn its attention to “targeted, equitable relief” for “all employees and job seekers,” and observers believe relief will mean more than just additional training for supervisors and outside monitoring of employment practices.
Hear EEOC Regulators at the ASA Staffing Law Conference

Victoria A. Lipnic, commissioner of the U.S. Equal Employment Opportunity Commission, will be a panelist at the ASA Staffing Law Conference, April 17-18 in Washington, DC. Visit americanstaffing.net for more information.

Arizona Softens Tone on Illegal Immigrants
Wall Street Journal (02/13/12) Miriam Jordan

Since passing legislation in 2010 that made being an undocumented immigrant a crime and required police to make inquiries about immigration status, Arizona may be easing its approach to illegal immigration. The “Arizona Accord,” rolled out by business, civic, and religious leaders in January, calls for solutions on the federal level, emphasizes immigrants’ economic contributions, supports keeping families together, and encourages inclusion. Some lawmakers who supported state measures to crack down on illegal immigration now question the effectiveness of such a law and believe state and federal agencies can collaborate on a solution.

Meanwhile, a measure being considered in the current legislative session would ease a 2007 law cracking down on employers of illegal immigrants, providing a safe harbor for businesses that use the E-Verify system to check a worker’s status. Business leaders say the 2010 law hurt the tourism and convention industry and put a damper on some businesses, which were questioned about the status of their employees.

Minimum-Wage Rolls Drive Albany Debate
Wall Street Journal (02/13/12) Joseph de Avila

The number of people in New York state earning minimum wage has risen significantly since the beginning of the recession, one of the factors driving a debate in Albany over whether to raise the rate. Last year, the number of workers earning minimum wage was about 91,000, according to the U.S. Bureau of Labor Statistics, up sharply form 2008, when approximately 6,000 people earned the minimum wage. Democratic Assembly Speaker Sheldon Silver is backing a bill that seeks to raise the minimum wage from $7.25 an hour to $8.50 an hour, which would be indexed annually to the inflation rate.

Cities Use E-Verify While State Considers Banning It
Columbian (Washington) (02/12/12) Ray Legendre

Although three counties and 11 cities in Washington State have followed in the footsteps of Clark County in requiring that its contractors use the federal E-Verify system to make sure public works projects employ legal workers, state lawmakers are considering a bill that would prevent them from doing so. Under House Bill 2568, sponsored by Rep. Phyllis Gutierrez Kenney (D-Seattle), cities and counties could not require the use of E-Verify.

Supporters of the legislation say mandating E-Verify would cost more than $2 billion and hurt industries that rely on migrant workers. Officials whose jurisdictions use E-Verify, however, say it ensures compliance with federal law. In 2009, a joint legislative task force said the state lost $111 million in revenue from the construction industry, amounting to 5% of total lost revenue, due to illegal workers.


Trends and Research


Ambulatory Setting Expected to Provide More Job Growth Than Hospitals
American Medical News (02/13/12) Victoria Stagg Elliott

Over the next decade, as the population ages, the number of ambulatory care sector jobs likely will grow quicker than those for inpatient services and other sectors of the health care job market. The number of jobs in doctors’ offices will rise 32.7% from 2,315,800 in 2010 to 3,073,600 in 2020, according to a report by the U.S. Bureau of Labor Statistics. Hospitals will add more jobs, but the growth will be slower, rising from 5,695,900 jobs at hospitals in 2010 to 6,638,400 by 2020. The BLS report indicates job creation in doctors’ offices will be largely driven by new positions for managers, physician assistants, nurses, medical assistants, financial clerks, administrators, physicians, and surgeons.

Law Firms Are Flocking to Washington
Washington Post (02/13/12) Catherine Ho

Law firms of all sizes are opening Washington, DC, offices at an increased rate in order to position themselves for work centered around the capital’s regulatory apparatus. A Washington office “can make clients feel like they have people at the center of the regulatory universe,” says Jeffrey Lowe, managing partner of the DC office of legal staffing firm Major, Lindsey & Africa. “There’s a prestige factor there.”

The influx comes as the legal industry emerges from a downturn during which many big firms shed attorneys and staff. “There was a time when there was very little activity because firms were just not investing when the economy was totally uncertain,” says Steve Nelson, managing principal for the law and government affairs groups at the McCormick Group, an Arlington, VA-based executive search firm. “You saw that in 2008, 2009, and even 2010. But now I think leadership of firms have a good idea of the economic trends that affect them, and they’re seeing that DC is important because of some of the regulatory and government issues.”

The 10 Best Cities for Social Media Job Seekers
Mediabistro.com (02/12/12) Elana Zak

According to Internet marketing staffing firm OnwardSearch, New York City has the highest volume of social media jobs of any city in the country. New York is followed by San Jose, CA; San Francisco; Los Angeles; Boston; Washington, DC; Baltimore; Chicago; Seattle; and Philadelphia.

Staffing Firm Ranks Orlando Among Best Cities for IT Hiring in 2012
Orlando Sentinel (Florida) (02/09/12) Jim Stratton

Modis, an information technology staffing and recruitment firm based in Jacksonville, FL, has released a list of the top 12 cities in the U.S. and Canada for IT jobs in 2012, with Houston, Toronto, Orlando, San Francisco, and Minneapolis as the top five. Orlando made the list in part because of the Medical City project, which will bring 10,000 new jobs to the city and increase opportunities for those seeking jobs in health care IT. The area’s IT jobs likely will be in life sciences, health care, telecommunications, hospitality, financial services, modeling, and simulation and require candidates have knowledge of network administration, software engineering, project management, and Web development. The rest of the cities on the top 12 list for IT jobs are McLean, VA; Walnut Creek, CA; Detroit; Jacksonville; New York; Denver; and Boston.


ASA for You


Last Chance to Participate in the ASA Quarterly Employment and Sales Survey

The ASA quarterly survey on temporary and contract staffing closes today.

The Web-based survey, which collects data on sales, payroll, and employment, takes only about 15 minutes to complete. Participants receive a free exclusive report on the results, which includes payroll data available nowhere else. ASA corporate partner Inavero, a market research firm, administers the survey to ensure confidentiality of participant data.

Register today to take the survey or download a sample questionnaire. For more information, contact Alexandra Karaer, ASA director of research, at 703-253-2048 or akaraer@americanstaffing.net.
Introducing Sections Sound-Off

What do you think will be the trends to watch this year in the sector your staffing firm serves? How do you think the sector could change in 2012?

Find out how your peers answered this question in the latest issue of Staffing Success. Sections Sound-Off is a new column that highlights answers to intriguing questions from members in five different sectors: health care; industrial; professional; search and placement; and technical, information technology, and scientific.

To learn more about sector-specific resources, visit americanstaffing.net or contact Diana Mertz, senior manager, sections, at 703-253-1171 or dmertz@americanstaffing.net.
ASAPro Webinar—The True Business Value of Social Media

Tuesday, Feb. 28, from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Social Media—Get Beyond the Hype and Find Out the True Business Value.”

During this ASAPro Webinar, David Searns and Brad Smith of Haley Marketing Group will show you how staffing and recruiting firms are leveraging social networks in their sales and recruiting efforts.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.

February 10, 2012


Headline News
TrueBlue Reports 2011 Fourth Quarter Results
Job-Market Bellwether Strengthens
Quinn: Ban Hiring Discrimination Against Jobless
Demand Exceeds Supply for Some Health IT Jobs

Legal Watch
Administration Signals Flexibility in Defining “Full-Time” Employee for Purposes of Health Care Coverage
Contract Workers Get Help From Government
Missouri Employers’ Tax Rate Rises to Cover Unemployment Comp Loan

Trends and Research
Government Gridlock Killing Jobs? Not So, Yoh Work Force Planning Survey Shows
85% of Insurers Outsource Some Element of Information Technology

ASA for You
Don’t Wait for the Mail—Read Staffing Success Magazine Now
Staffing World® 2012 Welcomes Ground-Breaking Business Researcher and Best-Selling Author Jim Collins
Get a Model Contract for Technical, IT, and Scientific Staffing

Headline News


TrueBlue Reports 2011 Fourth Quarter Results
TrueBlue News Release (02/08/11)

TrueBlue Inc. has reported revenue for the fourth quarter of 2011 of $350 million, an increase of 12% compared to revenue of $312 million for the fourth quarter of 2010. Net income for the fourth quarter of 2011 was $7.6 million, compared to net income of $4.0 million for the fourth quarter of 2010.

In a conference call with investors, TrueBlue chief executive officer Steve Cooper said, “Revenues continue to show strong growth, and gross margins also look strong here in the beginning of 2012.”

For the first quarter of 2012, TrueBlue estimates revenue in the range of $300 to $310 million.

Job-Market Bellwether Strengthens
Wall Street Journal (02/10/12) Conor Dougherty

New claims for unemployment insurance declined 15,000 to 358,000 last week, the government reported Feb. 9, and the four-week moving average, at 366,250, reached its lowest level since April 2008. Economists welcomed the news, but some expressed caution that the job market could still stumble.

The recent warm weather likely contributed to more job creation in January and is also playing a part in declining jobless claims, because warm weather spurs building projects and other activities. In fact, a number of states said their jobless claims indicated fewer layoffs in construction. Furthermore, the volatility caused by hiring around the holidays seems to be subsiding.

Quinn: Ban Hiring Discrimination Against Jobless
Wall Street Journal Online (02/09/12) Samantha Gross

In a State of the City speech on Feb. 9, New York City Council speaker Christine Quinn said the council is considering a measure that would make it illegal for city employers to not hire applicants because they are unemployed, which she considers to be discrimination. Similar bills are being considered by state and federal lawmakers. Another proposal announced by Quinn would assist small businesses in hiring in neighborhoods with high unemployment rates using federal tax credits.

Demand Exceeds Supply for Some Health IT Jobs
Healthcare IT News (02/09/12) Bernie Monegain

A recent brief from eHealth Initiative concludes more health information technology job opportunities are available than qualified people to fill them. “Given the prevailing air of economic uncertainty in the U.S. and the unprecedented level of support for health information technology from the federal government, growth in health information systems may represent an untapped market for both job creation and market savings,” the brief states.

The issue brief notes there are large numbers of new job opportunities available at organizations focused on exchanging health care data. A large number of health information exchange initiatives are facing a shortage of staff with IT experience, with more than 25% of respondents reporting that they are short on staff with IT experience. Clinical software implementation and support (which includes jobs such as project managers, analysts, application coordinators, report writers, trainers, informatics staff, and technical writers) are identified as the skill sets most in demand.
For ASA Members Only: Health Care IT Developments in Staffing

ASA recently published “Get Ahead of the Health Care IT Boom” in its member magazine, which lands in mailboxes next week. View the digital version of the article now.


Legal Watch


Administration Signals Flexibility in Defining “Full-Time” Employee for Purposes of Health Care Coverage
American Staffing Association (02/10/12) Ed Lenz

ASA and its business allies in the Employers for Flexibility in Health Care coalition have been working to mitigate the effect of the Affordable Care Act on employers with large numbers of part-time, temporary, and seasonal employees. ASA has been urging the Obama administration to issue regulations requiring employees to work up to a full year before they can be considered full-time for purposes of an employer’s obligation under the act to offer health insurance coverage to employees or pay penalties.

Yesterday, the Obama administration took a significant step in a positive direction for the staffing industry. In questions and answers issued by the U.S. Department of Labor, the administration outlined the proposed guidance expected to be issued by the U.S. Internal Revenue Service and the U.S. Treasury Department for defining who is a “full-time employee.” The proposed rules are complex and may be challenging to administer, and several technical questions remain as to how they will work in practice. But they appear to give employers substantial flexibility and reasonable discretion in determining who must be offered health coverage.

ASA will be analyzing the FAQs in detail and will provide thorough analysis to its members in the coming days. The coalition will submit comments to the administration as appropriate.

Contract Workers Get Help From Government
Orange County Register (California) (02/09/12) Mary Ann Milbourn

The U.S. Department of Labor and California are cooperating and are pursuing companies that misclassify contract workers who should be treated as employees, the DOL and state officials announced Feb. 9. The issue is one of fairness, they said—not only for workers who are being underpaid but also for companies that already comply with the law and therefore are at a financial disadvantage.

“The misclassification of employees as something else, such as independent contractors, presents a serious problem, as these employees often are denied access to critical benefits and protections—such as family and medical leave, overtime compensation, minimum wage pay, and unemployment insurance—to which they are entitled,” said a DOL statement. “In addition, misclassification can create economic pressure for law-abiding business owners, who often struggle to compete with those who are skirting the law.”

Missouri Employers’ Tax Rate Rises to Cover Unemployment Comp Loan
Kansas City Star (02/09/12) Diane Stafford

Missouri made no principal payments during the last two years on a federal loan used to pay jobless benefits to unemployed workers, which means the state’s employers are now paying a higher Federal Unemployment Tax Act rate. The state was due to repay the loan by the target date of Nov. 11, 2011, but it carries an outstanding balance of $773 million. The state’s effective tax rate for taxable wages earned in the latter half of 2011 was 0.9%, but it has risen to 1.2% this year and stands to increase to 1.5% next year and 1.8% in 2014.


Trends and Research


Government Gridlock Killing Jobs? Not So, Yoh Work Force Planning Survey Shows
Yoh News Release (02/07/12)

A workforce planning survey of executives at 100 Global 1000 companies shows that political gridlock and indecision have relatively little effect on employment decisions compared to economic uncertainty. The survey—commissioned by Yoh, a provider of talent and outsourcing services, and conducted by Amplitude Research—found only 9% of respondents said that political uncertainty will discourage them from adding personnel in 2012. On the other hand, 61% reported that economic uncertainty represents the greatest obstacle to increased hiring in the new year.

The survey also uncovered a number of troubling realities that actually do dampen employment. Many of these factors revolve around the uncertainty of a company’s own hiring practices and could serve to delay a rebound in hiring as the economy heals and opportunities present themselves. The survey asked respondents how long it would take their organizations to recruit and train employees if the economy rebounded to prerecession levels. Approximately 62% reported that it would take three to nine months to find and train enough qualified employees to meet prerecession demand from clients. A surprising 24% of organizations indicated that they only re-evaluate staffing levels as needs arise, and 7% admitted having no plan at all.

85% of Insurers Outsource Some Element of Information Technology
Claims Journal (02/09/12) Denise Johnson

A new report by research and advisory firm Novarica, based on a survey of more than 100 U.S. insurer chief information officers, finds that 85% are currently outsourcing at least some elements of information technology, and between 25% and 35% are planning to increase their level of outsourcing in 2012.

Among the key findings of the report, large insurers outsource more than 25% of their IT work, while small and mid-size companies typically outsource only 15% of their IT work. More than a quarter of large insurers are planning to increase their reliance on outsourcing in variable staffing, legacy application maintenance, and data center/infrastructure.


ASA for You


Don’t Wait for the Mail—Read Staffing Success Magazine Now

ASA members can now access the latest issue of Staffing Success magazine as a digital edition. The print version of the January–February issue lands in mailboxes next week.

This issue features Chris Hoover, the 2012 National Staffing Employee of the Year, and tells the story of how a staffing firm helped him land his dream job as an interactive Web designer. Other features in this issue offer advice on getting ahead of the health care IT boom and insights on a new breed of self-motivated employees.
Staffing World® 2012 Welcomes Ground-Breaking Business Researcher and Best-Selling Author Jim Collins

Excitement is quickly building for Staffing World 2012, Oct. 9–11 in Las Vegas, where world-renowned business researcher and author Jim Collins will deliver a keynote presentation.

Ten years after releasing the global best-seller Good to Great, Collins returns with another ground-breaking work, this time to examine why some companies thrive in uncertainty, even in chaos, and others do not. Collins will present the latest research from his new book Great by Choice and share valuable insights and strategies with the crowd of executives that will convene at the annual ASA convention and expo.

An engaging and highly sought-after speaker, Collins draws record crowds at the few speaking engagements he accepts each year. See Collins address leadership strategies and employee motivation in this short video.

Staffing World is the can’t-miss event for staffing executives. Register today at staffingworld.org. Save up to $400 per person when you register by May 19.

Get a Model Contract for Technical, IT, and Scientific Staffing

In your technical, information technology, or scientific staffing business, do you feel pressured to accept clients’ contracts? Are your clients asking to be indemnified against various types of liability? To help ASA members and their attorneys deal with these and other issues, ASA has developed suggested contract language that spells out the staffing firm’s and the client’s responsibilities.

Six templates are available for various types of technical, IT, and scientific staffing:
  • Supplying technical services on a time and materials basis on the service company’s premises
  • Supplying technical services on a time and materials basis on the client’s premises
  • Supplying technical temporary personnel
  • Outsourcing
  • Supplying independent contractors
  • General employment
The materials are available to ASA members at americanstaffing.net. The model contracts for technical, IT, and scientific staffing provide suggested language but are not intended as legal advice.

February 9, 2012


Headline News
Jobless Claims Fall Again
Obama Advisers Offer Rosier Jobs Outlook
Accounting Firms Are Hiring
Unemployment Decline Masks U.S. Labor Force Drop: Economy
IT Employment Hits All-Time High
Small Businesses Planning to Hire in 2012: Wells Fargo Report

Legal Watch
E-Verify Adds Self-Check in Florida, Nationwide
Payroll Conferees May Meet Privately
Taxing Time

Trends and Research
America’s 10 Fastest-Growing (and Fastest-Shrinking) Jobs

ASA for You
Limited Benefit Plans Serve a Distinct Need in the Marketplace
Get a Model Contract for Search and Placement Staffing

Headline News


Jobless Claims Fall Again
Wall Street Journal (02/09/12) Jeff Bater

U.S. jobless claims fell by 15,000 to a seasonally adjusted 358,000 in the week ended Feb. 4, the U.S. Department of Labor reported Thursday. The unexpected decrease that gave further indication the jobs market is improving. The previous week’s figures were revised up, to 373,000 from 367,000. Economists surveyed by Dow Jones Newswires had expected claims to climb by 3,000 to 370,000. The four-week moving average of new jobless claims decreased by 11,000 to 366,250, coming in at its lowest number since April 2008.

Obama Advisers Offer Rosier Jobs Outlook
New York Times (02/09/12) Jackie Calmes

Economic advisers to President Obama have updated their forecasts in recent days and now project that the economy will create two million jobs this year if stimulus measures are extended, which could reduce the unemployment rate to about 8% by the end of 2012. Alan Krueger, chairman of the president’s Council of Economic Advisers, says the forecast was updated because the projection that will be published in the president’s annual budget is already “stale and out of date.”

The budget will project an average unemployment rate of 8.9% for 2012 and 8.6% for next year, based on economic conditions that prevailed in mid-November. Krueger notes the unemployment rate has declined “by an impressive 0.8 of a percentage point over the last six months and other job market indicators have improved” since November. “Private sector forecasters have shaved about half a percentage point from their 2012 unemployment rate forecast in response to the improvement in the job market since we made our forecast,” he states. Kreuger says the administration’s new outlook depends on the passage of Obama’s economic stimulus proposals, chiefly an extension through the year of a temporary payroll-tax cut and assistance for the long-term unemployed.

Accounting Firms Are Hiring
FINS (02/08/2012) Julie Steinberg

The U.S. Bureau of Labor Statistics estimates that the accounting profession will grow by 22% between 2008 and 2018, with as many as 500,000 jobs opening up. In a recent survey of finance professionals conducted by staffing firm Accounting Principals, half of all respondents indicated they expect their company to hire in 2012. Of the accountants surveyed, 74% said they are confident their firms will win new business this year, which would lead to more work and jobs.

Increased corporate revenue and profits are among the reasons for the positive trend. “More results means more transactions, more transactions means more accountants to oversee them,” says Brett Good, senior district president with Robert Half. Also, regulatory changes such as the Dodd-Frank financial reform regulation have resulted in a demand for accountants to verify transactions, notes Brendan Courtney, president of Mergis Group, a Florida-based recruiting firm.

Unemployment Decline Masks U.S. Labor Force Drop: Economy
BusinessWeek (02/08/12) Alex Kowalski

Although the U.S. unemployment rate fell to a three-year low of 8.3% in January, the U.S. Department of Labor reports that the number of working-age people in the labor force hit a 29-year low. The working-age population rose 1.51 million, but 83% of those people were not in the work force. The work force participation rate tumbled to 63.7% in January, as 88 million people age 16 and up were unemployed and not seeking work.

Even so, some U.S. Federal Reserve officials, including James Bullard, president of the Federal Reserve Bank of St. Louis, view the economic data as favorable, and staffing firms have reported growth since the end of 2009. Carl Camden, president and chief executive of the staffing firm Kelly Services Inc., says, “The ongoing economic uncertainty will help create a greater awareness of temporary staffing benefits and a secular shift in demand for temporary workers.”

IT Employment Hits All-Time High
Workforce (02/08/12)

The number of U.S. information technology jobs is on the rise, increasing by 13,300 in January to more than 4.1 million, a record high. The previous record was set in September 2008, when IT employment topped 4.08 million. On a yearly basis, IT jobs rose 3.4% in 2011, more than double the growth rate seen the previous year.

Small Businesses Planning to Hire in 2012: Wells Fargo Report
eWeek (02/08/12) Nathan Eddy

The Wells Fargo/Gallup Small Business Index survey for Jan. 9-13 indicates that small business optimism has hit its highest level since July 2008. The index rose to positive 15 from minus three in October, and its measure of future expectations climbed 13 points from October to 21. Of the small business owners polled, 22% plan to hire new employees during the next 12 months, while just 8% plan to eliminate employees. The hiring/firing differential was 14 percentage points, marking a four-year high.

The survey shows that 52% of small business owners hired workers during the past 12 months. While 65% hired as many workers as needed, up from 48% in November, 29% hired fewer than needed, down from 42%. About 15% are seeking new workers, but 21% find it difficult and 32% somewhat difficult to find qualified workers.


Legal Watch


E-Verify Adds Self-Check in Florida, Nationwide
Orlando Sentinel (Florida) (02/09/12) Laura Newberry

U.S. Citizenship and Immigration Services has expanded its E-Verify program’s “Self Check” service to all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam. In states with large immigrant populations, like Arizona, California, and Texas, the service has been in use since March 2011. The self-check feature enables prospective employees to immediately determine whether government agency databases accurately reflect their employment eligibility. Alejandro Mayorkas, director of USCIS, says, “It reduces the burden on the employer. The likelihood of verification is accomplished well beforehand.”

Payroll Conferees May Meet Privately
Roll Call (02/09/12) Daniel Newhauser

Members of Congress on the payroll tax cut conference committee say that negotiations might have to go behind closed doors for any real work to get done. Most of the contentious issues surrounding the extension of a payroll tax holiday remain unsettled. House Energy and Commerce Chairman Fred Upton (R-MI) says, “We haven’t had any progress with [talks] being in public, so maybe if we do one private meeting, we can actually make some progress.”

Energy and Commerce ranking member Henry Waxman (D-CA) agrees that with an end-of-month deadline, conferees might have to meet privately to hash out a deal. “The meetings have been productive, but it’s time to move now to another stage,” he says. “Now that we’ve stated our positions clearly, albeit sometimes with passion, we have to recognize that we have to reach common ground and get this legislation passed.”

Taxing Time
Healthcare Traveler (02/12) Joseph Smith

Before taking an assignment, health care travelers must understand the concept of a tax home or tax residence. Generally, a tax home/residence is where they earn most of their income, and when they have more than one job concurrently, it is the location of their primary, full-time job.

When health care travelers are negotiating with a staffing firm, tax-free allowances, stipends, per diems, and other reimbursements must be discussed because they become taxable compensation if the health care traveler lacks a tax home. These tax-free payments are intended as reimbursements for lodgings, meals, and transportation, and staffing firms must perform due diligence to determine whether the traveler has a tax home. Firms often will require them to complete a tax residence statement before taking an assignment. When auditing staffing firms, the U.S. Internal Revenue Service often uncovers discrepancies at the traveler level, increasing the likelihood that more individual travelers will be audited as well.


Trends and Research


America’s 10 Fastest-Growing (and Fastest-Shrinking) Jobs
The Atlantic (02/07/12) Jordan Weissmann

Registered nurses are at the top of the U.S. Bureau of Labor Statistics’ list of 30 occupations likely to record the biggest net job-growth through 2020, with another 711,900 to be hired as the nation’s population ages. The health care sector accounts for eight of the top 30 occupations, with more than three million jobs to be added over the next decade. Service industries also will add numerous jobs, with opportunities for college graduates in education, accounting, and corporate sales and for retail workers, waiters and waitresses, and janitors. Overall, BLS says 20.4 million jobs will be added by 2020.

However, advances in technology will make certain occupations irrelevant. Postal workers, typists, switchboard operators, file clerks, and agricultural workers are among the top 30 shrinking occupations. In the manufacturing sector, jobs in apparel, semiconductors, paper goods, and electronics will be eliminated due to competition from cheap overseas labor. Jobs requiring a high school diploma or less also will decline.


ASA for You


Limited Benefit Plans Serve a Distinct Need in the Marketplace

In yesterday’s issue of Staffing Today, ASA reported on a story in the March issue of Consumer Reports that was critical of “mini-med” and other limited benefit plans.

Limited benefit plans serve an important need for millions of individuals, especially hourly employees in the retail, restaurant, and staffing industries who work on a part-time, seasonal, or temporary basis. For those workers, limited benefit plans offer coverage of basic medical expenses at an affordable cost.

These plans typically provide defined dollar amounts of coverage for doctors’ office visits, primary care and specialists, X-rays, lab tests, prescription drugs, outpatient surgery, chiropractic treatments, and preventive care. Limited benefits plans generally have no waiting periods and no pre-existing condition limitations.

All insurance plans, including limited benefit plans, are regulated by all state departments of insurance and by the federal government. By law, limited benefit plans are required to prominently disclose to enrollees that they are not major medical health insurance plans.

The key for staffing firms looking to offer health care coverage to their temporary and contract employees is to find out as much as they can about the products for their workers and, in the case of limited benefit plans, to ensure that employees understand exactly what the plans cover and what they don’t. Specifically, employees need to know that limited benefits plans do not cover major medical or catastrophic health expenses.

As the Consumer Reports story suggests, when looking for health benefits coverage, it is important deal with a reputable, nationally known health insurance carrier that has experience in the staffing industry—such as Aetna, Allstate Workplace Division, BCS Insurance (Blue Cross and Blue Shield), Cigna, or Transamerica.

ASA corporate partners First Staff Benefits and Essential StaffCARE offer benefit plans that were designed specifically for the staffing industry.
Get a Model Contract for Search and Placement Staffing

Do you feel pressured to accept clients’ contracts? Are your clients asking to be indemnified against various types of liability?

ASA and the National Association of Personnel Services have jointly developed the first authoritative, professional template for firms that provide recruiting, search, and placement services to use as a model in preparing client agreements.

The model contract offers recruiting firms a basic agreement plus extensive optional provisions—along with detailed explanations as to their purpose and use—to afford great flexibility in tailoring the document to particular client circumstances. The model contract includes language dealing with alternative fee calculations, volume discounts, retainer and engagement fees, and various guarantee clauses, such as replacements, refunds, and credits. The model contract also lists provisions best avoided.

The model contract for search and placement staffing is available to ASA members at americanstaffing.net. The document provides suggested language but is not intended as legal advice.

February 8, 2012


Headline News
Kforce Reports Fourth Quarter and Full Year 2011 Results
Job Openings on the Rise in First Month of 2012, SimplyHired.com Reports
Team Health Holdings Inc. Announces Fourth Quarter and Fiscal 2011 Financial Results
Oil and Gas Boom Lifts U.S. Economy
More Job Openings, But Job Hunters Don’t Have Skills Needed
Consumer Reports Investigates ‘Junk’ U.S. Health Plans
Little Room for New Workers

Legal Watch
Lawmakers Move to Ban Discrimination Against Unemployed Individuals in Hiring
IRS Eases Fears About Voluntary Classification Settlement Program
Court Allows Employer’s Interference With Prospective Economic Advantage Claims to Survive in Lawsuit Claiming Employee’s Theft of Twitter Account
E-Verify Ordinance Passes in Springfield, MO

Trends and Research
2012 Salary Guide From Robert Half
After Increased Web Threats, Cyber Security Hiring Grows Slowly

ASA for You
ASAPro Webinar—Learn Best Practices for Drug and Alcohol Testing
Hot Off the Presses: Reduced Price on New 2012 “Why Staffing?” Brochure
Get a Model Contract for Professional Staffing

Headline News


Kforce Reports Fourth Quarter and Full Year 2011 Results
Kforce News Release (02/07/12)

Kforce Inc., a provider of professional staffing services and solutions, on Feb. 7 announced results for its fourth quarter of 2011. Revenue for the quarter ended Dec. 31, 2011, was $285.6 million compared with $289.0 million for the quarter ended Sept. 30, 2011, a decrease of 1.2%, and compared with $258.5 million for the quarter ended Dec. 31, 2010, an increase of 10.5%. For the quarter ended Dec. 31, 2011, Kforce reported net income of $7.1 million, versus $8.4 million for the quarter ended Sept. 30, 2011.

Kforce reported total revenue for the year ended Dec. 31, 2011, of $1.1 billion as compared with $990.8 million for 2010, an increase of 12.1%. Net income was $27.2 million, versus net income of $20.6 million for 2010.

In a conference call with investors, Kforce chairman and chief executive officer David L. Dunkel said, “Looking back on 2011, we believe that the staffing industry’s performance has been significantly different than in previous economic cycles. We continue to benefit from our clients’ desire for a flexible work force during the slow economic recovery.”

Job Openings on the Rise in First Month of 2012, SimplyHired.com Reports
SimplyHired.com (02/07/12)

SimplyHired.com has released its February 2012 Employment Outlook highlighting national and local markets, as well as industry and employer trends. Nationwide, job openings increased slightly in the first month of 2012, up 1.5% month-over-month and 9.2% year-over-year. “The job market has stabilized a lot compared to a few years ago,” says Gautam Godhwani, chief executive officer of SimplyHired.com. “This month’s immediate increase in job openings following the holidays indicates that 2012 should be a great year for hiring.” Fifteen of 18 industries experienced job growth in January. Industries with significant month-over-month growth include nonprofit (27.9%), hospitality (17.0%), and legal (12.6%).

Team Health Holdings Inc. Announces Fourth Quarter and Fiscal 2011 Financial Results
Team Health News Release (02/07/12)

Team Health Holdings Inc., a supplier of outsourced health care professional staffing and administrative services to hospitals and other health care providers in the U.S., on Feb. 7 announced results for its fourth quarter and full fiscal year 2011. Net revenue less provision for uncollectibles increased 17.4% to $462.0 million from $393.4 million in the fourth quarter of 2010. Acquisitions contributed 7.8%, new contracts, net of terminations contributed 6.1%, and same contract revenue contributed 3.5% of the increase in quarter-over-quarter growth in net revenue less provision. Reported net earnings were $13.3 million in the fourth quarter of 2011, compared with a net loss of $36.0 million in the same period of 2010.

Revenue less provision in the year ended Dec. 31, 2011, increased 14.9% to $1.75 billion from $1.52 billion in fiscal 2010. Same contract revenue contributed 4.0%, acquisitions contributed 5.1%, and new contracts, net of terminations contributed 5.9% of the increase in year-over-year growth in net revenue less provision. Reported net earnings were $65.5 million, compared to $6.8 million in 2010.

Oil and Gas Boom Lifts U.S. Economy
Wall Street Journal (02/08/12) Russell Gold

The U.S. economy is enjoying the fruits of a new energy boom, adding about 158,500 new oil and gas jobs over the past five years, and even more jobs in companies supplying the energy industry and in the broader service industry. The use of new drilling techniques to tap oil and gas in shale rocks far underground has been a major factor in the boom. While lower prices already have slowed new drilling for natural gas, energy companies have shifted their spending to shale wells that will provide oil. Even if gas prices stay low, overall employment is expected to continue rising, says John Larson, an economist with IHS Consulting.

President Barack Obama recently cited an industry study finding that development of shale gas will create more than 100,000 jobs by the end of the decade. For every new job working in the oil and gas sector, another four are supported by the energy supply chain and by workers spending more money on goods and services, says Timothy Considine, an independent economist who has worked on estimating job creation in the natural resources sector.

More Job Openings, But Job Hunters Don’t Have Skills Needed
USA Today (02/08/12) Tim Mullaney

The U.S. Department of Labor recently reported a gain in job openings to 3.4 million at the end of December and a decrease in the unemployment rate to 8.3%. However, experts say the recovery is not as robust or broadly based as previous recoveries, citing figures that 1.1 million workers have stopped looking for employment and the number of people unemployed for more than six months has dropped only to 43% from 44% a year ago. Troy Davig, senior U.S. economist at Barclays Capital, says job opportunities are expanding for workers with particular skills.

There are fewer job openings in construction, manufacturing, and government as these sectors are hiring more slowly than others. In the professional and business services sector, Davig says there is a mismatch between workers seeking employment and the jobs available, as employers are seeking 3.6 workers for every 100 they have now but the number of workers hired fell to 787,000 in December from 845,000 in November. Over 33% of entrepreneurs polled by the National Federation of Independent Business in January said they have not found candidates with the right skills.

Consumer Reports Investigates ‘Junk’ U.S. Health Plans
ABCNews.com (02/07/12) Mikaela Conley

Consumer Reports is warning against “mini-med” health care plans that offer limited benefits. “Mini-meds appeal to large employers in industries such as retail, food service, and temporary staffing,” says Nancy Metcalf, senior program editor at Consumer Reports.

Robert Zirkelbach of America’s Health Insurance Plans, the national trade association representing the health insurance industry, says, “For many seasonal, part-time, and temporary workers, these types of plans are their only source of affordable health care coverage.”

Little Room for New Workers
Wall Street Journal (02/08/12) Ben Casselman

Although the U.S. job market is showing signs of improvement, the churning process has slowed, with a new report showing a drop in the number of workers who quit their jobs in December to fewer than two million from a prerecession level of about three million per month. Churn usually is indicative of a strong economy, with workers leaving their jobs to accept another with higher pay and more responsibilities and allowing a new worker to take their place, but experts say people do not want to take a chance on a new job in the current economy. When employees do quit, companies are worried about the risks of hiring new workers and look first to fill the open positions with existing personnel. This means that new graduates, unemployed workers, and employees from other companies have fewer opportunities for employment, and the economy is less efficient when workers do not move to new jobs that are a better fit.

In the short term, University of Chicago economist Steven Davis says reduced churn will put a damper on the efforts of unemployed workers to find jobs, but the long-term consequences are unknown. However, experts say an improving economy means companies and workers will increase their appetites for risk.


Legal Watch


Lawmakers Move to Ban Discrimination Against Unemployed Individuals in Hiring
American Staffing Association (02/08/12) Anne Duffy

Federal and state lawmakers continue to pursue legislation that would declare as unlawful discrimination the use of job advertisements stating that only “currently employed” candidates are eligible to apply for a position. The U.S. Equal Employment Opportunity Commission has held that such practice could violate EEO laws by having a discriminatory disparate impact on protected classes of unemployed individuals.

The Fair Employment Opportunity Act, introduced in August 2011, would make it unlawful for an employment firm to refuse to consider or refer an individual for employment based on the individual’s status as unemployed or to classify individuals in any manner that may limit their access to information about jobs because of their status as unemployed. The bill would also prohibit publishing an advertisement or announcement for any job vacancy that includes any provision indicating that an individual’s status as unemployed disqualifies the individual for a job.

New Jersey is so far the only state to prohibit employers from discriminating against unemployed individuals, but similar bills have been introduced in several states and more are expected to introduce such legislation throughout the year.

IRS Eases Fears About Voluntary Classification Settlement Program
HRMorning.com (02/08/12) Christian Schappel

The U.S. Internal Revenue Service has set out to reassure employers about its Voluntary Classification Settlement Program—the IRS initiative introduced last fall and designed to help businesses clear up their tax problems associated with employee misclassification. Under the VCSP, employers that have misclassified employees as independent contractors can reclassify those workers. However, employers have expressed concerns about whether participation in the VCSP would lead the IRS to share information about a company’s classification practices with the U.S. Department of Labor and state labor agencies. The IRS has now released a statement asserting that it will not share information about VCSP applicants with DOL or state agencies.

Businesses also worried that an employer’s participation in the VCSP would essentially amount to admitting that it misclassified workers. However, the IRS indicates that signing the VCSP closing agreement is not an admission of any liability or wrongdoing for prior years.

Court Allows Employer’s Interference With Prospective Economic Advantage Claims to Survive in Lawsuit Claiming Employee’s Theft of Twitter Account
Seyfarth Shaw (02/07/12)

A California federal district court on Feb. 6 denied a former employee’s motion to dismiss his former employer’s claims for tortious interference with prospective economic advantage and negligent interference with prospective economic advantage in a closely watched lawsuit concerning the interplay between social media, trade secrets, and employee mobility.

E-Verify Ordinance Passes in Springfield, MO
Springfield News-Leader (Missouri) (02/08/12) Valerie Mosley

A controversial ordinance mandating the use of the federal E-Verify program in Springfield, MO, has passed, according to unofficial results from the Feb. 7 vote. The ordinance requires all employers in Springfield to use the federal government’s electronic employment eligibility verification program to check the work authorization of prospective hires—and, critics argue, existing employees. It adds penalties for those that do not and for anyone caught employing someone prohibited from working for any reason.


Trends and Research


2012 Salary Guide From Robert Half
Robert Half International (02/07/12)

The 2012 Salary Guide from Robert Half provides average starting salary ranges for a comprehensive range of accounting, finance, and financial services positions, as well as an overview of hiring and management trends. The Salary Guide says “companies positioning themselves for growth are hiring accounting and financing professionals. Employers are refilling positions cut during the recession, adding new ones, and making replacement hires to address attrition and turnover.”

After Increased Web Threats, Cyber Security Hiring Grows Slowly
Wanted Analytics (02/07/12) Abby Lombardi

Demand for workers with cyber security skills rose 12% in 2011 from the previous year, as the number of Web site hackings and other cyber threats increased. Although hiring was slow in the fourth quarter, experts say demand has grown slowly and steadily in recent years. Most job ads in the cyber security field are tech related, with cyber security analysts, cyber security engineers, software engineers, systems engineers, and network engineers among the most commonly advertised job titles.

In the fourth quarter, the industries with the most job ads included computer systems design services; research and development in the physical, engineering, and life sciences, except biotechnology; and engineering services. Despite security breaches, the retail and banking industries were not in the top 30 industries in terms of job ads. Wanted Analytics’ Hiring Scale says cyber security jobs are moderately difficult to recruit, and it could become more difficult if demand for cyber security skills rises this year. In Charleston, SC, for instance, Wanted Analytics says there are just 400 potential candidates, and online job postings are displayed for an average of seven weeks in this area, compared with six weeks nationally.


ASA for You


ASAPro Webinar—Learn Best Practices for Drug and Alcohol Testing

Coming up Thursday, Feb. 23, from 3 to 4 p.m. Eastern time is the ASAPro Webinar “Best Practices for Drug and Alcohol Testing—What You Need to Know,” presented by Frederick T. Smith, Esq., partner in the Atlanta office of Seyfarth Shaw LLP.

During this ASAPro Webinar, you will learn the steps to follow when implementing drug testing, common signs and symptoms of illegal drug use, and much more.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
Hot Off the Presses: Reduced Price on New 2012 “Why Staffing?” Brochure

Are you looking for an easy-to-understand brochure that effectively explains key staffing industry messages? The attractive, newly updated “Why Staffing?” brochure complements your efforts when communicating with potential clients and candidates.

The new brochure includes data to help you explain key staffing industry messages.
  • Flexibility, training, and choice add up to very high job satisfaction for staffing employees.
  • Staffing firms provide qualified employees who fill a broad range of assignments.
  • Staffing firms fuel the economy with millions of workers who get the job done right, right now.
ASA members can order the “Why Staffing?” brochure—it’s only $39 per 100. Read how you can improve your firm’s marketing efforts at americanstaffing.net.
Get a Model Contract for Professional Staffing

Do you feel pressured to accept clients’ contracts? Are your clients asking to be indemnified against various types of liability? To help ASA members and their attorneys deal with these and other issues, ASA has developed suggested contract language that spells out the staffing firm’s and the client’s responsibilities.

The model contract for professional staffing can be offered in lieu of the client’s standard contract form. It is based on the principle that each party is responsible for the risks associated with its own business, and that each party has a duty to indemnify the other only for those risks.

The model contract for professional staffing is available to ASA members at americanstaffing.net. The document provides suggested language but is not intended as legal advice.
ASA Staffing Today is published by the American Staffing Association, with news abstracts copyrighted in 2012 by Information, Inc., Bethesda, MD, and all other content copyrighted in 2012 by ASA. No part of this publication may be reproduced without permission.

February 7, 2012


Headline News
Unemployment Drop Still Leaves Low Skill Workers Behind
Is the ‘Jobless Recovery’ Over?
Looking for Work? There May Be an App for That

Legal Watch
California DLSE Issues Revised Wage Theft Law FAQs
Court: Warehouse Can’t Fire Contract Workers
Payroll Tax a Mess in the Making

Trends and Research
Search and Placement Employment Down Just Slightly in December
Adecco Staffing US Releases Annual Job Market Perspectives Report
Randstad U.S. Employment Report: U.S. Worker Confidence Jumps Five Points; Biggest Increase on Record
Monster Employment Index U.S. Rises 9% on Annual Basis, but Decelerating Due to Seasonality and Market Conditions
January U.S. Employment Trends Index Rises
Survey: Start-Up CEOs Expect Strong Revenue Growth in 2012

ASA for You
Learn About Locum Tenens Trends—ASAPro Webinar Today
ASA CEO to Speak on Staffing Trends, Opportunities, and Challenges
Get a Model Contract for Health Care Staffing

Headline News


Unemployment Drop Still Leaves Low Skill Workers Behind
Washington Post (02/07/12) Michael Fletcher

Although the U.S. unemployment rate is now at a three-year low of 8.3%, experts say workers with a high school diploma or less have few employment opportunities. Close to 33% of the labor market has just a high school diploma, and the Urban Institute says more than 10% of these workers joined the ranks of the unemployed from late 2007 to early 2011. Meanwhile, about 20% of high school dropouts have become unemployed since 2007, and 13.1% of this group was unemployed in January.

Experts say finding a place in the work force for low-skilled workers remains a challenge, especially as community college budgets for job training programs have been cut. Linda Rice, president of Brevard Workforce, a job-training and placement service in Brevard County, FL, says many of these workers lack the necessary math, computer, and technical problem-solving skills.

Is the ‘Jobless Recovery’ Over?
CBS News (02/06/12) Dan Burrows

Although the January jobs report generally is disappointing as companies lay off temporary workers hired for the holidays, the most recent jobs report surpassed expectations. Ed Yardeni, economist and president of Yardeni Research, believes a shift has occurred from a “jobless recovery,” in which there is economic growth but no increase in hiring, to a “job-full expansion.”

Not only did payroll employment post its biggest month-over-month gain since April 2011, but household employment jumped 847,000 in January—the largest increase in nine years. Yardeni says the recovery may have begun months ago, as payroll employment increased by an average of 183,400 per month over the past five months, but January’s report was the first one to show across-the-board improvement.

Looking for Work? There May Be an App for That
Associated Press (02/07/12) Michael Liedtke

A new report from the technology trade group TechNet indicates that 466,000 jobs have been created since 2007 due to rising demand for apps—the services and tools built to run on smart phones, computer tablets, and Facebook’s online social network. These include 311,000 jobs at companies that develop apps and 155,000 jobs created by local merchants as higher spending on apps enabled them to expand their businesses. Economist Michael Mandel, who compiled the report, says an increase in devices running on the Google, Research in Motion, and Microsoft operating systems and the emergence of Internet-connected appliances could further spur job creation.

The report calculates that one nontechnical job in sales, marketing, human resources, or other administrative areas is created for every new app programming job. Most of the apps jobs are located in the San Francisco Bay area, New York, and Seattle, but TechNet says they are popping up in Philadelphia, Detroit, and Phoenix as well.


Legal Watch


California DLSE Issues Revised Wage Theft Law FAQs
American Staffing Association (02/06/12) Stephen Dwyer

California Labor Code section 2810.5(a) requires that certain wage and other information be provided to each employee at the time of hire in the language the employer normally uses to communicate employment-related information. On Jan. 23, the California Division of Labor Standards Enforcement issued revised frequently asked questions (FAQs) regarding the law, which became effective Jan. 1.

The revised FAQs were issued in response to widespread criticism from employers and employer groups that DLSE had not provided adequate guidance for compliance. ASA was among the first to seek clarification regarding the law’s implementation, particularly with respect to the notice to be provided to temporary employees. Accordingly, ASA developed a suggested notice form that reflects the practical realities of the temporary staffing business and addresses the statutory requirement that “employers must notify employees of the rate or rates of pay.” The form was developed in consultation with ASA California employment law counsel Richard Simmons of the law firm Sheppard Mullin in Los Angeles.

Court: Warehouse Can’t Fire Contract Workers
Workforce (02/03/12)

A judge in California recently issued a preliminary injunction to prohibit firing of contract workers at a Walmart-contracted warehouse in Mira Loma. The warehouse operator, Schneider Logistics Inc., and Premier Warehousing Ventures LLC—the staffing firm that staffed provided employees for the operation—are being sued for alleged improper record-keeping, inadequate payment for hours worked, and failure to provide meal and rest breaks. Premier Warehousing gave workers a termination letter saying their jobs would end Feb. 24, and indicated it would not rehire any of the workers.

The judge ruled the workers would likely be able to prove the firing was retaliatory. The judge also rejected Schneider’s argument that it was not a joint employer.

Payroll Tax a Mess in the Making
Politico (02/06/12) Seung Min Kim

U.S. House Ways and Means Committee Chairman Dave Camp (R-MI) has warned Republican leadership that ongoing negotiations to extend the payroll tax cut are getting nowhere. The possibility of another shorter deal, such as the current two-month extension, has been broached, but Republicans say they will not accept that. “Small-business job creators need the certainty of a full-year extension—not another two-month fix—and the speaker is opposed to another two-month fix,” says Michael Steel, a spokesman for John Boehner, speaker of the House.


Trends and Research


Search and Placement Employment Down Just Slightly in December
American Staffing Association (02/07/12) Alexandra Karaer

Recent employment data, released last Friday from the U.S. Bureau of Labor Statistics, showed that search and placement employment in December was down 0.2% from November, totaling 280,200 for the month. In a year-to-year comparison, December employment was up 8.7% from the same month in 2010.

BLS employment estimates for search and placement firms are available on a nonseasonal basis only, and reports lag by one month.

Adecco Staffing US Releases Annual Job Market Perspectives Report
PRNewswire (02/06/12)

Adecco Staffing US has released its annual Job Market Perspectives white paper. While 2011 started with cautious optimism for job growth and the risk of a double-dip recession, the economy was still able to average an additional 130,000 jobs a month and close out the year with the national unemployment rate at 8.5%. Based on this, 2012 will have to be marked with consistent job growth to continue the economic and labor market recovery.

Adecco’s 2012 Job Market Perspectives report examines both the current and future state of the labor market while also exploring how trends in U.S. economic development, as well as the upcoming presidential election, will impact America’s work force. “As we turn the corner on past economic troubles, we are optimistic about the potential of the job market in 2012,” says Joyce Russell, president of Adecco Staffing US.

Randstad U.S. Employment Report: U.S. Worker Confidence Jumps Five Points; Biggest Increase on Record
MarketWatch (02/03/12)

Recording its biggest climb since the survey’s inception, the Randstad Employee Confidence Index was 52.4 in January 2012 from 47.4 in December 2011. U.S. workers continue to be optimistic about the economy and job market, as their macroeconomic confidence increased 8.5 points this month to 40.1.

“Economists’ expectation of a stronger and more stable U.S. job market created a strong jump-start for this first Employee Confidence Index of 2012,” says Joanie Ruge, senior vice president and chief employment analyst of Randstad Holding US. “We remain very encouraged that our latest U.S. Employee Confidence Index rose 5.0 points—the biggest increase since the survey began over seven years ago.”

Monster Employment Index U.S. Rises 9% on Annual Basis, but Decelerating Due to Seasonality and Market Conditions
Monster Worldwide Inc. News Release (02/03/12)

Online recruitment activity in the U.S. decreased for the third consecutive month in January, according to new data from Monster Worldwide. The Monster Employment Index fell sharply to 133 in January from 140 in December. However, the indicator climbed 9% from the prior year. In November and October, the readings were 147 and 151, respectively.

January U.S. Employment Trends Index Rises
Dow Jones Newswires (02/06/12) Javier David

The Conference Board’s Employment Trends Index found U.S. companies appeared to step up hiring efforts in January. The ETI rose 0.73% in January to 105.81, up from December’s revised figure of 105.04 and up 5.9% from the same period last year.

Despite the ETI rising for four consecutive months, the Conference Board expressed some caution. “We expect sluggish growth in economic activity in the first half of 2012 and therefore we do not foresee the strengthening of the labor market to be sustained in the second quarter of 2012,” even though job growth currently seems more robust, says Gad Levanon, director of macroeconomic research at the Conference Board.

Survey: Start-Up CEOs Expect Strong Revenue Growth in 2012
Wall Street Journal Online (02/06/12)

A recent poll of 87 start-up chief executives by ExpertCEO indicates that 80.4% anticipate revenue increases this year, and 47.1% of these respondents think revenue will rise by more than 20%. The survey also shows that 55.8% of chief executives plan to increase their work forces this year. Only 5.8% expect their work forces to shrink, and 38.4% do not anticipate any work force changes.


ASA for You


Learn About Locum Tenens Trends—ASAPro Webinar Today

Today from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Have Stethoscope, Will Travel—The Growing Use of Locum Tenens,” presented by Kurt Mosley of AMN Healthcare. He’ll offer practical guidelines about the use of locum tenens physicians.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
ASA CEO to Speak on Staffing Trends, Opportunities, and Challenges

The Georgia Staffing Association, an ASA-affiliated chapter, will host a luncheon Feb. 16. Join ASA president and chief executive officer Richard Wahlquist as he discusses talent advocacy and the staffing and recruiting industry’s short-term and long-term future.

Finding top talent; matching top talent with needs and opportunities; and ensuring that top talent are nurtured, challenged, and on identifiable growth trajectories have become pressing strategic priorities for businesses in the U.S. and around the world. Wahlquist will discuss ways that you can best leverage new opportunities on behalf of your firm, your clients, and your candidates and employees.

For details and to register visit gsa.camp8.org. This meeting qualifies for continuing education hours toward ASA certification renewal.
Get a Model Contract for Health Care Staffing

At your health care staffing firm, do you feel pressured to accept clients’ contracts? Are your clients asking to be indemnified against various types of liability? To help ASA members and their attorneys deal with these and other issues, ASA has developed suggested contract language that spells out the staffing firm’s and the client’s responsibilities.

The model contract for health care staffing can be offered in lieu of the client’s standard contract form. It is based on the principle that each party is responsible for the risks associated with its own business, and that each party has a duty to indemnify the other only for those risks.

The agreement specifies a list of documents to maintain for each assigned employee and the types and limits of insurance the staffing firm will carry. Supplemental materials include frequently asked questions about the health care staffing agreement and insurance certification, definitions of insurance terms, and more. Alternative language for traveler positions is included. The materials are available to ASA members at americanstaffing.net. The model contract for health care staffing provides suggested language but is not intended as legal advice.

February 6, 2012


Headline News
Recovery Redraws Labor Landscape
Latinos, Hit Hard by Job Losses, Are Making Strong Comeback
Factory Orders Jump 1.1% as Businesses Invest in Heavy Machinery

Legal Watch
Payroll-Tax Cut Backup Plan Prepared in Case Negotiations Fail
NLRB Report: Employers’ Social Media Policies Must Be Narrow, Must Not Restrict Right to Engage in Protected Activities
DHS Outlines Plans to Reform Visa Processes to Keep Highly Skilled Immigrant Workers

Trends and Research
Out of Time: Majority of Large Customers Use Term Limits
Self-Employed Key to Economic Recovery; Help Them
Workers Focusing On Personal Debt
IT Staffing Is Specialty for St. Louis-Area Temporary Firms

ASA for You
Learn About Locum Tenens Trends—ASAPro Webinar Tomorrow
ASA Quarterly Employment and Sales Survey Deadline Extended
Get a Model Contract for Staffing Agreements

Headline News


Recovery Redraws Labor Landscape
Wall Street Journal (02/04/12) Ben Casselman

The jobs report released Feb. 3 reveals that nearly every industry added workers in January, with restaurants, health care, manufacturing, and professional and business services registering the biggest hiring gains. Since mid-2011, around 164,000 health care jobs, 167,000 leisure and hospitality jobs, and 94,000 manufacturing jobs have been added. Over the same period, 109,000 temporary workers were hired. However, the construction and manufacturing industry have yet to recover all of the jobs lost during the recession, and the public sector continues to shed jobs.

Low-wage sectors account for most of the recent increases in hiring, such as nursing aids and technicians in the health care industry and secretaries and temporary workers in the business services industry. Expert say the economic downturn was devastating for low-skilled workers, and the recent gains are making up for jobs lost during the recession. Some economists are concerned that the economy is leaning more toward low-skill, low-wage jobs due to the shift from manufacturing to services.

Latinos, Hit Hard by Job Losses, Are Making Strong Comeback
Los Angeles Times (02/06/12) Don Lee

As the economic rebound picks up a bit of steam, Latinos are scoring bigger job gains than most other demographic groups and proving to be a bright spot in the fledgling recovery. Figures from the U.S. Labor Department show that while Latinos make up only 15% of the country’s work force, they have racked up half the employment gains posted since the economy began adding jobs in early 2010.

The latest Latino jobless rate of 10.5% remains higher than the overall rate of 8.3% for the nation and 7.4% for whites. The construction industry remains weak, but other sectors in which Latinos have a relatively large share of jobs—such as mining support services, hotels, food services, health care, and manufacturing—are seeing more robust job growth. Latinos also appear to be more willing to take low-wage, temporary jobs, and to be more mobile, willing to move from one county to another to get a job.

Factory Orders Jump 1.1% as Businesses Invest in Heavy Machinery
New York Times (02/04/12)

Orders to factories increased in December, supported by a rebound in business investment in capital goods. In addition, service companies grew at the fastest pace in 11 months in January as companies started hiring to keep up with rising demand. Factory orders rose 1.1% in December after gaining 2.2% in November, the U.S. Commerce Department reported. For the year, total orders were up 12.1% after a gain of 12.9% in 2010. Orders for so-called core capital goods increased 3.1% to a record high.

Separately, the Institute for Supply Management said on Friday that its index of nonmanufacturing activity jumped to 56.8% in January from 53% in December. The survey’s employment index soared to its highest level since February 2006. Any reading above 50 indicates expansion.


Legal Watch


Payroll-Tax Cut Backup Plan Prepared in Case Negotiations Fail
Bloomberg (02/03/12) James Rowley

Senate Democrats are devising a backup plan to extend a payroll tax cut and emergency unemployment benefits that are scheduled to expire in coming weeks if discussions with the Republican-controlled House of Representatives do not culminate in a deal. The House-Senate negotiators “understand there is a backup plan” being drafted by Senate Democratic leaders, says Senate Majority Leader Harry Reid (D-NV). “If we have to put it forward, we will.” If Congress does not make a decision by Feb. 29, the payroll tax for employees will increase by two percentage points.

NLRB Report: Employers’ Social Media Policies Must Be Narrow, Must Not Restrict Right to Engage in Protected Activities
Lexology (01/30/12) Jillian Collins

The U.S. National Labor Relations Board has released a new report providing guidance on the rules employers are allowed to place on employees when discussing work on social media. The NLRB says that “employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.” However, “an employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activities among employees.”

The key takeaway for companies is that the NLRB takes the position that broad policies that substantially limit social media communications may violate Section 7 of the National Labor Relations Act, which protects an employee’s right to engage in concerted activities for the purpose of mutual aid and protection. Employers, especially nonunion firms that handle labor issues less frequently, should be mindful of the requirements of Section 7 of the NLRA when crafting social media policies. Employees must be allowed to discuss with each other the terms and conditions of their employment, regardless of the social media platform.

DHS Outlines Plans to Reform Visa Processes to Keep Highly Skilled Immigrant Workers
Government Security News (02/01/12) Mark Rockwell

The U.S. Department of Homeland Security is working to change some administrative practices to make the visa process easier for highly skilled immigrants who want to come to or remain in the U.S. for work purposes. DHS says the changes are in support of President Obama’s efforts to meet the country’s national security and economic needs. Obama supports legislative measures that will attract and retain highly skilled immigrants, including creating a “Startup Visa,” shoring up the H-1B program, and “stapling” green cards to the diplomas of some foreign-born graduates in science, technology, engineering, and math.


Trends and Research


Out of Time: Majority of Large Customers Use Term Limits
Staffing Industry Review (02/01/12) Craig Johnson

The number of staffing clients saying they let temporary workers go because of assignment time limits in 2011—66%—was up from 55% that said they had assignment limits in 2009, according to a survey of staffing buyers by Staffing Industry Analysts. A majority of buyers cited “legal/co-employment risk” concerns as a reason for assignment limits, with “union agreements” and “historical decision of previous managers” also often cited. The survey polled 236 staffing buyers from large firms that employ more than 1,000 people.

The specter of the lawsuit Vizcaino v. Microsoft also lingers. In that case, from more than a decade ago, independent contractors sued Microsoft after a U.S. Internal Revenue Service audit ruled they were common law employees. The workers sued the company for unpaid benefits, and Microsoft ended up settling the “retro-benefits” case for $97 million.
For ASA Members Only: Issue Paper on Assignment Limits

The American Staffing Association has developed a valuable resource for its members called, “Assignment Limits and Client Concerns About Benefits Liability: Issues and Answers.” Download the ASA Issue Paper now.

Self-Employed Key to Economic Recovery; Help Them
San Francisco Chronicle (02/02/12) Carl Camden

Carl Camden, chief executive officer of Kelly Services Inc. and a member of the Business Roundtable, says a new approach is needed to create work in the U.S. economy, “one that acknowledges the sea change in what employment means. The time is ripe to overhaul rules, regulations, obstacles and policies that hinder individuals from working on a contract basis and that block businesses from hiring the talent they need.” Camden notes the size of what he calls the self-employed “free agent” work force now encompasses about 44% of the overall work force, or nearly 80 million people, according to Kelly’s research.

Camden cites the difficulties a self-employed entrepreneur faces, including uncertain U.S. Internal Revenue Service definitions, buying health insurance, and saving for retirement. He calls on government to streamline regulations covering free agents, and expand programs that help new entrants to the labor market understand the alternatives to conventional employment.

Workers Focusing On Personal Debt
Investor’s Business Daily (02/04/12)

A survey by finance, accounting, and staffing firm Accounting Principals finds that U.S. workers are concerned about their personal short-term finances rather than long-term investments in 2012. Paying down personal debt, such as credit cards and other outstanding bills, is a top priority for 43% of respondents, according to the survey. Only 27% of workers plan to put money away in an emergency savings fund, while 23% plan to contribute to their company’s 401(k) plan.

IT Staffing Is Specialty for St. Louis-Area Temporary Firms
St. Louis Business Journal (02/03/12) Nicholas Ledden

Half of the firms cited on the list of the St. Louis area’s largest temporary staffing firm have an information technology staffing focus. The 15 firms on this year’s list sent out close to 35,000 W-2s combined and kept anywhere from a dozen to more than 12,000 temporary or contract employees available for placement last year. The top five St. Louis-area staffing firms for 2011 were Rose International, Aerotek Inc., Byrne Software Technologies Inc., Adecco Group, and Technology Partners Inc. The list does not measure total employment numbers but aims to gauge a firm’s size.


ASA for You


Learn About Locum Tenens Trends—ASAPro Webinar Tomorrow

Tomorrow, Feb. 7, from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Have Stethoscope, Will Travel—The Growing Use of Locum Tenens,” presented by Kurt Mosley of AMN Healthcare. He’ll offer practical guidelines about the use of locum tenens physicians.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
ASA Quarterly Employment and Sales Survey Deadline Extended

The deadline for the ASA quarterly survey on temporary and contract staffing, which collects data on sales, payroll, and employment, has been extended to Feb. 13.

The Web-based survey takes only about 15 minutes to complete. Participants receive a free exclusive report on the results, which includes payroll data available nowhere else. ASA research partner Inavero, a market research firm, administers the survey to ensure confidentiality of participant data.

Register today to take the survey or download a sample questionnaire. For more information, contact Alexandra Karaer, ASA director of research, at 703-253-2048 or akaraer@americanstaffing.net.
Get a Model Contract for Staffing Agreements

Do you feel pressured to accept clients’ contracts? Are your clients asking to be indemnified against various types of liability? To help ASA members and their attorneys deal with these and other issues, ASA has developed suggested contract language that spells out the staffing firm’s and the client’s responsibilities.

The model contract for general staffing can be offered in lieu of the client’s standard contract form. It is based on the principle that each party is responsible for the risks associated with its own business, and that each party has a duty to indemnify the other only for those risks.

Sample formats for rate schedules, employee confidentiality agreements, and more are also available at americanstaffing.net. The model contract for general staffing provides suggested language but is not intended as legal advice.
ASA Staffing Today is published by the American Staffing Association, with news abstracts copyrighted in 2012 by Information, Inc., Bethesda, MD, and all other content copyrighted in 2012 by ASA. No part of this publication may be reproduced without permission.

February 3, 2012


Headline News
U.S. Jobless Rate Falls to Three-Year Low, Report Shows
Some Big Firms Are Hiring Big Numbers
Worker Productivity Rose at a Slower Pace in the 4th Quarter as Hiring, Work Week Increased
Small Business Hiring Flat in January: Poll

Legal Watch
EEOC Announces Enforcement Statistics and Priorities
Minimum Wage Rates May Climb This Year
Is It Time to Settle Employee Vs. Independent Contractor Issues?
Retaliation Leads the Way in Workplace Discrimination
Dissecting the DCCC’s ‘Red to Blue’ Districts

Trends and Research
Survey Has Encouraging Information About Jobs in Massachusetts

ASA for You
Learn About Locum Tenens Trends—ASAPro Webinar Next Week
ASA Members: Get Free ASAPro Webinars and Archived Courses

Headline News


U.S. Jobless Rate Falls to Three-Year Low, Report Shows
New York Times (02/03/12) Motoko Rich

The U.S. economy added 243,000 jobs in January, gaining momentum with a second straight month of better-than-expected gains, the U.S. Labor Department reported Friday. The unemployment rate slipped to 8.3%. The private sector remained the engine of new job gains, with private sector companies adding 257,000 jobs in January. Manufacturing, professional and business services, and leisure and hospitality were the industries with the biggest increases.
ASA: Staffing Industry Added 20,100 Jobs in January

Seasonally adjusted employment data released Friday by the U.S. Bureau of Labor Statistics indicated that the staffing industry added 20,100 new jobs (up 0.8%) from December to January. In a year-to-year comparison, temporary help employment for the month was 7.1% higher than in January 2011.

Nonseasonally adjusted BLS data, which estimate the actual number of jobs in the economy, indicated that the staffing industry shed 236,400 jobs (down 9.4%) from December to January. On a year-to-year basis, there were 7.8% more staffing employees in January compared with the same month in 2011. A decline in in staffing employment is normal for this time of year; from 2000 to 2010, the decline in staffing employment from December to January averaged 8.5%.

“Job seekers should be encouraged that 2012 is starting out on a bright note,” says Richard Wahlquist, president and chief executive officer of the American Staffing Association. “As the economy continues to mend, staffing and recruiting firms report that they expect businesses across virtually all sectors of the economy to continue strategically expanding their temporary and permanent work forces.”



Some Big Firms Are Hiring Big Numbers
United Press International (02/02/12)

ASA corporate partner CareerBuilder says at least a dozen U.S. corporations plan to add more than 500 workers to their payrolls, amounting to an aggregate 38,000 new jobs. “While unemployment remains high, the increasing number of companies with many openings means job seekers have a wider variety of industries and job types from which to choose,” says Matt Ferguson, chief executive at CareerBuilder.

Worker Productivity Rose at a Slower Pace in the 4th Quarter as Hiring, Work Week Increased
Associated Press (02/02/12)

U.S. productivity rose 0.7% in the final three months of 2011, according to a preliminary reading by the U.S. Labor Department. Slower productivity growth can be a good sign for hiring if economic growth picks up. Labor costs rose 1.2% in the final three months of last year, as wages and salaries grew at a faster pace than productivity. Still, inflation-adjusted wages fell 1.2% in all of 2011, the steepest annual drop since 1989.

Small Business Hiring Flat in January: Poll
Reuters (02/03/12) Emily Kaiser

A survey of 2,155 small businesses by the National Federation of Independent Business reveals that hiring was flat in January and that the percentage of small business owners with hard-to-fill job openings rose to a more than three-year high of 18%. According to the poll, 11% of small businesses added jobs at the same time that 11% eliminated jobs. The percentage of small business owners expecting to generate new jobs fell for the third straight month to 5%.


Legal Watch


EEOC Announces Enforcement Statistics and Priorities
Lexology (01/30/12) Paul Monsees

The U.S. Equal Employment Opportunity Commission recently released its latest enforcement statistics and issued a draft strategic plan highlighting a particular emphasis on pursuing systemic bias cases. The statistics reflect an increase in the number of employment discrimination charges received by the EEOC to 99,947, with retaliation the most frequently asserted complaint. The EEOC filed 300 lawsuits in fiscal year 2011, an increase of more than 10% over the prior year, but reduced the number of case filings from five years ago by more than 100.

In its draft Strategic Plan for 2012-16, EEOC announced that it will emphasize pursuit of systemic discrimination, which it describes as a “pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, profession, company, or geographic area.” EEOC statistics indicate that 23 systemic discrimination cases were filed in FY 2011 and that nearly 600 investigations were underway. Employers should continually examine their policies and practices to ensure that there is no disproportionate impact on any protected group.

Minimum Wage Rates May Climb This Year
USA Today (02/03/12) Paul Davidson

The number of states that have increased or could increase the minimum wage this year has reached a six-year high. In eight states that index the minimum wage to cost-of-living increases—Arizona, Colorado, Florida, Montana, Ohio, Oregon, Vermont, and Washington—the minimum wage automatically increased in January. New York and Connecticut are considering legislation that would boost the minimum wage and index further increases to inflation, and legislation that would implement basic wage increases is under consideration in California, Delaware, Hawaii, Illinois, Massachusetts, Missouri, and New Jersey.

Is It Time to Settle Employee Vs. Independent Contractor Issues?
Greater Lansing Business Monthly (Michigan) (02/02/12) Dennis Theis

Worker misclassification can result in substantial exposure to tax liabilities. The U.S. Internal Revenue Service recently announced the Voluntary Classification Settlement Program for companies that have misclassified their employees as independent contractors or other nonemployees. This may be a good time for companies to analyze how they have classified their employees and write a check to the IRS if necessary to put to rest previous classification problems.

Behavioral control, financial control, and the relationship of employer and worker are typically the primary factors to weigh, although no one factor will determine the classification. Criteria that may indicate the individual is an employee include providing instructions on where, when, and how to do the work; mandating or providing specific tools, equipment, or assistants to be used; and providing training about how the work is to be performed. Criteria that may indicate the individual is an independent contractor include substantial financial investment in the work performed; opportunity for profit or loss on the work; and significant unreimbursed expenses.

Retaliation Leads the Way in Workplace Discrimination
HR.BLR.com (01/31/12) Joan S. Farrell

Over the past few years, more laws prohibiting retaliation in the workplace have been added to the books at both the state and local level. In addition, decisions by courts and regulatory agencies have broadened the scope of existing laws. Federal laws such as the Fair Labor Standards Act and the Family and Medical Leave Act prohibit retaliation by employers when a worker complains about workplace discrimination or engages in a “protected activity” like being a witness in an investigation or filing a workplace discrimination charge with the U.S. Equal Employment Opportunity Commission. Several other laws (whistleblower laws, state workers’ compensation laws, and laws governing jury service, for example) contain retaliatory prohibitions as well.

To avoid retaliation claims companies should have a written policy prohibiting retaliation; train supervisors and managers about what constitutes retaliation and how to avoid it; refrain from firing workers out of anger; and apply policies and practices consistently.

Dissecting the DCCC’s ‘Red to Blue’ Districts
The Cook Political Report (02/02/12)

The Democratic Party has unveiled an initial list of 36 U.S. congressional districts currently held by Republicans but targeted for takeover by the Democrats. The list—promoted as “Red to Blue”—will have to be made longer for Democrats to have a legitimate chance of capturing the majority in the U.S. House of Representatives, since they will probably need to win between 35 to 45 newly created and Republican-held seats. Anticipating the need to expand the playing field, the Democratic Congressional Campaign Committee has added a list of 18 “emerging races,” most of which will inevitably be added to “Red to Blue” when candidates meet certain fundraising and/or polling benchmarks.
See Cook Report‘s Charlie Cook at the ASA Staffing Law Conference

Charlie Cook will be a featured speaker at the ASA Staffing Law Conference, April 17-18 in Washington, DC. Visit americanstaffing.net for more information.


Trends and Research


Survey Has Encouraging Information About Jobs in Massachusetts
NECN.com (02/01/12)

A survey by Professional Staffing Group, the largest staffing firm in Massachusetts, finds that over the next three months, the percentage of employers expecting to increase staffing has gone from 18% to 25%. Three times as many companies plan to hire in the next three months as plan to reduce jobs.

ASA chairman Aaron Green, founder and president of Professional Staffing Group, says that when the economic downturn hit, “companies did three things to reduce their labor costs. First they eliminated the use of temporary employees. Then they laid some employees off. Then they cut back on their full-time staff in terms of hours and in some cases their wages. What we are seeing is sort of a reverse of that effect.” With spending on training and continuing education down, Green says employers are looking for employees “to invest more in their own future.”


ASA for You


Learn About Locum Tenens Trends—ASAPro Webinar Next Week

Tuesday, Feb. 7, 3–4 p.m. Eastern time, attend the ASAPro Webinar “Have Stethoscope, Will Travel—The Growing Use of Locum Tenens,” presented by Kurt Mosley of AMN Healthcare. He’ll offer practical guidelines about the use of locum tenens physicians.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
ASA Members: Get Free ASAPro Webinars and Archived Courses

ASA introduced a new and exciting benefit for its members in 2012: Free ASAPro Webinars and more than 150 free archived courses for their entire staff. ASAPro Webinars qualify for continuing education hours toward ASA certification renewal.

For more information about this new ASA member benefit, ASA membership, or any of the ASAPro Webinars, contact ASA at 703-253-2020 or americanstaffing.net.

February 2, 2012

Jim Collins to Keynote Staffing World® 2012


Staffing World 2012, Oct. 9–11 in Las Vegas, is the can’t-miss event of the year for staffing and recruiting executives. The featured keynote speaker is business consultant and author Jim Collins—and registration is now open. Register online today.

The ASA annual convention and expo is the largest, most comprehensive event tailored specifically for the staffing industry. Nowhere else but Staffing World can staffing executives tap the top-notch professional development, top-level networking opportunities, and top-drawer products and services they need to take their firms—and the staffing industry—to the next level.

Visit staffingworld.org for details. Save up to $400 per person when you register by May 18. Jim Collins’ keynote is sponsored by ASA corporate partner World Wide Specialty Programs Inc.




Headline News
Kelly Services Reports 4th Quarter and Full Year 2011 Results
Jobless Claims in U.S. Fell Last Week
World’s Factories Pick Up the Pace
Poised for Growth, but Not Hiring
Construction Showing Growth
American Franchise Spotlight: Express Employment Professionals

Legal Watch
Staffing Industry Scores Big Win Before Texas Supreme Court
Hiring Contractors Without Getting Into Trouble

Trends and Research
Industry Employment and Output Projections to 2020
Research Roundup: The ‘Flip Side’ of Open Innovation, Productivity Losses From Bad Weather, and Assessing the Risks of Outsourcing
Inbound Marketing Trends in the Staffing Industry: Case Study

ASA for You
Spot Top Talent—ASAPro Webinar Today
Show Your Commitment to Principles, Integrity, and Fair Dealings

Headline News


Kelly Services Reports 4th Quarter and Full Year 2011 Results
Kelly Services News Release (02/02/12)

Kelly Services Inc. announced results for the fourth quarter and full year 2011. Carl Camden, president and chief executive officer, said revenue for the fourth quarter of 2011 totaled $1.4 billion, a 5% increase compared to the corresponding quarter in 2010. Revenue for the full year totaled $5.6 billion, a 12% increase compared to the prior year. Net earnings for the fourth quarter of 2011 totaled $24.1 million, 65% higher than the $14.6 million reported for the fourth quarter of 2010.

In a conference call with investors, Camden stated, “We enter 2012 with cautious optimism. Thus far, positive economic trends are continuing, and that will lead to greater demand for our services.”

Jobless Claims in U.S. Fell Last Week
Bloomberg (02/02/12) Bob Willis

U.S. jobless claims dropped by 12,000 to a seasonally adjusted 367,000 in the week ended Jan. 28, the U.S. Department of Labor said Thursday. The median forecast of 46 economists in a Bloomberg News survey projected 371,000. The four-week average of claims fell by 2,000 to 375,750. Companies are slowing the pace of firing as the U.S. economy picks up, a necessary step toward bigger gains in employment.

World’s Factories Pick Up the Pace
Wall Street Journal (02/02/12) Conor Dougherty

The U.S. manufacturing sector grew in January, and indicators point to additional growth in the coming months. The Institute for Supply Management’s index of overall activity climbed by one point to 54.1 in January from the prior month, roughly corresponding to economists’ forecasts. However, several economists believe it will be difficult for U.S. manufacturers to continue expanding at their current pace, due to an overall slowdown in the global economy.

Poised for Growth, but Not Hiring
Wall Street Journal Online (02/01/12) Emily Maltby

Small businesses with fewer than 50 employees added around 95,000 jobs in January, down from 136,000 in December and 111,000 in November, according to the new report from Automatic Data Processing Inc. While small-business owners are more optimistic about conditions at their firms, that optimism has not been translating into a hiring surge.

Over the past year, 22% of the 450 business owners polled added to their payrolls, and 30% expect to do so this year. Moreover, the number of small businesses posting revenue gains, expressing confidence about the future, and obtaining financing has increased since the previous survey in July. However, Todd McCracken, president of the National Small Business Association, notes the improving conditions have not prompted small businesses to increase hiring because they want to be in a better cash position before doing so. He says hiring employees is “a long-term decision,” and small businesses will remain cautious until they feel more confident about the broader economy.

Construction Showing Growth
New York Times (02/02/12)

Construction spending rose 1.5% in December, marking the fifth consecutive monthly gain, reported the U.S. Commerce Department. Builders spent on homes and other projects at a seasonally adjusted annual rate of $816.4 billion, the highest level in 20 months. For 2011, outlays on building projects totaled just $787.4 billion, down 2% from 2010 and roughly half the level that economists deem as healthy.

American Franchise Spotlight: Express Employment Professionals
Fox Business (02/01/12) Cindy Vanegas

The high unemployment rate has not put the brakes on staffing firms, as evidenced by the success of Oklahoma City-based Express Employment Professionals. To date, the company reports it has helped five million people find work through its 560 franchises. Robert Funk, chief executive of Express, says in an effort to become the nation’s No. 1 flexible staffing firm, the company plans to increase revenue from $2.1 billion to $3.4 billion and open as many as 70 locations annually in such places as Vermont, San Antonio, San Francisco, Boston, and Orlando over the next few years.


Legal Watch


Staffing Industry Scores Big Win Before Texas Supreme Court
American Staffing Association (02/02/12) Stephen Dwyer

The Texas Supreme Court issued an important ruling on Jan. 27 preserving workers’ compensation protection for staffing firm clients in Texas. The American Staffing Association and the Texas Association of Staffing, an ASA-affiliated chapter, filed an amicus brief in the case.

At issue was whether a client’s workers’ compensation policy protected the client from a wrongful death lawsuit after a temporary employee assigned by a staffing firm was killed on assignment in a grain silo. The Supreme Court held that, under Texas law, an employer’s workers’ compensation policy cannot cover some employees but not others. Because the client had secured a policy covering its employees, and because it was uncontested that the employee was jointly employed by the client and the staffing firm, the court found that the temporary employee was covered and thus dismissed the lawsuit.

Hiring Contractors Without Getting Into Trouble
New York Times (02/02/12) Katherine Reynolds Lewis

The government has been cracking down on companies that treat workers as contractors for wage, tax, and benefit purposes but as employees when it comes to their work duties. An audit conducted by either the U.S. Internal Revenue Service or the U.S. Department of Labor can overwhelm a small business—even if the issues raised turn out to be unfounded.

Kevin McCoy, partner with Kruchko & Fries, a labor and employment law firm based in McLean, VA, notes employers most often slip up when they try to fill a part-time or short-term need with an independent contractor, thinking that because the position is less than full time or of limited duration, it can be filled by a nonemployee. However, if an employer tells someone when, where, and how to work, that is not considered a contractor relationship.

Along with knowing the law, companies hiring contractors need to hire carefully. Kathleen Benson, president of Herndon, VA-based research firm ORI, says contractors are a quick and cost-effective way to bring in high-level talent with specialized expertise for data-intensive projects. ”One of the benefits of an independent contractor is that you can really zero in on very specific needs and skill sets,” says Benson, who uses temporary staffing firms like Flexforce Professionals in addition to ORI’s network. During the screening process, ORI checks references and conducts background checks. To ensure legal compliance, contractors must show proof of insurance and a record of self-employment tax payments. They must also maintain a dedicated work space, since many work from home.


Trends and Research


Industry Employment and Output Projections to 2020
Monthly Labor Review (01/12) Richard Henderson

The U.S. Bureau of Labor Statistics has released its latest projections, including an employment annual growth rate of 1.3% for the 2010-2020 period. The employment services industry (which is mostly temporary help services) is projected to add 631,300 jobs during this period—an annual rate of increase of 2.1%—and reach 3.3 million by 2020, placing this industry among those with the largest projected employment growth.

The employment services industry also is projected to enjoy a real output growth rate of 3.8% annually, increasing by $71.6 billion, to reach $229.3 billion by 2020—compared to a 2.9% real output growth rate for the overall economy. The demand for information technology, health care, and temporary help services is driving growth in this industry, according to the BLS.

Research Roundup: The ‘Flip Side’ of Open Innovation, Productivity Losses From Bad Weather, and Assessing the Risks of Outsourcing
Knowledge@Wharton (02/01/12)

In a recent paper published in Organizational Dynamics, Wharton professor Peter Cappelli says corporate managers often do not sufficiently consider risks when hiring temporary or contract workers, generally focusing on operational costs instead. A January 2012 survey by ASA and ASA corporate partner CareerBuilder predicts an increase in U.S. companies hiring temporary or contract workers to 36% this year from 34% in 2011.

Cappelli says managers should take a systemic approach to risk management when making decisions about outsourcing, and rather than focus on reducing costs, they should concentrate on reliability and responsiveness.

Inbound Marketing Trends in the Staffing Industry: Case Study
PRNewswire (02/01/12)

Inbound marketing company Grass Roots Marketing has announced the results of a case study, “Inbound Marketing for Staffing Agencies.” The study examines the Web site grade and social media platform activity of about 250 staffing firms; 233 were identified as American Staffing Association member firms, and 25 were identified as the biggest staffing firms in the U.S.

The upshot of the research was that typical staffing firms can boost their sales by allocating more resources to inbound marketing tools, and smaller firms can be just as effective as the top 25 firms. According to the survey, six of the eight most effective marketing tactics were Internet-related. These included a company Web site, e-mail blasts, social media, search engine optimization, e-mail newsletters, and search engine advertisements.


ASA for You


Spot Top Talent—ASAPro Webinar Today

Today from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Recruit Career Activists—The Top Talent Hidden in Every Generation,” presented by human resource consultant Peter Weddle. Get a preview of his book The Career Activist Republic and learn how to identify top talent in all generations.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
Show Your Commitment to Principles, Integrity, and Fair Dealings

ASA is committed to helping member companies create an environment where employees can thrive and clients can be assured of your commitment to principles, integrity, and fair dealings. As a condition of membership in ASA, each member pledges its support of, and adherence to, the principles and practices set forth in the ASA Code of Ethics and Good Practices.

In an ASA survey, clients said that the association’s code of ethics is the most important reason to work with an ASA member. The code helps companies support a positive image of the staffing industry and foster good relations with employees. To download the ASA Code of Ethics and Good Practices, visit americanstaffing.net.

February 1, 2012


Headline News
ManpowerGroup Reports 4th Quarter and Full Year 2011 Results
U.S. Private-Sector Employment Increased by 170,000 Jobs in January, According to ADP National Employment Report
Job Market Is Getting Better, But…
Undercover Video, Internal Docs Expose Worker Concerns at Lucas Oil Stadium

Legal Watch
‘Right to Know’ Rule Not Likely in 2012
When the EEOC Speaks, Employers Are Well-Served to Listen

Trends and Research
Mobile, Cloud, and Big Data Pros in High Demand for 2012
Law Firms Pursue Growth by Poaching in Tough Climate
American Workers Focused on Personal Financial Recovery for 2012
Employers Increasingly Willing to Negotiate on Salary
How About a Raise?

ASA for You
People 2.0: New ASA Corporate Partner
Spot Top Talent—ASAPro Webinar Tomorrow
Connect to ASA on LinkedIn, Facebook, and Twitter

Headline News


ManpowerGroup Reports 4th Quarter and Full Year 2011 Results
ManpowerGroup News Release (02/01/12)

ManpowerGroup reported revenues for the fourth quarter of 2011 totaled $5.5 billion, an increase of 5% from the year earlier period. Revenues from U.S. operations totaled $765.9 million for the fourth quarter, 1.4% less than the $777.1 million reported for the same period in 2010. For the entire year of 2011, revenues from U.S. operations totaled $3.137 billion, a 12.7% increase from the $2.783 billion reported for 2010.

“We had a strong fourth quarter performance,” says Jeffrey Joerres, ManpowerGroup chairman and chief executive officer. “The team executed well both operationally and strategically—we were able to achieve a 29% increase in underlying operating profit for the fourth quarter and 61% for the year, while substantially moving forward our strategic drivers.”

U.S. Private-Sector Employment Increased by 170,000 Jobs in January, According to ADP National Employment Report
ADP National Employment Report (02/01/12)

Private-sector employment increased by 170,000 from December to January on a seasonally adjusted basis, according to the latest ADP National Employment Report released today. The estimated gain in employment from November to December was revised down to 292,000 from the initially reported 325,000.

Employment in the private, service-providing sector increased 152,000 in January, after rising a revised 241,000 in December. Employment in the private, goods-producing sector rose 18,000 in January. Manufacturing employment increased 10,000, while construction employment advanced 2,000 during that period.

Job Market Is Getting Better, But…
CNNMoney (01/31/12) Paul R. La Monica

Around 200,000 jobs were created in December, and the unemployment rate fell to a three-year low of 8.5%. However, a CNN Money survey of economists predicts that the government jobs report slated for release on Feb. 3 will show a decline in the number of jobs created to 135,000 and a slight rise in the unemployment rate to 8.6%. Experts attribute the increase in jobs in December to the hiring of temporary workers for the holidays, and say flat personal spending, lackluster financial results recorded by businesses in the fourth quarter, and ongoing weakness in the housing market will slow labor market recovery.

However, Bobbi Moss, senior vice president of Scottsdale, AZ-based Govig & Associates, an affiliate of executive search organization MRINetwork, says there is growing demand for jobs in the manufacturing and health care industries and even the hard hit construction sector. She adds that her clients are giving out more signing bonuses and that she has seen more employers make counteroffers to people looking to leave, something that was almost unheard of a year ago.

Undercover Video, Internal Docs Expose Worker Concerns at Lucas Oil Stadium
WTHR-TV (Indianapolis) (01/31/12) Bob Segall

The Indiana Department of Labor and executives with Lucas Oil Stadium have begun independent investigations centering on MS Staffing and the firm’s practices. The staffing firm is providing hundreds of workers for the Super Bowl and provides year-round employees to Lucas Oil Stadium and a host of other companies in Indiana. The local television channel WTHR has received more than 60 complaints from MS Staffing employees who say their paychecks have been shorted week after week; employees are required to report to work in many cases hours before they begin work, but they are not compensated for that time. A former full-time staffer with MS Staffing says some employees refrain from complaining because they are in the U.S. illegally.

Upon learning about the payroll problems, MS Staffing installed electronic time clocks at Lucas Oil Stadium and the Indiana Convention Center to help prevent payroll mistakes. Co-founder and president Leticia Snoddy attributes the payroll problems to the company’s rapid growth. Snoddy says the company follows “all state and federal laws,” but acknowledges that it is still in the process of putting new systems in place to ensure all workers are legally eligible to work.


Legal Watch


‘Right to Know’ Rule Not Likely in 2012
Lexology (01/27/12) Bill Pokorny

The U.S. Department of Labor has for the past two years been considering revisions to the record-keeping regulations under the Fair Labor Standards Act that would require a company that classifies an employee as exempt to prepare a written justification of the basis for the exemption. This document would have to be provided to the employee and would be subject to inspection by DOL.

DOL’s plans for new regulations are published semiannually in the Unified Regulatory Agenda. In the most recent edition of the Unified Regulatory Agenda, published on Jan. 20, DOL moved the “Right to Know” rules from the “Proposed Rules Stage” to “Long-Term Actions,” and removed any projected date for issuing proposed rules. “Long-term actions” are defined in the agenda as “items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda.” That being the case, it appears that DOL does not plan to move forward with the rules until Jan. 20, 2013, at the earliest.

When the EEOC Speaks, Employers Are Well-Served to Listen
The Workplace Class Action Blog (01/25/12) Gerald Maatman

The author, a partner of Seyfarth Shaw LLP, notes the key to successful compliance strategies for businesses and their legal counsel is to keep a focus on what is “coming down the road” in the future. He says investigators and attorneys from the U.S. Equal Employment Opportunity Commission have their “radar on” for issues involving employers’ use of criminal background checks and credit checks in the hiring process, citing the recent settlement with Pepsi for approximately $3.13 million as an example of that focus.

Constance Barker, a commissioner at the EEOC since 2008, predicts that statistical issues with work force data—patterns in hiring, pay, promotions, and terminations—will become the most important focus of analysis and investigations in the EEOC’s future. The author concludes that given the EEOC’s focus on systemic investigations, “this prediction is already coming home to roost for many employers. In turn, an employer’s efforts to capture, understand, and strategize about its work force data will become an increasingly more important attribute of compliance efforts. Identification of vulnerabilities and remediation of problem areas often will spell the difference between success or failure in facing EEOC investigations or lawsuits.”
Hear Regulators Speak About Staffing

Learn more about EEOC’s enforcement agenda at the ASA Staffing Law Conference, April 17–18 in Washington, DC. Victoria A. Lipnic, commissioner of the U.S. Equal Employment Opportunity Commission, will be a featured speaker. Visit americanstaffing.net for more information.


Trends and Research


Mobile, Cloud, and Big Data Pros in High Demand for 2012
InfoWorld (01/31/12) Ted Samson

U.S. companies are looking to hire and retain those who are skilled in areas such as mobility, cloud computing, software development, and big data, according to two recently released reports. One comes from information technology staffing company Bluewolf, titled “2012 IT Salary Guide,” which provides an in-depth look at IT salaries and hiring trends. Bluewolf identified several skills that are in great demand, such as proficiency with Eloqua, Marketo, Salesforce, and Google Apps. In the mobile arena, demand for developers who know HTML5, iPhone/iPad, and Android is also on the rise.

The other report is Hackett Group’s “2012 IT Key Issues: Coming to Terms with the ‘New Normal’,” which identifies top companies’ key priorities for the year. According to Hackett Group’s survey, company leaders have indicated that one of their top goals is expanding the reach of their IT service delivery models, thus increasing the need for skilled IT professionals.

Law Firms Pursue Growth by Poaching in Tough Climate
Wall Street Journal (02/01/12)

As law firms cut back on entry-level hires, they have increased their efforts to acquire partners from other practices. Partner defections increased in 2011, and legal industry observers predict the trend will continue in 2012 as firms compete for business amid sluggish demand for legal services.

Lateral hires remained by far the most popular option for growth last year, according to an Altman Weil survey of 240 law firms. More than 91% of partners who responded said they planned to pursue more lateral hires. A report to be published today by American Lawyer finds that 2,460 partners exited or joined top law firms in the first nine months of 2011.

American Workers Focused on Personal Financial Recovery for 2012
Accounting Principals New Release (01/30/12)

Most Americans will be cautious with their money in 2012 and focus on their personal short-term financial recovery rather than long term investments, according to the recent Workonomix survey by the finance and accounting staffing firm Accounting Principals. Only 27% of workers plan to put money away in an emergency savings fund and only 23% plan to contribute more to their company’s 401(k) plan.

“Following the recession, it’s not surprising to see that many American workers are allocating their income toward paying down their debt. With the economy continuing its slow recovery, it’s clear that consumers are focused on gaining financial stability in the short term before turning their attention to investments with longer term benefits,” says Jodi Chavez, senior vice president at Accounting Principals.

Employers Increasingly Willing to Negotiate on Salary
Fox Business (01/30/12) Chad Brooks

According to a study by Robert Half International, employers are increasingly willing to negotiate on salary. The staffing firm found that 38% of 1,600 chief financial officers surveyed are more willing to negotiate salary with leading candidates than they were 12 months ago. Only 5% said they are less willing to negotiate.

How About a Raise?
Portfolio.com (01/31/12) Teresa Novellino

A recent Adecco Insights Survey indicates that 60% of those polled by phone expect job availability to increase this year, and 24% plan to request a raise, bonus, or promotion. Of the 20% who planned to ask for a raise, bonus, or promotion in 2011, just 13% followed through. The survey reveals that 41% of respondents expect to receive a raise, bonus, or promotion this year. Additionally, 52% of men and just 37% of women plan to ask for a raise, bonus, or promotion.


ASA for You


People 2.0: New ASA Corporate Partner

A longtime supporter of ASA, People 2.0 has elevated its commitment to the association by becoming a corporate partner. The financial support of ASA corporate partners enhances the value of membership by allowing the association to improve its products and services, and develop new initiatives that address emerging issues and trends in the fast-paced staffing and recruiting industry. People 2.0 provides enterprise-level infrastructure and comprehensive support services to staffing companies.

“People 2.0 is very pleased to elevate its commitment to the American Staffing Association to the corporate partner level,” says David Van Soest, chief executive officer of People 2.0. “The heightened relationship reflects our broader commitment to the staffing industry, and it confirms our pride and confidence in the strong association and exceptional leadership team ASA has built.”

For more information, visit americanstaffing.net.
Spot Top Talent—ASAPro Webinar Tomorrow

Tomorrow, Feb. 2, 3–4 p.m. Eastern time, attend the ASAPro Webinar “Recruit Career Activists—The Top Talent Hidden in Every Generation,” presented by human resource consultant Peter Weddle. Get a preview of his book The Career Activist Republic and learn how to identify top talent in all generations.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
Connect to ASA on LinkedIn, Facebook, and Twitter

Networking is one of your most essential tasks as a staffing professional. ASA can help you connect with industry peers on LinkedIn, Facebook, and Twitter.

Join the ASA LinkedIn group to participate in online discussions, post job openings, and respond to poll questions. You also can join one or more sector-specific subgroups—for health care; industrial; professional; search and placement; and technical, IT, and scientific staffing.

“Like” the ASA fan page on Facebook to engage in conversations, share pictures and videos, and post news stories about your company or the staffing industry in general.

Stay informed about what ASA is doing in your area and around the country by following ASA on Twitter.