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April 30, 2012


Headline News
Insperity First Quarter EPS Increases 64% to $0.54
Small-Business Hiring Takes Step Back in April
Sluggish Growth Could Signal Hiring Stalled
Official of Defunct Medical Firm Gets Five Years of Probation

ASA for You
ASA Chairman to Speak on Industry Perceptions and Impact
Take Part in a Section Forum at Staffing World® 2012

Legal Watch
Administration Requests Comments on Employer Requirements Under Health Care Law
South Carolina Legislator to Focus on Jobless Benefits for Substitute Teachers
Workplace: Wage and Hour Legal Actions Increasing
Showing Up for Work: Do Courts See It as ‘Optional’?
Why Were You Absent? Inquiring Minds Want to Know
National Guard Members’ Next Battle: The Job Hunt

Trends and Research
Large Layoffs Loom on Wall Street
Rising Gas Prices Haven’t Stopped Hiring Demand for Truck Drivers


Headline News


Insperity First Quarter EPS Increases 64% to $0.54
Insperity Inc. News Release (04/30/12)

Insperity Inc. today reported first-quarter net income of $13.9 million, a 58% increase over the $8.8 million earned in the 2011 period. Diluted earnings per share increased 63.6% to $0.54 from $0.33 in the 2011 period. Revenues in the first quarter of 2012 increased 11% over the 2011 period.

Small-Business Hiring Takes Step Back in April
Reuters (04/29/12)

Small-business hiring slowed considerably in April and employees saw a reduction in their hours, according to a survey by the payroll processing firm Intuit. Businesses added 40,000 new jobs, a step back from the 75,000 positions created in March, and the average workweek for small-business employees dipped 0.14%. The survey showed wages for small-business employees edged up 0.1% or $3 to $2,680. However, that is equivalent to an annual salary of $33,200, meaning that many of the small-business employees are working part-time.

Sluggish Growth Could Signal Hiring Stalled
Politico (04/27/12) Josh Boak

The current economic growth rate of 2.2% is a steep decline from the 3% growth rate seen at the end of last year and is an indication that the current pace of hiring likely won’t be sustained through the fall. As a result, the current 8.2% unemployment rate is unlikely to fall much further. The economy is “expanding at a rate that is too slow to put reliable, significant downward pressure on joblessness,” says Economic Policy Institute economist Josh Bivens. However, White House Council of Economic Advisers chairman Alan Krueger notes that residential construction and automobile production are surging.

Official of Defunct Medical Firm Gets Five Years of Probation
Pittsburgh Post-Gazette (04/27/12) Rich Lord

The former controller of the defunct medical staffing firm World Health Alternatives Inc., Deanna Seruga, was sentenced to five years probation for failing to report known instances of fraud. Meanwhile, the Wilkins, PA-based firm’s co-founder, Richard McDonald, will be sentenced in August on charges related to manipulating the company’s books and understating expenses and liabilities.


ASA for You


ASA Chairman to Speak on Industry Perceptions and Impact

The Wisconsin Association of Staffing Services and Illinois Search and Staffing Association, ASA-affiliated chapters, will jointly present the Midwest Staffing Conference May 3. Join ASA chairman Aaron Green, CSP, as he discusses opportunities to improve service to staffing company candidates and clients.

For details and to register, visit issaworks.com. This meeting qualifies for continuing education hours toward ASA certification renewal.
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Take Part in a Section Forum at Staffing World® 2012

ASA is looking for staffing industry professionals to share their experience and expertise on sector-specific content at this year’s Section Forums at Staffing World, Oct. 9–11 in Las Vegas. The deadline to volunteer and submit a proposal is May 18.

The rapid-fire learning format each Section Forum provides allows presenters and participants to maximize the number of topics they can tackle together. There will be six Section Forums, one to represent each of the ASA membership sections. Presenters will speak for 10 minutes on a topic of their choice, followed by five minutes of discussion.

Visit americanstaffing.net for submission guidelines and timelines. E-mail all submission materials to sections@americanstaffing.net. To learn more about membership sections, visit americanstaffing.net/sections. It’s free for ASA members to enroll in one or more sections.
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Legal Watch


Administration Requests Comments on Employer Requirements Under Health Care Law
American Staffing Association (04/30/12) Ed Lenz

The U.S. Internal Revenue Service and the U.S. Department of Health and Human Services have issued formal requests for comment on certain employer requirements under the Affordable Care Act. In this round of requests, the government is asking for input on several issues, including the process for verifying an individual’s eligibility for tax credits to purchase insurance coverage through state-based health insurance exchanges, and employers’ obligation to provide an annual report to the IRS on the employees covered under their health plans and the details of such coverage—including the number of full-time employees, the length of any waiting periods, and whether the employer’s plan provides “minimum value.” Comments are due June 11. ASA and its business allies in the Employers for Flexibility in Health Care coalition will be submitting comments in response to the requests.

South Carolina Legislator to Focus on Jobless Benefits for Substitute Teachers
Greenville News (South Carolina) (04/30/12)

South Carolina lawmakers are moving to prevent substitute teachers from collecting unemployment benefits for being out during school breaks, such as summer recess. Though South Carolina teachers, including substitutes, are already forbidden by law from collecting unemployment when they are not working during holiday, spring, or summer breaks, the law refers to teachers employed by school systems, and some staffing companies are now employing hundreds of substitute teachers, making the teachers exempt from the unemployment law.

Jim McIntire, a vice president for Kelly Services Inc., which provides 250-300 substitutes each day in several South Carolina school districts, says the issue of whether such teachers can collect unemployment has surfaced in other states where the company employs the teachers. “That is why we are supporting this legislation in South Carolina,” McIntire says. “We are trying to take steps so it doesn’t become a big problem. There are some states where it is a significant problem for us.” Kelly Services coordinates the use of substitutes with school districts that use its services, significantly increasing the percentage of teaching posts that are filled each day to about 98%.

Workplace: Wage and Hour Legal Actions Increasing
Riverside Press-Enterprise (California) (04/28/12) Jack Katzanek

The number of overtime lawsuits brought in federal court last year was 32% higher than in 2008. According to research by the law firm Seyfarth Shaw, 7,006 lawsuits, including many class actions, were filed in 2011, almost four times as many as were filed in 2000. Meanwhile, the U.S. Department of Labor recovered $225 million from employers in back wages in fiscal 2011, up 28% from the previous year.

Worker advocates and other analysts say that these claims are being filed because companies are striving to get the same volume of work done despite having laid off 9 million workers due to the recession. “When there are increased pressures on employers to keep down labor costs in a down economy, and fewer employment options for employees, it isn’t surprising that legal and ethical problems with regard to compensation have increased,” says Jeffery Smith, a professor of ethics at the University of Redlands School of Business. Smith says that workers are frequently misclassified and listed as not legally entitled to overtime.

Matthew Bartosiak, senior consultant for the human resources consulting firm Employers Group, says “many employers unfortunately still wrongly classify workers because they don’t understand the laws. Most think exemption is a choice, and they think employees want to be exempt because they see it as a status symbol.”

Showing Up for Work: Do Courts See It as ‘Optional’?
Business Management Daily (04/26/12) Mindy Chapman

When disabled workers take leave under the Americans With Disabilities Act, their ability to call in absent is not open-ended. If regular attendance is an essential component of the job, then calling in absent is not a “reasonable” accommodation, the Ninth Circuit Court found in Samper v. Providence St. Vincent Med. Ctr. To protect your company from ADA lawsuits, determine whether physically showing up is essential, then make this clear in the job description.

Why Were You Absent? Inquiring Minds Want to Know
Lexology (04/19/12) Joseph Wood III

In EEOC v. Dillard’s, a federal district court in California ruled that a policy requiring employees to disclose the reasons for health-related absences violates the Americans With Disabilities Act. The court affirmed the U.S. Equal Employment Opportunity Commission’s determination that such policies lead to intrusive questions that could uncover information about actual or perceived disabilities and ruled that employers need not know about the nature of the medical condition in order to verify legitimate medical absences. Employers should alter such policies so that doctor’s notes only require the dates the employee was absent for health issues, and employers should not question employees about the reason for the absence even when such questions are asked out of care.

National Guard Members’ Next Battle: The Job Hunt
NPR Online (04/29/12) Tom Dreisbach; Rachel Martin

Service members returning to civilian life may find it difficult to secure a civilian job, especially when they belong to the National Guard and could be called to active duty, but experts say that it can be difficult to prove whether a veteran’s service has cost him or her jobs or promotions. Michael Haynie, executive director of Syracuse University’s Institute for Veterans and Military Families, says the Uniformed Service Employment and Reemployment Rights Act puts the burden of proving discrimination on the individual, and the burden is high because “very often the discrimination is not necessarily explicit.” Kenan Torrans of the U.S. Department of Labor Veterans’ Employment and Training Service says complaints of discrimination are on the rise as more service members return to civilian life, and he says most disputes stem from a misunderstanding of the law. U.S. Sen. Patty Murray (D-WA), chair of the Senate Veterans’ Affairs Committee, has introduced legislation to beef up laws to prevent labor discrimination against veterans.

Get USERRA Details in the ASA Co-Employment Book

Published by ASA in 2011, Co-Employment: Employer Liability Issues in Third-Party Staffing Arrangements is among the industry’s top resources to help navigate the legal details of operating in the staffing industry. Learn more and read an excerpt from the book.


Trends and Research


Large Layoffs Loom on Wall Street
Fortune (04/30/12) Stephen Gandel

Wall Street firms have added thousands of jobs over the past two years, but now they are preparing to cut more jobs than they added. Wall Street recruiters say banks could soon cut almost 21,000 jobs from their New York securities divisions. According to Boston Consulting Group, banks are likely to cut 12% of their work force in the short term. However, most of the job losses will be at large firms; smaller firms are still hiring.

Rising Gas Prices Haven’t Stopped Hiring Demand for Truck Drivers
Wanted Analytics (04/27/12) Abby Lombardi

Hiring demand for truck drivers has not suffered from the rising gas prices across the U.S. In March, nearly 41,000 jobs were advertised online for this occupation, a 33% increase compared with the same month in 2011. This marks a new four-year high in demand for truck drivers. Recruiters in Chicago placed the highest volume of job ads for drivers during March, increasing more than 30% over the past year in that city. Other locations with the highest number of job ads for truck drivers during March included Dallas, New York, Houston, and Philadelphia.

April 27, 2012


Headline News
On Assignment Reports First Quarter 2012 Results
Doherty Staffing Solutions Acquires Staffing Specialists Inc.
Hudson Announces Corporate Name, Ticker Symbol Change
Employment Costs in the U.S. Increased 0.4% in First Quarter
Business Spending Drop Limits U.S. Growth to 2.2%

ASA for You
Now Available: 2012 ASA Staffing Law Conference Recordings
Every Day Is a Good Day to Hire Heroes

Legal Watch
TN: Unemployment Act of 2012 Passes in State Senate
How to Avoid Employee Retaliation Claims

Trends and Research
U.S. Firms Add Jobs, but Mostly Overseas
Does Organized Labor Have a Future?
HR Departments Grow, but Hiring Doesn’t


Headline News


On Assignment Reports First Quarter 2012 Results
On Assignment Inc. News Release (04/26/12)

On Assignment Inc. reported revenues for the first quarter of 2012 were $167.1 million, up 29% year-over-year and up 3% from the preceding quarter. Net income was $5.4 million. Excluding acquisition-related expenses (net of tax), net income was $6.8 million, compared with $3.5 million in the first quarter of 2011.

The information technology and engineering segment revenues were $78.8 million, up 31.0% from the first quarter of 2011 and 10.6% from the fourth quarter of 2011. Life sciences segment revenues were $41.4 million, up 25.5% from the first quarter of 2011 and 1.1% from the fourth quarter of 2011. Health care segment revenues were $22.9 million, up 15.3% from the first quarter of 2011 and down 11.8% from the fourth quarter of 2011. Physician segment revenues were $24.1 million, up 45.8% from the first quarter of 2011 and up 1.6% from the fourth quarter of 2011.

Doherty Staffing Solutions Acquires Staffing Specialists Inc.
Doherty Staffing Solutions News Release (04/26/2012)

Doherty Staffing Solutions, based in Edina, MN, has acquired Staffing Specialists Inc., dba Job Jockeys, a Marshall, MN-based staffing and recruiting firm that specializes in clerical and light industrial staffing. This is Doherty’s second acquisition since its 2010 purchase of Top Temporary, now Top Talent Solutions.

Hudson Announces Corporate Name, Ticker Symbol Change
Hudson Global Inc. News Release (04/27/2012)

Hudson Highland Group Inc. on April 26 received stockholders’ approval at its annual meeting to change its corporate name to Hudson Global Inc. The company’s shares will begin trading under its new symbol “HSON” when markets open on April 30.

Employment Costs in the U.S. Increased 0.4% in First Quarter
Bloomberg BusinessWeek (04/27/12) Alex Kowalski

Compensation costs for civilian workers increased a seasonally adjusted 0.4% in the first quarter over the previous quarter, the U.S. Department of Labor said Friday. Economists projected a 0.5% gain, according to the median estimate in a Bloomberg News survey. Wages and salaries, which make up about 70% of compensation costs, increased 0.5%, and benefits also rose 0.5%. Year-over-year, compensation costs were up 1.9% vs. the 2% gain in the year to March 2011, with wages and salaries up 1.7% and benefits up 2.7%.

Business Spending Drop Limits U.S. Growth to 2.2%
MarketWatch (04/27/12) Greg Robb

The U.S. economy grew more slowly in the first three months of this year, as stronger consumer spending was offset by cutbacks in government spending and business investment. The U.S. Commerce Department reported today that the economy expanded at an annual rate of 2.2% in the January-March quarter, compared with a 3.0% gain in the final quarter of 2011. Economists polled by MarketWatch had expected a stronger 2.7% growth rate.


ASA for You


Now Available: 2012 ASA Staffing Law Conference Recordings

The ASA Staffing Law Conference held in Washington, DC, last week delivered critical legislative updates, strategies specific to the staffing industry, and timely information about current employment law issues. Now you can add recordings of these ASA Staffing Law Conference sessions to your must-have professional resources. The recordings are available on ASAPro—the ASA online professional development center.

Individual sessions are $49 for ASA members and $195 for nonmembers. To see which recordings are available and make your purchase, log in to your personal ASAPro account search for the keyword SLC2012. These are audio-only files that include links to PowerPoint slides and any additional resources. Listening to these recordings counts toward the legal continuing education requirement for ASA certification renewal.

You also can share your Staffing Law Conference experience by posting pictures and videos on the ASA fan page on Facebook. If you have not connected with ASA on Facebook yet, visit the ASA fan page and click “like.”

For more information, contact ASA at 703-253-2020 or asa@americanstaffing.net.
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Every Day Is a Good Day to Hire Heroes

May is National Military Appreciation Month, but every day is a day to good day to hire the nation’s heroes.

ASA wants to remind you that hiring veterans and transitioning military service members makes good business sense. Veterans often make outstanding candidates in all occupational areas thanks to their professional discipline and work ethic. Plus, employers are eligible for tax credits of $2,400 to $9,600 per employee thanks to the VOW to Hire Heroes Act that was signed into law in November.

The ASA committee on social responsibility has compiled resources that staffing companies can use to help educate clients about the importance and benefits of hiring veterans. Visit americanstaffing.net to access these resources. To learn more about National Military Appreciation Month and how your company can help celebrate, visit nmam.org.
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Legal Watch


TN: Unemployment Act of 2012 Passes in State Senate
Chattanoogan (04/26/12)

The Tennessee Senate has passed Senate Bill 3658, the Unemployment Insurance Accountability Act of 2012, which imposes new work search requirements for unemployment beneficiaries so that they must provide proof of contacting three or more employers per week or use the services of a career center. Random audits will be conducted to make sure unemployment beneficiaries actually are conducting job searches. The bill also will beef up the definition of employee misconduct to ensure that people who were fired for cause no longer get benefits.

How to Avoid Employee Retaliation Claims
HR.BLR.com (04/19/12)

Companies can do several things to avoid retaliation claims. First, companies should have a written policy that prohibits retaliation. Second, supervisors should not make firing decisions when they are angry. Third, companies should offer supervisors training about the subject and how to react when they receive a complaint from an employee. Fourth, supervisors should apply policies and practices consistently. Fifth, companies should publish their complaint reporting procedures. Finally, companies should follow up after an employee has complained to ensure there has been no retaliation.


Trends and Research


U.S. Firms Add Jobs, but Mostly Overseas
Wall Street Journal (04/26/12) Scott Thurm

A Wall Street Journal analysis of 35 large U.S.-based multinational companies found they are creating jobs faster than other U.S. firms. Although close to 75% of the new jobs were overseas, 16 of the firms also added jobs in the U.S. Moreover, economists say the jobs created abroad are not related to efforts to shift work overseas to reduce costs but are related to increasing sales in emerging markets. They also point out that these companies support U.S. jobs in sales, engineering, and management when they boost overseas hiring.

Does Organized Labor Have a Future?
Los Angeles Times (04/27/12) David Lazarus

The U.S. Bureau of Labor Statistics says private-sector union membership reached an all-time low of 7.6% of the work force in 2011. Experts say union membership is viewed by some employees as less necessary today given that more employers offer health and retirement benefits, and the economic downturn furthered the decline of organized labor by making employees fearful about losing their jobs. In the future, the experts believe employees will retain some protections but will seek legal recourse for such things as disability and discrimination claims. Moreover, young people with a good grasp of social networking are expected to lead future labor movements.

HR Departments Grow, but Hiring Doesn’t
SmartMoney (04/26/12) Quentin Fottrell

Human resource departments are growing, even though the job outlook remains weak. The number of human resource specialists is expected to increase 21% by 2020, while the number of human resource managers is expected to increase 13%, according to the U.S. Bureau of Labor Statistics. Through the year ended March 2012, human resource job listings rose 14.5% to 288,258, according to SimplyHired.com. The increase in human resource staff is not necessarily indicative of hiring in other areas, though. There were large cuts in human resource jobs during the recession, and these jobs are just now returning to normal levels, says Pierpont Securities chief economist Stephen Stanley.

April 26, 2012


Headline News
Randstad Q1 2012: Revenue Holding Up
TrueBlue Reports 2012 First Quarter Results
U.S. Jobless Claims Drop 1,000 to 388,000
Fed Issues More Optimistic Forecast for Economy, Jobs
California Unemployment: Some Federal Jobless Benefits to End

ASA for You
Staffing World® 2012 Early Registration Deadline Approaching

Legal Watch
Justices Weigh Arizona Law
The EEOC Releases New Enforcement Guidance on Arrest and Conviction Records in the Hiring Process
Time Sheets: FAQs

Trends and Research
More Than Half of Employers Plan to Hire Recent College Graduates in 2012, CareerBuilder’s Survey Finds
Cyber Security Concerns Increase Hiring for Computer Security Specialists


Headline News


Randstad Q1 2012: Revenue Holding Up
Randstad News Release (04/26/12)

Randstad Holdings reported earnings for the first quarter of 2012 today. On a pro forma basis, organic revenue was 1% higher than the same period a year ago.

Ben Noteboom, chief executive officer at Randstad, says, “In North America, we continue to see excellent performance across the board.” For the company overall, revenue in the quarter was up 12% to € 4,152.4 million.

TrueBlue Reports 2012 First Quarter Results
TrueBlue News Release (04/25/12)

TrueBlue Inc. has reported net income for the first quarter of $1.5 million, or $0.04 per diluted share, compared with net income of $0.8 million or $0.02 per diluted share for the first quarter of 2011. Revenue for the quarter was $311 million, an increase of 13% compared with revenue of $274 million for the first quarter of 2011.

“We had another quarter of solid execution across the business,” says TrueBlue chief executive officer Steve Cooper. For the second quarter, TrueBlue estimates revenue in the range of $350 million to $360 million and net income per diluted share for the quarter of $0.22 to $0.27.

U.S. Jobless Claims Drop 1,000 to 388,000
Wall Street Journal (04/26/12) Eric Morath; Tom Barkley

The number of Americans who filed requests for jobless benefits was virtually unchanged last week at 388,000, the U.S. Department of Labor reported Thursday, keeping claims near their highest level of 2012. Claims from two weeks ago were revised up to 389,000 from 386,000. Economists surveyed by Dow Jones Newswires predicted that 376,000 new claims would be filed last week. The four-week moving average of claims, which smoothes out week-to-week volatility, increased by 6,250 to 381,750, the highest reading since the first week of the year.

Fed Issues More Optimistic Forecast for Economy, Jobs
USA Today (04/26/12) Tim Mullaney

The U.S. Federal Reserve has issued a positive economic forecast for this year, but fed chairman Ben Bernanke cautions that there may be an economic downturn in 2013 if Congress fails to take action on expiring tax cuts and planned spending cuts by the end of 2012. The central bank says the economy may grow as fast as 2.9% this year. Unemployment is declining more quickly than the central bank had expected, Bernanke says, and could fall to as low as 7.8%—from 8.2% currently—by the end of the year.

California Unemployment: Some Federal Jobless Benefits to End
Los Angeles Times (04/25/12) Marc Lifsher

Since California’s economy has shown signs of improvement and its unemployment rate fell to 11% in March, FED-ED, a federal extension of unemployment insurance benefits, will end May 12. This means that nearly 100,000 unemployed residents will lose jobless benefits at that time. Additionally, the maximum time for benefits will fall from 99 weeks currently to 89 weeks on May 13, 79 weeks on May 27, and 73 weeks on Sept. 2.


ASA for You


Staffing World® 2012 Early Registration Deadline Approaching

Save up to $400 when you register by May 18 for Staffing World 2012, Oct. 9–11 in Las Vegas.

Jim Collins, Liz Wiseman, and Simon Mainwaring will be the featured speakers at the ASA annual convention, which offers more than 30 premier workshops, elite networking, and the largest staffing industry expo. No other industry event offers so many effective business strategies and industry best practices.

Plus when you register for a full convention and expo package at full price, you’ll get 10% off each subsequent full convention and expo, and one-day convention and expo packages for additional attendees from your company.

To learn more and to register, visit staffingworld.org.
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Legal Watch


Justices Weigh Arizona Law
Wall Street Journal (04/26/12) Jess Bravin

The Obama administration argued before the U.S. Supreme Court Wednesday that Arizona exceeded its powers by asking police officers to check the immigration status of people they stop, but the justices seemed skeptical. It remains unclear which components of the state law, such as making it a criminal offense for illegal immigrants to look for a job, will be upheld. Federal law penalizes companies that hire illegal immigrants and people who use fake documents to get a job, but federal law doesn’t penalize illegal immigrants for merely seeking work, which the Arizona law seeks to do. “The state of Arizona, in this case, is imposing some significantly greater sanctions” than Congress did, said chief justice John Roberts.

The EEOC Releases New Enforcement Guidance on Arrest and Conviction Records in the Hiring Process
The Workplace Class Action Blog (04/25/12) Pamela Devata; Frederick Smith

The U.S. Equal Employment Opportunity Commission has published new guidance on the use of arrest and conviction records in the hiring process. Therefore, companies are advised to consider altering their use of criminal history. The guidance is based on the premise that “national data support a finding that criminal record exclusions have a disparate impact.” The guidance also points to studies showing that criminal records are frequently incomplete and inaccurate.

Time Sheets: FAQs
Business Management Daily (04/21/12)

Experts say managers can alter employee time sheets to make corrections like missed vacation days, but doing so without the employee’s knowledge, without a sound business reason, and in a way that alters the employee’s pay could constitute a violation of the Fair Labor Standards Act. Employers should discipline employees who allow co-workers to punch them in or consistently forget to punch in, but they must compensate employees for time worked even if they are not punched in. Exempt employees can be required to use time cards or time sheets to ensure they work the minimum amount of hours and to keep track of vacation, sick, and personal time. However, their wages should not be calculated based on the time recorded, and managers should monitor them to be sure they do not put in overtime without prior authorization.


Trends and Research


More Than Half of Employers Plan to Hire Recent College Graduates in 2012, CareerBuilder’s Survey Finds
CareerBuilder News Release (04/25/12)

A new study from ASA corporate partner CareerBuilder and CareerRookie.com concludes that the college graduating class of 2012 is heading into a better job market than alumni of the previous three years. More than half of employers (54%) reported they plan to hire recent college graduates in 2012, up from 46% in 2011, 44% in 2010, and 43% in 2009.

“This is the first time since the recession that we’re seeing a majority of employers planning to add recent college graduates to their employee roster,” says Brent Rasmussen, president of CareerBuilder North America. “Companies across industries are placing a strong emphasis on recruiting fresh talent for technology-related roles and positions designed to drive revenue—and they’re willing to pay more for high-skill, educated labor.”

Of those employers that plan to hire recent college graduates, 29% expect to offer higher starting salaries than they did in 2011. While employers were most likely to report that they would pay between $30,000 and $40,000, a significant portion (28%) will extend offers exceeding $50,000.

Cyber Security Concerns Increase Hiring for Computer Security Specialists
Wanted Analytics (04/25/12) Abby Lombardi

Concerns about cyber security are prompting an increase in hiring demand for computer security specialists. More than 5,500 job ads for the occupation were posted online in March, a 32% increase in hiring demand compared with a year ago, and an all-time high. Washington, DC, New York, Dallas, Chicago, and Baltimore posted the highest volume of job ads for the occupation. Companies in the Washington, DC, area are having some of the greatest difficulties recruiting applicants with the needed skills.

April 25, 2012


Headline News
Robert Half International First Quarter Profit Jumps
Mastech Holdings Inc. Reports First Quarter 2012 Results
BBSI Reports First Quarter 2012 Financial Results
ASA Staffing Index Highest Since 2008 for Week 16
The Conference Board Consumer Confidence Index Virtually Unchanged
Orders for U.S. Goods Decrease by the Most in Three Years

ASA for You
ASA Employee a Champion for Administrative Professionals Day

Legal Watch
Labor Board Meets Rising Resistance
EEOC Rules Job Protections Also Apply to Transgender People
Feel Free to Authenticate Suspicious Documents
Workers Claim Abuse Across Eastern U.S.

Trends and Research
The Rise of the Supertemp
Express Survey Reveals Hiring Trends Increasing for Administrative and Commercial Jobs
Information Technology Leaders Expect IT Hiring and Spending to Increase in 2012


Headline News


Robert Half International First Quarter Profit Jumps
Robert Half International News Release (04/24/12)

Robert Half International Inc. reported net income of $48.3 million or $0.34 per share, on revenues of $1.02 billion, for the quarter ending March 31. Net income for the prior year’s first quarter was $26.7 million or $0.18 per share, on revenues of $880.9 million. Strong demand for specialized staffing and consulting services boosted revenue.

Staffing revenue in the U.S. rose 19.6% compared with the year before, while international revenue grew 9%. The increase in U.S. staffing was driven by a 28.1% increase in permanent job placements, while temporary placements were up 19%.

“We were pleased with our financial results for the quarter, which were the result of continued strong demand for our specialized staffing and consulting services,” says Harold M. Messmer Jr., chairman and chief executive officer of Robert Half International.

Mastech Holdings Inc. Reports First Quarter 2012 Results
Mastech Holdings News Release (04/25/12)

Mastech Holdings Inc.’s revenues for the first quarter of 2012 were $24.5 million, which represented a 23% increase over the corresponding quarter last year and a 2.5% improvement over fourth-quarter 2011 results. Consolidated net income for the first quarter of 2012 totaled $352,000, or $0.10 per diluted share, compared to $37,000, or $0.01 per diluted share, in the same period last year. Demand for the company’s information technology and health care staffing services remained solid during the first quarter. Market conditions in health care staffing remained largely positive and the company achieved sequential revenue growth for the seventh consecutive quarter.

BBSI Reports First Quarter 2012 Financial Results
Barrett Business Services News Release (04/24/12)

Barrett Business Services Inc. reported financial results for the first quarter ended March 31. The company’s net revenues were up 20% compared with the first quarter of 2011, to $82.4 million. The improvement is attributed primarily to the net increase in the company’s professional employer organization clients and same-store sales.

ASA Staffing Index Highest Since 2008 for Week 16
Daily Markets (04/24/12) Mark Perry

The ASA Weekly Staffing Index for the week ending April 15 rose to 91, marking the highest reading in 2012 and the highest in the month of April since 2008. The index rose 1.84% from the previous week and 6.9% from the same period in 2011. It came in just below the index of 93 during the same week in 2007 just prior to the recession. Observers say the index points to continuing improvements in the overall labor market.

The Conference Board Consumer Confidence Index Virtually Unchanged
The Conference Board News Release (04/24/12)

The Conference Board’s Consumer Confidence Index barely budged in April following a slight drop in March, coming in at 69.2. The Expectations Index, meanwhile, slipped from 82.5 to 81.1, and the Present Situation Index rose from 49.9 to 51.4. Consumers had mixed feelings about the job market, with a drop in those believing jobs are “hard to get” from 40.7% to 37.5% and a decline in those believing jobs are “plentiful” from 9% to 8.4%. As for the labor market outlook during the next six months, the percentage of consumers expecting job growth slipped from 17.4% to 16.9%, and those predicting fewer jobs fell from 18.5% to 18%.

Orders for U.S. Goods Decrease by the Most in Three Years
Bloomberg (04/25/12) Timothy Homan

Orders for long-lasting U.S. goods sank 4.2% in March, the steepest monthly decline in three years, the U.S. Commerce Department reported today. Economists forecasted a 1.7% decline, according to the median estimate in a Bloomberg News survey. Slowdowns in Europe and China may limit exports, while business investment cools after the strongest 10-quarter performance in a decade, leading to a slowdown in manufacturing.


ASA for You


ASA Employee a Champion for Administrative Professionals Day

Today is Administrative Professionals Day, and—thanks in part to the enthusiasm and leadership of Kemetia Foley, CAP, ASA finance and customer service coordinator—the nation’s understanding of administrative professional careers is growing. Foley, who is featured today in a U.S. News & World Report article called “The Evolution of the Secretary,” owns the friendly voice ASA members hear each workday when they call the association.

ASA member companies, particularly those that specialize in office–administrative staffing services, also are ardent supporters of Administrative Professionals Day. For example, Office Team offers these recognition tips, and Adecco shares this video of appreciation and ideas for saying thank you.

ASA also provides resources and support for staffing firms that place office administrative associates through the ASA office–administrative membership section, one of six sections that support the broad areas of the industry and promote peer networking and collaboration.
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Legal Watch


Labor Board Meets Rising Resistance
Wall Street Journal (04/25/12) Melanie Trottman

The U.S. Senate has rejected a measure advanced by Sen. Mike Enzi (R-WY) to overturn a new National Labor Relations Board regulation that would hasten union-organizing elections by preventing companies from completing legal challenges until after the voting. The regulatory changes to elections go into effect April 30 but could be reversed by courts.

In recent weeks the NLRB has encountered resistance to its actions, including a requirement that companies hang a poster informing employees of their right to join a union; a federal appeals court has brought a halt to the requirement at least until the court resolves questions about the merits of the rule. The challenges to the board’s authority could stall or prevent new board regulations and rulings.

EEOC Rules Job Protections Also Apply to Transgender People
Los Angeles Times (04/25/12) Sam Quinones

The U.S. Equal Employment Opportunity Commission has ruled that a gender-based job discrimination complaint filed against the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives by a former soldier and police officer who applied for a job as a man and then transitioned to a female can move forward. The ruling clarifies that rules of employment law apply to transgender people. Jennifer Pizer, legal director of the Williams Institute at UCLA Law School, says courts have ruled that transgender people are protected against discrimination under federal law and indicated that practices should change.

Feel Free to Authenticate Suspicious Documents
Business Management Daily (04/22/12)

A black woman working as a certified nursing assistant was placed in a nursing home by a staffing firm, which forwarded her nursing assistant certificate to the nursing home. The woman filed suit against the nursing home claiming discrimination when it requested additional certification information, as it had fired another nursing assistant with the same first and last name and certificate number just days earlier. The court determined that the nursing home’s request was not burdensome, and therefore, not an adverse employment action, so the discrimination claim was dismissed. Thus, employers concerned about professional credentials or other certifications can reasonably request clarification.

Workers Claim Abuse Across Eastern U.S.
Courthouse News Service (04/24/12) Adam Klasfeld

A complaint under the federal Racketeer Influenced and Corrupt Organizations Act by 17 Filipino workers accuses several employers and staffing firms in Florida, South Carolina, and New York of luring them to the U.S. under H-2B guest worker status between 2006 and 2009. The workers claim they were promised fair pay, humane treatment, and green cards, but instead they received less than minimum wages, were not given overtime pay, and were forced to fulfill their contracts under threat of deportation and arrest. They also were told they would lose their $1,200 to $2,350 security deposits if they stopped working. Among the defendants are Lincoln Road Employment Advisory Services and South Beach Employment Advisory Services. The lawsuit accuses the defendants of RICO fraud, misrepresentation, and violations of the Trafficking Victims Protection Act, the Alien Tort Statute, and the Fair Labor Standards Act and seeks treble damages.


Trends and Research


The Rise of the Supertemp
Harvard Business Review (05/01/12) Jody Greenstone Miller; Matt Miller

So-called “supertemp” professionals—including chief financial officers, attorneys, and consultants—increasingly are trusted by companies to do work that previously would have been done by permanent employees or established outside firms. According to research by McKinsey, 58% of U.S. companies expect to use more temporary arrangements at all levels or their organization in the coming years. Currently, 16 million Americans are working independently, according to research by MBO Partners, and that number is expected to rise to 20 million over the next two years. Although separating out highly paid professionals from the numbers is difficult, if the assumption is made that they account for just 10% of the total (the share of American adults with graduate degrees), then the U.S. may soon have three million supertemps.

Several companies focus exclusively on high-end temporary talent. Axiom, for example, supplies 650 temporary attorneys to nearly half the Fortune 100. Traditional executive recruiters are becoming involved as well: Lauren Doliva, the managing partner of Heidrick & Struggles’ new Chief Advisor Network, says Baby Boomers’ retirement will shrink the supply of executives even as demand holds steady—increasing the need for temporary talent.

Express Survey Reveals Hiring Trends Increasing for Administrative and Commercial Jobs
PR Newswire (04/24/12)

The hiring outlook in all regions of North America is increasing for administrative and commercial jobs, according to a recent hiring trends survey conducted by Express Employment Professionals. Hiring trends for the second quarter of 2012 are expected to be greatest in commercial and light industrial jobs, with 32% of respondents planning to hire—a 3% increase from the first quarter.

Twenty-eight percent of respondents anticipate adding administrative and office clerical staff, an increase of 8% from the previous quarter. Additionally, 43% plan to fill positions in “other” sectors that include clinical or health care, customer service, food service, general labor, maintenance, medical or dental or nursing, and sales.

Information Technology Leaders Expect IT Hiring and Spending to Increase in 2012
TEKsystems News Release (04/24/12)

More than a third of information technology leaders anticipate increases in both permanent (40%) and temporary (37%) IT headcount in 2012, according to TEKsystems’ most recent quarterly IT Executive Outlook survey. Of those IT leaders expecting to increase permanent and temporary IT headcount, 15% intend to do so by more than 5%. Senior IT leaders like chief information officers and IT vice presidents are most optimistic about IT hiring in 2012 with 54% and 43% expecting increases in permanent and temporary IT headcount, respectively.

“With consumerization of IT, mobility, social media, big data, and security being at the top of most executives’ priority lists, organizations need to ensure their work force strategy is capable of supporting the current and future state of their business,” says TEKsystems director Rachel Russell. “Businesses are realizing their work force requirements will vary from initiative to initiative. By work force planning and effectively leveraging a contingent model, organizations can ramp up or down and efficiently get their IT initiatives done.”

April 24, 2012

April Staffing Up 6.9% From a Year Ago


Staffing employment in April is up 6.9% from April 2011, according to the ASA Staffing Index.

The index value for April is 91, up two points from the 89 reported for March. Since the beginning of 2012, temporary and contract employment has grown 22.0%, according to the index.

To view weekly index data, visit americanstaffing.net.
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Headline News
CTG First Quarter EPS Increased 18% to $0.20
Heidrick & Struggles Reports 2012 First Quarter Financial Results
Jobs Turn Ugly. Will Fed Swoop In?

ASA for You
Free ASAPro Webinar Today—Recruiting in the Cloud
Just Posted: Staffing World® 2012 Workshops

Legal Watch
Preparations Under Way for New Union Vote Rules Next Week
Top GOP Senator, Business Groups Blast EEOC’s Process on Potential Guidance
Nebraska Enacts Job Reference Immunity Act
FY 2013 H-1B Cap Filing Season Began on April 2
Royalties Are Excluded From Total-Sales Calculations Under the SBTA
Act Now Advisory: EEOC’s Amended ADEA Regulation Raises the Bar for Employers’ RFOA Defense
A Tender Topic: Securing Insurance Coverage in Employment Litigation or Employee Theft Matters

Trends and Research
Hotel Hiring Rebounds as U.S. Tourism Overcomes Slump
Earth Day 2012 Sees More Online ‘Green’ Job Ads


Headline News


CTG First Quarter EPS Increased 18% to $0.20
CTG News Release (04/23/12)

CTG has announced its financial results for the 2012 first quarter, which ended on March 31, 2012. Net income rose to $3.36 million, or 20 cents per share, from $2.82 million, or 17 cents per share, a year ago. Revenue increased 7.8% to $103.36 million from $95.90 million in the year-over-year period.

“This quarter’s robust increases in margins and earnings primarily reflect continued growth in our health solutions business,” says CTG chairman and chief executive officer James Boldt. Client demand remains very strong in the health care division, he said—revenue increased 19% in the first quarter, while demand in lower-margin information technology staffing moderated.

Staffing revenue was consistent year-over-year, at $62.2 million, or 60% of total revenue, compared with $62.2 million, or 65% of total revenue, in the 2011 first quarter. CTG’s guidance for 2012 assumes that its staffing business will remain relatively stable in 2012.

Heidrick & Struggles Reports 2012 First Quarter Financial Results
Heidrick & Struggles International Inc. News Release (04/24/12)

Heidrick & Struggles International Inc. today announced financial results for its first quarter ended March 31, 2012. Consolidated net revenue was $106.5 million in the first quarter, down 7.9% from $115.6 million in the 2011 first quarter. Net income was $0.7 million and diluted earnings per share were $0.04. “We demonstrated considerable progress in managing expenses, which resulted in improvements in operating income and operating margin in a very tough revenue climate,” said chief executive officer L. Kevin Kelly. “Net revenue reflected weak confirmation trends in the 2011 fourth quarter, which continued to some extent into the first quarter.”

Jobs Turn Ugly. Will Fed Swoop In?
Fox Business (04/23/12)

Economic analysts expect the U.S. Federal Reserve’s Federal Open Market Committee meeting Wednesday will affirm the central bank’s current monetary policy. However, some recent economic data support the view that the recovery remains tentative and that very accommodative policies are still necessary. The March employment numbers came in well under expectations, and the number of initial jobless claims for unemployment benefits has unexpectedly climbed in recent weeks since hitting a low point in February. Despite the possibility that sluggish expansion could slow down job growth, the minutes from the last meeting revealed that only a “couple of members indicated that the initiation of additional stimulus could become necessary if the economy lost momentum.”

The Federal Reserve is expected to reiterate the pledge to keep rates at the current level, targeting between zero percent and 0.25% until 2014. “The Federal Reserve has more or less committed itself to keeping the Fed funds rate at zero until 2014 unless the economy starts to grow pretty fast. I think that is the most that can be said,” observes Charles Weise, Ph.D., economics professor at Gettysburg College in Gettysburg, PA.


ASA for You


Free ASAPro Webinar Today—Recruiting in the Cloud

You’ve probably heard about “cloud computing,” but do you know how you can use distributed data storage to improve how you recruit candidates and interact with clients? Find out this afternoon from 3 to 4 p.m. Eastern time during the ASAPro Webinar “Recruiting in the Cloud.”

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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Just Posted: Staffing World® 2012 Workshops

ASA has just posted details about the dozens of workshops that will take place at Staffing World, Oct. 9–11 in Las Vegas. The workshops, keynote presentations, Immersion Programs, and Knowledge Network, result in three intense days of high-level, industry-specific executive education you won’t find anywhere else.

To learn more and to register, visit staffingworld.org.
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Legal Watch


Preparations Under Way for New Union Vote Rules Next Week
Bloomberg BusinessWeek (04/23/12) William McQuillen

The National Labor Relations Board rules that will simplify union-election procedures and reduce the time for balloting after a vote is requested by employees go into effect April 30. The rules will compress the election schedule to as few as 15 days, and employers need to be brought up to speed on the new rules because they must present arguments against collective bargaining prior to employees seeking a vote. The U.S. Chamber of Commerce is waiting for a federal judge to rule on its lawsuit to block the rule, and U.S. Sen. Mike Enzi (R-WY) is pushing for a resolution of disapproval of the rule due to concerns that employees would be given less time to learn their rights; however, President Obama’s advisers would recommend that the resolution be vetoed.

The U.S. Bureau of Labor Statistics says union membership fell to 11.8% in 2011 from 11.9% in 2010, marking the second consecutive year that membership reached a record low. However, the number of unionized workers edged up by 50,000 to 14.8 million.

Top GOP Senator, Business Groups Blast EEOC’s Process on Potential Guidance
Bloomberg BNA (04/23/12) Kevin P. McGowan

U.S. Sen. Michael Enzi (R-WY) and a coalition of employer representatives have sent separate letters to the U.S. Equal Employment Opportunity Commission and the White House Office of Management and Budget to object to the EEOC’s closed-door process prior to likely commission votes April 25 on two enforcement guidances under Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act. Enzi’s letter to EEOC chairman Jacqueline Berrien stated that EEOC’s intention to vote on revised guidance concerning companies’ use of arrest and conviction records without sharing the draft with agency stakeholders “confirms our view that this process has been done behind closed doors and the result will be an unwelcome surprise for conscientious employers hoping to expand hiring.”
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Nebraska Enacts Job Reference Immunity Act
Labor & Employment Law Update (04/12)

Nebraska Gov. Dave Heineman has signed LB 959 into law. The enactment of the statute means companies may be able to get more comprehensive reference information about a job applicant’s prior employment. The statute provides companies immunity from liability when they disclose reference information to a prospective employer about current or past employees. However, immunity is conditional upon the disclosing company obtaining a valid consent form signed by the employee.
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FY 2013 H-1B Cap Filing Season Began on April 2
Lexology (04/17/12)

As of April 2, companies were able to file cap-subject H-1B visa petitions regarding employees in specialty occupations for fiscal year 2013. U.S. Citizenship and Immigration Services said on April 5 that 22,323 cap-subject H-1B petitions had been received as of April 4. The number of filings received in the first few days of this year’s filing period was nearly twice the number of filings received by USCIS during the same period in 2011. Companies with a projected need for H-1B employees are advised to file petitions as soon as possible.

Royalties Are Excluded From Total-Sales Calculations Under the SBTA
JDSupra (04/23/2012) Nicole Mazzocco

Under the Single Business Tax Act, royalties from the licensing of trademarks, trade names, and know-how should not be included in total-sales calculations, affirmed the Court of Appeals in Kelly Services Inc. v. Department of the Treasury. The court indicated that royalties did not fit the definition of “sales” spelled out in previous cases and determined that royalties do not constitute “gross receipts,” which involve both sales and rental or lease receipts. Moreover, it determined that royalties do not involve a transfer of title because licenses are intangible property and that the law would not cover royalties even if they met the definition of “sale” because licensed trademarks, trade names, and know-how are not applicable property under SBTA since they do not meet the definitions of “stock in trade,” “property of a kind that would be properly included in the inventory of the taxpayer,” or “property held by the taxpayer primarily for sale to customers in the ordinary course of trade or business.”

Act Now Advisory: EEOC’s Amended ADEA Regulation Raises the Bar for Employers’ RFOA Defense
Epstein Becker Green (04/20/2012)

A final rule that amends the “reasonable factors other than age” defense under the Age Discrimination in Employment Act has been issued by the U.S. Equal Employment Opportunity Commission. Slated for implementation on April 29, the final RFOA rule forces employers seeking to establish the reasonableness of a policy or practice resulting in an age-based adverse impact to comply with strict procedural and factual requirements. Under the final rule, “Any employment practice that adversely affects individuals within the protected age group on the basis of older age is discriminatory” unless the employer justifies the practice as a RFOA. The factor must be “objectively reasonable when viewed from the position of a prudent employer mindful of its responsibilities under the ADEA under like circumstances.”

A Tender Topic: Securing Insurance Coverage in Employment Litigation or Employee Theft Matters
Lexology (04/18/12) Neal T. Buethe

Even when a company has employment practices liability insurance and fidelity bond coverages, the company can complicate or lose this protection if it improperly tenders a claim to the insurance company. Companies should take the policy-prescribed steps to secure coverage and work with legal counsel to protect the company’s rights while perfecting tender. This means not compromising the claim, allowing it to default, or making assurances to employees. It also means immediately reviewing the policy’s notice and tender provisions and then making a timely, documented submission to the insurer that tenders the matter for coverage under the terms of the policy.


Trends and Research


Hotel Hiring Rebounds as U.S. Tourism Overcomes Slump
Bloomberg (04/24/12) Anna-Louise Jackson; Anthony Feld

As U.S. tourism rebounds, hotels and motels are increasing their hiring. The number of U.S. employees at hotels, motels, and casino hotels increased 2.9% in February from February 2010, according to data from the U.S. Department of Labor. The U.S. Federal Reserve says hotel-service companies in the Fed’s St. Louis district have “announced plans to expand operations and hire new workers.” Meanwhile, Marriott International, the largest U.S. hotel chain, predicts that its U.S. hiring will increase 6% this year.

Earth Day 2012 Sees More Online ‘Green’ Job Ads
Wanted Analytics (04/23/12) Abby Lombardi

More than 28,000 job ads were posted online for “green” jobs in March, representing a 19% increase compared with March 2011. Engineering-related jobs are highly in demand to create the next generation of environmentally friendly products. In addition, many electrician and HVAC job positions are appearing in ads, as many homes and buildings are trying to reduce energy costs by installing more energy-efficient air conditioning and heating systems.

April 23, 2012


Headline News
Temporary Work Firms Signal Economy’s Health, Direction
Economists Upping Their Forecasts for 2012
CSG Partners and De Bellas & Co. Advise Hamilton-Ryker on Sale to ESOP

ASA for You
Free ASAPro Webinar Tomorrow—Recruiting in the Cloud
Staffing World® 2012: Three Things to Do Right Now

Legal Watch
California Issues Revised Wage Theft FAQs
U.S. Department of Labor Takes on More Overtime Cases
How Did the New Law Change USERRA?
Houston Businesses Fined $2 Million for Hiring Undocumented Workers

Trends and Research
More Companies Planning to Hire: NABE Survey
More Than a Third of Large Manufacturers Are Considering Reshoring From China to the U.S.


Headline News


Temporary Work Firms Signal Economy’s Health, Direction
Columbus Dispatch (OH) (04/22/12)

The number of temporary help services jobs has become a closely watched bellwether for the U.S. job market. Since hitting bottom in August 2009, the number of temporary jobs has been rising steadily. Combined, U.S. staffing companies employed an average of 2.8 million temporary and contract workers per day in 2011—up 8% from the previous year, the American Staffing Association reported last month. “Through career counseling, training, employment, and job placement, staffing and recruiting companies add value to people’s lives across every sector and occupation,” says Richard Wahlquist, the association’s president and chief executive officer. Industry sales totaled $98.3 billion in 2011—12.4% more than in 2010.

Cherie Nelson, senior business development manager for Kelly Services, says that “the fact that we are seeing the same slow, cautious increase in our business—meaning staffing of direct-hire, temporary-to-hire, and temporary employees—is a great indicator to me that the economy is on the mend.”

Economists Upping Their Forecasts for 2012
USA Today (04/12/12)

The U.S. economy will likely grow more quickly this year than previously anticipated, according to USA Today’s quarterly survey of 50 economists. Their median estimates are higher than they were in January for a number of benchmarks including hiring. They think job growth will be about 20% more robust than they did at the beginning of the year. The economists predict average employment gains of about 185,000 per month through December, up 29,000 from their January predictions.

CSG Partners and De Bellas & Co. Advise Hamilton-Ryker on Sale to ESOP
CSG Partners News Release (04/23/12)

CSG Partners LLC and De Bellas & Co announced that they served as financial advisors to the Hamilton-Ryker Group Inc. on its recent sale to an Employee Stock Ownership Plan. Hamilton-Ryker is now owned 100% by its employees. The terms of the transaction were not disclosed. As part of the ESOP transaction, the management team will remain the same, with Kelly McCreight continuing as president.

The Hamilton-Ryker ESOP continues the trend of staffing companies implementing ESOP buyouts. In addition to Hamilton-Ryker, CSG Partners has closed ESOP transactions for Burnett Staffing (Houston), Penmac Staffing (Springfield, MO), and Internal Data Resources (Atlanta).
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ASA Members: More on ESOPs Coming Soon in Your Magazine

Watch for the May-June issue of Staffing Success, which will feature a comprehensive article about employee stock ownership plans and trends in the staffing industry.


ASA for You


Free ASAPro Webinar Tomorrow—Recruiting in the Cloud

You’ve probably heard about “cloud computing,” but do you know how you can use distributed data storage to improve how you recruit and interact with clients?

Tomorrow, April 24, 3–4 p.m. Eastern time, attend the ASAPro Webinar “Recruiting in the Cloud” and learn how cloud technology can help streamline your day-to-day operations.

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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Staffing World® 2012: Three Things to Do Right Now

You’ve still got time to pack your bags—Staffing World 2012 takes place Oct. 9–11 in Las Vegas—but now is the perfect time to do three things: register, reserve, and book.

1. Register and save. Save up to $400 per person when you register by May 18.

2. Reserve your suite at the Venetian Resort Hotel Casino, where Staffing World takes place. Get the ASA group rate while it’s still available.

3. Book your flight now and get the best airfare. Fly into McCarran International Airport.

Visit staffingworld.org for details.
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Legal Watch


California Issues Revised Wage Theft FAQs
American Staffing Association (04/23/12) Stephen Dwyer

The California Division of Labor Standards Enforcement has issued revised answers to frequently asked questions about, and a revised model wage notice form for complying with, a law that requires employers to provide certain wage and other information to employees at the time of hire. The FAQs were revised in response to questions and concerns expressed by employers regarding the wage notice requirement. ASA was among the first to seek clarification of the notice requirements, pointing out that the original model DLSE form was problematic because it appeared to require that staffing firm clients provide the notice to the staffing firm’s employees. The revised form clarifies that staffing firms, not their clients, are responsible for providing the notice to temporary employees.

Concerns remain for staffing firms, such as revised FAQ No. 30, which suggests that, if the client is not known at the time of hire, the client’s name, address, and telephone number must be provided to the employee, either in a new notice or on a timely paystub. This is not practical for staffing firms, especially in cases where temporary employees are assigned to multiple clients in the same pay period.

To address these concerns, ASA representatives will meet with the California labor commissioner May 8 to discuss the compliance issues the FAQs pose for the staffing industry. While waiting for clarification from DLSE, California staffing firms should consider using the suggested notice form developed by ASA, which reflects the practical realities of the temporary staffing business and which the association believes is consistent with the law.

U.S. Department of Labor Takes on More Overtime Cases
Detroit News (04/23/12) Bill Bowen

The number of fair wages cases investigated by the U.S. Department of Labor has increased since the economic downturn. The number of cases investigated by the department’s Dallas office alone rose from 642 in 2008 to 1,193 in 2011, and recently workers of Dallas-based Temp Team Inc. won $244,000 in overtime back wages due to being misclassified as exempt.

Experts attribute the increases in investigations and lawsuits involving overtime pay to companies working to scale back labor costs, a boost in DOL funding and enforcement, and employers simply not understanding the complex rules. Others say the Fair Labor Standards Act is no longer relevant, as clear demarcations between managers, hourly employees, administrative workers, and outside salespeople are gone; more workers have flexible hours, telecommute, or are connected to their jobs no matter the hour or location by mobile devices; and more employees are placed by temporary staffing firms or operate as independent contractors. Experts say most violations involve training issues, meaning that managers simply need to be educated about the law.

How Did the New Law Change USERRA?
Business Management Daily (04/22/12) David B. Ritter

The Veterans Opportunity to Work to Hire Heroes Act amended the Uniformed Services Employment and Reemployment Rights Act to prohibit discrimination based on military status in regard to “the terms, conditions, or privileges of employment.” Employees can now bring a hostile work environment cause of action under USERRA, as the amendment establishes the same standard as a Title VII hostile work environment claim.

Houston Businesses Fined $2 Million for Hiring Undocumented Workers
Lexology (04/11/12) Pierre Georges Bonnefil; Patrick G. Brady; Robert S. Groban Jr.; et al.

Two Houston companies have each agreed to pay $2 million in fines to settle allegations they knowingly hired undocumented workers, U.S. Immigration and Customs Enforcement reports. ICE audited Champion Windows and Advanced Containment Systems Forms I-9 and found a “pattern and practice” of serious violations, including a large percentage of undocumented workers who were hired based on “egregiously suspect” identification and employment eligibility documents.


Trends and Research


More Companies Planning to Hire: NABE Survey
Reuters (04/22/12) Jason Lange

A new survey by the National Association for Business Economics shows an increase in respondents anticipating an increase in hiring at their firms over the next six months to 39% in April from 27% in January. Meanwhile, 44% of those polled noted increases in wages and salaries, compared with 26% in January.

More Than a Third of Large Manufacturers Are Considering Reshoring From China to the U.S.
Boston Consulting Group News Release (04/20/12)

A new survey from the Boston Consulting Group finds that more than a third of U.S.-based manufacturing executives at companies with sales greater than $1 billion are planning to bring back production to the U.S. from China or are considering it. Approximately 37% of decision makers at 106 companies across a broad range of industries say they plan to reshore manufacturing operations or are “actively considering” it. That response rate increased to 48% among executives at companies with $10 billion or more in revenues—a third of the sample.

“These survey findings confirm our own analysis and what we are hearing from major companies,” says Harold Sirkin, a BCG senior partner. “Companies are realizing that the economics of manufacturing are swinging in favor of the U.S., for goods to be sold both at home and to major export markets. This trend is likely to accelerate starting around 2015.”

April 20, 2012


Headline News
ManpowerGroup Reports 1st Quarter 2012 Results
U.S. Leading Economic Index Increases in March
Economic Reports Fan Fears
Fears Rise That Recovery May Falter in the Spring
U.S. Department of Labor Announces Opportunity for States to Develop Innovative Demonstrations of Re-Employment Strategies

ASA for You
Earn Recognition for Your Firm’s Environmental Efforts
Are You a Staffing World® Star?

Legal Watch
OSHA Issues Directive on Communicating With Family Following a Workplace Fatality
Temporary Firm Owner Admits Evading Paying Employment Taxes

Trends and Research
U.S. Manufacturing, Defying Naysayers
Need a Summer Job? Better Start Looking


Headline News


ManpowerGroup Reports 1st Quarter 2012 Results
ManpowerGroup News Release (04/20/12)

ManpowerGroup today reported that net earnings for the three months ended March 31 were $40.2 million, or 50 cents per diluted share, compared with net earnings of $35.7 million, or 43 cents per diluted share, a year earlier. Global revenues for the first quarter were $5.1 billion, similar to the prior year, up 3% in constant currency. U.S. revenues were $735.8 million for the quarter, compared with $750.9 million from the prior year and in line with analysts’ expectations. Net earnings in the first quarter were negatively impacted by 2 cents per diluted share, as foreign currencies were relatively weaker compared with the prior year period.

Jeffrey A. Joerres, ManpowerGroup chairman and chief executive officer, said, “We were able to achieve very solid profitability despite the continued headwinds of slow economic growth. Our geographic footprint, wide range of offerings, and very good expense management contributed to the strong quarter. Our work force solutions business continued to grow by solid double digits while our permanent recruitment business continues to outpace last year.”

U.S. Leading Economic Index Increases in March
The Conference Board News Release (04/19/12)

The Conference Board Leading Economic Index for the U.S. increased 0.3% in March to 95.7, following a 0.7% increase in February, and a 0.2% increase in January. Ataman Ozyildirim, economist at the Conference Board, says: “The LEI increased for the sixth consecutive month, pointing to a more positive outlook despite subdued consumer expectations and weakness in manufacturing new orders. Moreover, the six-month growth rate of the LEI continues to improve.”

Ken Goldstein, economist at the Conference Board, adds: “Despite relatively weak data on jobs, home building, and output in the past month or two, the indicators signal continued economic momentum. We expect a gradual improvement in growth past the summer months.”

Economic Reports Fan Fears
Wall Street Journal (04/20/12) Ben Casselman; Nick Timiraos

Although new claims for unemployment benefits declined slightly to 386,000 last week from 388,000 a week earlier, according to the U.S. Department of Labor, those figures may not hold up. In fact, the job market seems to be losing the momentum it had built earlier in the year, and layoffs may be increasing once again.

However, Chris Lawson, who runs a staffing firm in Texas, says business has risen in recent months as companies have become confident about hiring, and recent signs of weakness in the jobs market haven’t tempered clients’ enthusiasm. “It’s a slow, gradual process, where we might have some steps forward and some steps back,” Lawson says. “But the vibe and the pulse that I get is that companies are hiring.”

Fears Rise That Recovery May Falter in the Spring
New York Times (04/20/12) Annie Lowrey

Increasing layoffs, slowing manufacturing activity, and concerns about Europe are sparking fears that the economic recovery is headed for a springtime stall for the third year in a row. Forecasters have said that the trends point to a moderation of economic growth in the U.S., but they still expect the recovery to continue this year. The slowdown in part reflects an unusually warm winter, which pulled forward economic activity, making January and February seem artificially good and perhaps making recent weeks look worse than they truly were.

There are signs that the sharp decline in the unemployment rate—which fell to 8.2% in March from 8.9% in October—might be over, with economic growth not robust enough for employers to continue adding jobs so rapidly. In March, employers added just 120,000 new jobs, the fewest since November. The recent rise in new jobless claims has raised worries that the April report will also be disappointing, although some forecasters say the jobless-claims statistics have been affected by the timing of Easter. Economists are divided over the import of the recent slowdown, with many saying it is more likely to seem like a blip than a major change.

U.S. Department of Labor Announces Opportunity for States to Develop Innovative Demonstrations of Re-Employment Strategies
U.S. Department of Labor News Release (04/19/12)

The U.S. Department of Labor has announced guidance for state demonstration projects to identify innovative strategies that quickly connect unemployed workers with good jobs. Up to 10 states will be able to use administrative funding—or apply for a waiver to use Unemployment Insurance Trust Funds—to implement and evaluate programs that expedite the ability of people to return to work.

The newly released guidance provides details on the application process, activities that may be pursued, the requirements for obtaining a waiver of the withdrawal standard or methods of administration requirements in existing law, and the requirements for evaluation of the demonstration projects.


ASA for You


Earn Recognition for Your Firm’s Environmental Efforts

This Sunday, April 22, marks the 42nd annual Earth Day. Has your firm recently spearheaded an eco-friendly campaign?

If so, submit an entry for this year’s ASA Care Award. The award program recognizes outstanding corporate social responsibility initiatives among ASA member companies and affiliated chapters. DRA Recruiting & Staffing Solutions, a 2011 Care Award recipient, created a “Growing Greener” campaign that the company estimates achieved a 65% reduction of waste company-wide.

Want to celebrate Earth Day every day? Get ideas for how your company can create business-wide sustainability programs by visiting americanstaffing.net.
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Are You a Staffing World® Star?

As the industry buzz continues to build about Staffing World 2012, Oct. 9–11 in Las Vegas, more and more people are viewing the latest video about this can’t-miss event for staffing executives. With thousands convening for the ASA convention and expo each year, there’s a good chance you’ll see yourself or a colleague in this video.

Staffing World is the industry’s largest, most comprehensive professional development, networking, and expo event. Register by May 18 and save up to $400 per person. Register today.
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Legal Watch


OSHA Issues Directive on Communicating With Family Following a Workplace Fatality
Occupational Health & Safety (04/19/12)

A new U.S. Occupational Safety and Health Administration directive guides agency representatives in communicating investigation procedures with family members following a workplace fatality. The guidance is geared to ensure that OSHA representatives speak to the worker’s family early in the investigation process, establish a point of contact, and maintain a working relationship with the family.

Under the new directive, OSHA representatives will contact the victim’s family to explain the investigation process and timeline and provide the family with updates throughout the investigation. Once the investigation is closed, OSHA will explain findings to the family and address any questions. If an employer has been issued citations, OSHA will provide a copy of the citation(s) to the family.

Temporary Firm Owner Admits Evading Paying Employment Taxes
NJ.com (04/19/12) John Barna

Vanna Kem, the owner of Tri State Labor Services, has entered a guilty plea in federal court on tax evasion charges. Kem paid Tri State employees more than $1million in cash wages between the first quarter of 2006 and the last quarter of 2008 but did not withhold employment taxes. She also failed to file U.S. Internal Revenue Service Form 941, in which she was required to report the wages paid to employees.


Trends and Research


U.S. Manufacturing, Defying Naysayers
Wall Street Journal (04/20/12) John Bussey

South Carolina is experiencing a resurgence in manufacturing. Although the new factories are automated and don’t require the number of workers the old ones did, they are employing college-educated engineers and machinists. In March the Institute of Supply Management’s manufacturing index revealed expansion for the 32nd month nationally, and South Carolina is benefiting from that expansion. At least 30 companies have expressed interest in moving to or expanding into the Greenville, SC, area. Meanwhile, 37% of 106 large U.S. manufacturers surveyed by the Boston Consulting Group say they intend to bring production back to the U.S. from China, or are thinking about it.

Need a Summer Job? Better Start Looking
San Diego Union-Tribune (04/19/12) Jonathan Horn

A new survey by Internet career site Snagajob found that more hiring managers plan to fill summer job openings quickly this year. Almost 25% of the 1,000 hiring managers surveyed said they intend to hire all of their seasonal employees by the end of March; another 23% said they expect to hire seasonal employees by the end of April. Seventy-nine percent of the jobs should be filled by the end of May.

April 19, 2012


Headline News
NLRB Notice Posting Rule Delayed
More Americans Than Forecast Filed Jobless Claims Last Week
U.S. Multinationals Step Up Hiring

ASA for You
Free ASAPro Webinar Today
Got Sector-Specific News?

Legal Watch
Maine Gov. LePage Signs Workers’ Comp, Unemployment Bills
Government Interest in Pay Equity Still High, Increased Enforcement Efforts Afoot
Off the Clock: Employees Fighting for Overtime Pay

Trends and Research
ManpowerGroup Recommends Strategies for Businesses to Improve Employability Skills of Youth
Thirty-Seven Percent of Companies Use Social Networks to Research Potential Job Candidates, According to New CareerBuilder Survey
College Grads Can Expect More Hiring for Entry-Level Spots: Survey


Headline News


NLRB Notice Posting Rule Delayed
Crowell & Moring (04/18/12)

U.S. National Labor Relations Board chairman Mark Pearce has announced that the NLRB will not proceed with the April 30 deadline for implementing the board’s new rule requiring companies to post a notice advising employees of their rights under the National Labor Relations Act. Pearce referenced “conflicting decisions at the district court level,” pointing to opinions written in cases brought in South Carolina and the District of Columbia challenging the board’s statutory authority to promulgate the rule. The board also announced its decision to appeal the South Carolina decision to the Fourth Circuit. The D.C. Circuit has ordered an expedited briefing schedule in its case. Pearce’s statement is available here.

More Americans Than Forecast Filed Jobless Claims Last Week
Bloomberg (04/19/12) Shobhana Chandra

The number of Americans who filed requests for jobless benefits totaled 386,000 last week, keeping claims at a four-month high, the U.S. Department of Labor reported this morning. Claims from two weeks ago were revised up to 388,000 from an initial reading of 380,000. The median forecast of 47 economists surveyed by Bloomberg News called for a drop to 370,000. The claims figures raise the possibility the payroll gains that have helped push unemployment down to a three-year low may cool.

U.S. Multinationals Step Up Hiring
Wall Street Journal (04/18/12) David Wessel

U.S.-based multinational companies boosted their U.S. work forces by 0.1% in 2010, according to the U.S. Commerce Department. The modest expansion of the multinational companies’ U.S. employment came as the private sector overall cut 0.6% of its U.S. work force. Approximately 68% of the companies’ employees were in the U.S. in 2010, down from 75% in 1999. Although the companies added 200,000 jobs in the U.S. between 2007 and 2010, three times as many jobs were added overseas.


ASA for You


Free ASAPro Webinar Today

Are you maximizing your ASA membership benefits? Find out today, from 1 to 2 p.m. Eastern time, during the ASAPro Webinar “ASA Membership Orientation.” Learn about the professional development opportunities, legal and legislative resources, benchmarking data, marketing tools, and all the benefits that come with your ASA membership.

This ASAPro Webinar is open to all new and current members. Register online at americanstaffing.net.
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Got Sector-Specific News?

ASA delivers timely sector-specific news affecting your niche of the staffing industry. Sector trends and news published in Staffing Today and other publications are featured on the membership sections pages of americanstaffing.net. ASA posts fresh content weekly and provides a news archive of sector-specific articles.

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.
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Legal Watch


Maine Gov. LePage Signs Workers’ Comp, Unemployment Bills
Associated Press (04/18/12)

Maine Gov. Paul LePage says the trio of bills he signed into law on April 18 aim to boost the state’s business environment and create more jobs. One bill simplifies the workers’ compensation law, alters eligibility requirements, and imposes a 10-year cap on benefits, except for severely injured workers, while another changes eligibility requirements for unemployment compensation and imposes criminal penalties for unemployment fraud. The remaining bill standardizes and clarifies the definition of independent contractor for workers’ compensation and unemployment insurance purposes and imposes penalties for misclassifying workers. The bills are “common-sense” and “business-friendly reforms,” according to Cathy DeMerchant, president and co-owner of Capital Area Staffing Solutions Inc.

Government Interest in Pay Equity Still High, Increased Enforcement Efforts Afoot
JDSupra (04/18/2012)

In response to a recommendation from president Obama’s National Equal Pay Enforcement Task Force, three district offices of the U.S. Equal Employment Opportunity Commission are taking part in an Equal Pay Act Directed Investigation Pilot Project, in which employers are targeted for auditing instead of being audited in response to a charge of discrimination. It remains to be seen how employers are selected for auditing, but the EEOC says the pilot eventually could be expanded nationwide and that audits will include all employers, not just federal contractors.

Experts say employers would be wise to perform a preventative pay equity audit with the help of experienced outside attorneys and qualified statisticians. Auditors must identify factors that affect compensation—such as job title, pay grade or band, type of work performed, and level of responsibility—and review compensation policies and procedures, including pay grade or band structure, standards for bonuses, and performance evaluations. They should be prepared to find statistically significant compensation differences that may or may not involve discrimination and could necessitate pay adjustments. The results of these audits should be documented.

Off the Clock: Employees Fighting for Overtime Pay
MSNBC (04/18/12) Eve Tahmincioglu

Workers tired of working off the clock are filing lawsuits. The latest one, which is being reviewed this week by the U.S. Supreme Court, is looking at whether pharmaceutical company representatives are owed overtime pay, even though the company they work for says they’re salespeople and not entitled to it. The U.S. Department of Labor brought 11,990 overtime cases in 2011, up from 8,788 cases in 2010. Richard Alfred, an attorney with Seyfarth Shaw, says overtime lawsuits filed in federal court climbed 15% in 2011 from a year earlier. He says wage-and-hour lawsuits overall have climbed 325% since early 2000.


Trends and Research


ManpowerGroup Recommends Strategies for Businesses to Improve Employability Skills of Youth
ManpowerGroup News Release (04/17/12)

ManpowerGroup has recommended ways for businesses to create effective and sustainable solutions for employing more young workers. ManpowerGroup’s new insight paper, “Wanted: Energized, Career-Driven Youth,” addresses the growing regional and global problem of youth unemployment. An increasing number of young people struggle to participate in the work force—just 48.8% of the potential labor force in 2011, according to the International Labor Organization.

“Employers have a vested interest in making investments to improve young people’s ability to succeed in the world of work,” says Jonas Prising, ManpowerGroup president of the Americas. “As older workers exit the work force, the need to nurture the next generation grows ever more critical to ease worsening talent mismatches.”

Thirty-Seven Percent of Companies Use Social Networks to Research Potential Job Candidates, According to New CareerBuilder Survey
CareerBuilder News Release (04/18/12)

Approximately 37% of companies use social networking sites to research job candidates, according to a new survey from ASA corporate partner CareerBuilder. Of the employers who do not research candidates on social media, 15% said their company prohibits the practice. About 11% report they do not currently use social media to screen, but plan to start.

The nationwide survey, which was conducted by Harris Interactive from Feb. 9 to March 2, 2012, included more than 2,000 hiring managers and human resource professionals across industries and company sizes. When asked why they use social networks to conduct background research, 65% of hiring managers said they wanted to see if the candidate presents himself or herself professionally, 51% checked to see if the candidate is a good fit for the company culture, and 45% sought to learn more about the candidate’s qualifications.

“Because social media is a dominant form of communication today, you can certainly learn a lot about a person by viewing their public, online personas,” says Rosemary Haefner, vice president of human resources at CareerBuilder. “However, hiring managers and human resource departments have to make a careful, determined decision as to whether information found online is relevant to the candidates’ qualifications for the job.”

College Grads Can Expect More Hiring for Entry-Level Spots: Survey
New York Daily News (04/18/12) Phyllis Furman

Outplacement services firm Challenger, Gray & Christmas says entry-level job seekers with four-year degrees are in demand, though recent college graduates will have to compete with those who graduated during the last few years and waited out the downturn. Additionally, hiring gains will be more modest this year, with the National Association of Colleges and Employers reporting that employers expect a 10% gain in hiring of spring graduates, versus 21% last year. Those with degrees in accounting and finance, engineering, computer science, sales and marketing, education, and social services have better job prospects and could earn higher salaries than graduates in other fields.

April 18, 2012


Headline News
Staffing Resource Group Expands in South Florida Through Acquisition
DISYS Acquires Certain Assets of Conversion Services International Inc.

ASA for You
2012 ASA Staffing Law Conference Wraps Up in DC
Free ASAPro Webinar Tomorrow—Make the Most of Your Membership

Legal Watch
DC Circuit Enjoins Enforcement of NLRB Posting Rule
DC Court of Appeals Rules Against OSHA in Recordkeeping Case
Let ‘Em Know: Post All Promotion Opportunities

Trends and Research
More Than Half of Global Work Force Considering Job Change According to Annual Survey by Kelly Services
Tool and Die Makers Desperately Casting for Workers
Workers’ Pay Divide Persists
Pay Gap Persists in Female-Dominated Career Fields


Headline News


Staffing Resource Group Expands in South Florida Through Acquisition
Tampa Bay Business Journal (04/17/12)

The Staffing Resource Group has acquired Metro Group IT Recruitment Services based in Fort Lauderdale as part of its plan to expand its Florida footprint. Metro Group president Mike Fisher will remain on staff to manage SRG’s South Florida office and to build business in the area. Financial terms were not disclosed.

DISYS Acquires Certain Assets of Conversion Services International Inc.
MarketWatch (04/17/12)

Information technology staffing and consulting firm Digital Intelligence Systems Corp. reports that it has recently acquired certain assets of Conversion Services International Inc., a provider of information management and business process optimization solutions. The deal is the first in DISYS’s recently announced growth-through-acquisition strategy. “The acquisition of certain CSI assets will give us access to a complementary set of customers and allow us to expand our presence in financial services and other key vertical industries,” says DISYS chief executive officer Mahfuz Ahmed.


ASA for You


2012 ASA Staffing Law Conference Wraps Up in DC

A record-breaking gathering of staffing executives wrapped up another successful ASA Staffing Law Conference in the nation’s capital this morning. The two-day annual conference is the only event devoted to legal and regulatory issues facing staffing firms.

Among the conference speakers was Victoria A. Lipnic, commissioner of the U.S. Equal Employment Opportunity Commission, who participated in the panel discussion “The Regulators Speak: Enforcement Agendas of DOL, EEOC, and DOJ.” Lipnic highlighted staffing firms’ critical role in helping educate their clients, saying, “You really can be leaders in making sure employers comply with the laws.” She added, “I completely appreciate the work that you do.”

Recordings from this year’s conference will be available soon on ASAPro, the ASA online professional development center. Conference attendees will receive an e-mail notification when the recordings are available. ASA members who did not attend the conference may purchase the recordings at a discount. Learn more at americanstaffing.net.

Mark your calendar for the 2013 ASA Staffing Law Conference, May 7–8 in Washington, DC.
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Free ASAPro Webinar Tomorrow—Make the Most of Your Membership

Are you maximizing your ASA membership benefits? Find out tomorrow, April 19, from 1 to 2 p.m. Eastern time, during the ASAPro Webinar “ASA Membership Orientation.” This one-hour Webinar is designed to help ASA member companies learn more about their member benefits. You will learn about professional development opportunities, legal and legislative resources, benchmarking data, marketing tools, and much more.

This ASAPro Webinar is open to new members, and to all members who want to learn more about ASA membership benefits. In addition to the firm key contact, any staff members in your headquarters or branch offices can participate in this Webinar. There is no limit to the number of staff members who can participate—everyone will benefit.

All ASAPro Webinars are free for ASA members. Register online at americanstaffing.net.
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Legal Watch


DC Circuit Enjoins Enforcement of NLRB Posting Rule
Seyfarth Shaw (04/17/12) Ronald J. Kramer

On April 17, the U.S. Court of Appeals for the District of Columbia Circuit stayed the implementation of the U.S. National Labor Relations Board’s rule requiring companies to post notices in the workplace about workers’ rights to unionize. The stay will remain in effect until the D.C. Circuit Court resolves the pending appeal in NAM v. NLRB. The order comes just days after a U.S. District Court for the District of South Carolina struck down the NLRB’s posting rule in Chamber of Commerce of the United States v. NLRB, which likely will be appealed.

DC Court of Appeals Rules Against OSHA in Recordkeeping Case
JDSupra (04/17/2012)

An April 6 ruling by the U.S. Court of Appeals for the District of Columbia Circuit gives the U.S. Occupational Safety and Health Administration just six months to cite employers for record-keeping violations from the date the employer neglected to record an injury or illness in the OSHA 300 log, overruling the Occupational Safety and Health Review Commission’s 2011 decision in Secretary of Labor v. AKM LLC d/b/a Volks Constructors, in which every day the OSHA 300 log was inaccurate constituted a continuing violation. Employers should record the illness or injury within seven calendar days, and from that date, OSHA has only six months to issue a citation for record-keeping violations. The ruling shortens the time during which employers can be cited.

Let ‘Em Know: Post All Promotion Opportunities
Business Management Daily (04/16/12)

Experts say employers can minimize the risks of litigation, avoid monetary losses related to lawsuits and lost productivity, and show employees they are valued by posting all promotion openings. In the case Culver v. CCL Label the Sixth Circuit dismissed an employer’s claim that a female employee could not sue for sex discrimination because she did not apply for the promotion, stating that employees can sue for missed opportunities if they are unaware of promotion openings. Although the employee ultimately lost the case because she could not prove that she was as qualified as the male co-worker who won the promotion, the company spent a lot of time and money on the case.


Trends and Research


More Than Half of Global Work Force Considering Job Change According to Annual Survey by Kelly Services
Kelly Services News Release (04/17/12)

Employees across the globe have experienced unprecedented economic turmoil, and, as a result, are restless regarding future career goals. Many are unhappy in their jobs and are actively searching for new opportunities. Others are content with their current employment position but are seeking greater engagement and meaning from their positions.

These findings are part of the latest survey results from the Kelly Global Workforce Index, an annual survey conducted by Kelly Services. Overall, only 44% of the global work force feels valued by their employer and 66% intend to look for a new job with another organization in the next year. The survey finds that among the main work force generations, Gen X (aged 31-48) are more likely to be thinking about resigning their current jobs than either Gen Y (19-30) or Baby Boomers (49-66).

Tool and Die Makers Desperately Casting for Workers
USA Today (04/18/12) Paul Davidson

A revival of the manufacturing sector has fueled economic recovery during the last two years, but a decline in the number of tool and die makers could jeopardize the strength of the sector’s revival. The tool and die industry is having a hard time finding skilled workers, and a U.S. Congressional Research Service report indicates that the lack of skilled workers has shrunk the work force to such an extent that it may not be able to support the reshoring trend as companies bring production jobs back to the U.S. The U.S. Bureau of Labor Statistics says the number of tool and die makers rose 7% to 98,000 in 2011, and the National Tool & Machining Association says 80% of the nation’s tool and die firms want to hire anywhere from one to five workers. Workers with strong math and science skills and an ability to work with their hands are in high demand.

Workers’ Pay Divide Persists
Wall Street Journal (04/18/12) Neil Shah

The wage gap among U.S. workers is getting bigger. According to U.S. Department of Labor numbers released April 17, between the end of the recession in mid-2009 and the first quarter of this year, earnings of U.S. workers at the top of the pay scale rose 7%, while the wages of those at the bottom rose just 2.5%. The gap in growth rates has persisted for decades. Economists cite globalization, which has shifted many U.S. low-skilled, high-paid manufacturing jobs overseas. Of the jobs created in the past two years, about 40% have been in low-paying industries such as retail and restaurants, according to Wells Fargo Securities.

Pay Gap Persists in Female-Dominated Career Fields
U.S. News & World Report (04/17/12) Danielle Kurtzleben

A new study done by the Institute for Women’s Policy Research finds that among the 20 most popular occupations for women workers, they only out-earn men in one field: bookkeeping, accounting, and auditing clerks. Among secretaries and administrative assistants, women make up 96% of workers but earn 86% as much as men. Women account for 54% of financial managers, but they earn only about 66% of what men in that occupation make.

The pay and gender gaps also persist in jobs dominated by men. Approximately 25% of chief executives are women, and they earn only 69% as much as male executives. Meanwhile, women with professional degrees are paid just 67 cents for every dollar paid to men with professional degrees, according to the National Partnership for Women & Families.

April 17, 2012


Headline News
No Double-Dip Deja Vu Seen for U.S. Economy
March Industrial Production Flat for Second Month

ASA for You
ASAPro Webinar Thursday—ASA Membership Orientation

Legal Watch
DOJ Settles Discrimination Case Alleging Discriminatory Job Advertisements
Contingent Workers Settle Suit in California
Employer Recordkeeping Requirements Extended to GINA

Trends and Research
Tech Salaries, Jobs on Rise
More Employers Are Hiring, but Taking a Conservative Approach


Headline News


No Double-Dip Deja Vu Seen for U.S. Economy
Bloomberg BusinessWeek (04/16/12) Rich Miller

The economy seems more stable this year than it did last year. Company and household balance sheets are stronger, and retail sales are rising. “The recovery seems more broad-based in the U.S.,” says Jonas Prising, president of the Americas at ManpowerGroup. “I see it across industries and I see it across geographies.” Risk also is lower, he notes. “The external environment and the factors that affected it last year are a lot less severe this year.”

March Industrial Production Flat for Second Month
MarketWatch (04/17/12) Steve Goldstein

Industrial production was unchanged for the second straight month in March, the U.S. Federal Reserve reported today. Economists polled by MarketWatch had forecast a 0.3% increase. During the first quarter, industrial production rose at an annualized rate of 5.4%.


ASA for You


ASAPro Webinar Thursday—ASA Membership Orientation

Are you maximizing your ASA membership benefits? Find out this Thursday, April 19, from 1 to 2 p.m. Eastern time, during the ASAPro Webinar “ASA Membership Orientation.” This one-hour Webinar is designed to help ASA member companies learn more about their member benefits. You will learn about professional development opportunities, legal and legislative resources, benchmarking data, marketing tools, and much more.

This ASAPro Webinar is open to new members, and to all members who want to learn more about ASA membership benefits. In addition to the firm key contact, any staff members in your headquarters or branch offices can participate in this Webinar. There is no limit to the number of staff members who can participate—everyone will benefit.

All ASAPro Webinars are free for ASA members. Register online at americanstaffing.net.
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Legal Watch


DOJ Settles Discrimination Case Alleging Discriminatory Job Advertisements
Lexology (04/09/12)

The U.S. Department of Justice has reached a settlement agreement with health care staffing firm Onward Health Care over allegedly discriminatory job postings. DOJ alleged that the company’s job postings restricted applications to U.S. citizens, even though work-authorized immigrants should have been permitted to apply for the jobs. The company has agreed to pay $100,000 in civil monetary penalty and to change its internal policies and manuals to reflect the protections of the Immigration and Nationality Act, which generally prohibits companies from discriminating on the basis of citizenship status.
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Staffing Law Conference Speaker Provides Hotline for Employers

At the ASA Staffing Law Conference this morning, Seema Nanda of the U.S. Department of Justice Civil Rights Division emphasized that staffing firms should call the Office of Special Counsel for Immigration-Related Unfair Employment Practices’ hotline for assistance with the Form I-9 process. The number is 800-255-8155.

Contingent Workers Settle Suit in California
Workforce (04/16/12)

A wage and hour lawsuit filed by contingent workers against PrO Unlimited and staffing client Juniper Networks Holdings International Inc. has been settled. The workers signed employment agreements with PrO and Juniper stating that they were classified as exempt from overtime and were required to track daily work in eight-hour increments, but plaintiffs claimed they regularly worked more than eight hours per day. The suit, which was first filed in July 2011, sought to represent all contingent employees who worked at both PrO and Juniper in California.

Employer Recordkeeping Requirements Extended to GINA
Epstein Becker Green (04/06/2012) Amy J. Traub; Anna A. Cohen; Jennifer A. Goldman

Effective April 3, the U.S. Equal Employment Opportunity Commission extended its record-keeping requirements to employers covered by Title II of the Genetic Information Nondiscrimination Act. GINA applies to employers with 15 or more employees, and Title II seeks to protect job applicants, current and former employees, labor union members, apprentices, and trainees from discrimination based on their genetic information.

When a charge of discrimination has been filed with the EEOC, an employer must preserve all employee records relevant to the charge until “final disposition” of the charge. If a charge is not resolved after investigation and the charging party has received a notice of right to sue, “final disposition” will be considered to be the date of expiration of a 90-day statutory period within which the applicant or employee may bring suit. However, if the applicant, employee, or the EEOC files a lawsuit, the date on which the litigation is terminated is considered the final disposition. Records subject to this requirement may include personnel or employment records, such as application forms or test papers, of the charging party and of all other employees or applicants holding positions similar to the one held or sought by the charging party.


Trends and Research


Tech Salaries, Jobs on Rise
South Florida Sun-Sentinel (04/17/12) Marcia Heroux Pounds

Staffing firms in South Florida say technology professionals are receiving multiple job offers in the current market and that programmers, security analysts, and administrators who maintain company databases are in high demand. A survey of more than 1,000 technology workers in the tri-county area by the Boca Raton-based staffing firm ProTech indicates that salary is the prime motivator, and flextime and telecommuting are the biggest perks. The survey shows that the average pay increase for technology professionals was 3.5% in 2011, compared with 2% in 2010. Gary Henning, Robert Half International’s Florida district president, says technology professionals want to be involved in “cutting edge” work, and if employers do not raise salaries, “people are going to entertain other offers.”

More Employers Are Hiring, but Taking a Conservative Approach
Southeast Missourian (04/16/12) Heather Collier

Although Missouri’s unemployment rate hit a four-year low of 7.4% in February, observers say employers are being conservative when it comes to hiring. “They’re trying to get more done with less people,” says Debbie Glenn, regional branch manager of ManpowerGroup. A recent quarterly outlook employment survey by ManpowerGroup found that 18% of employers expect to increase hiring, compared with just 4% planning to downsize. Glenn expects growth in the health care market in particular and notes that few entry-level jobs are available. She adds that more companies are using staffing firms to handle their staffing needs.

April 16, 2012


Headline News
More American Workers Sue Employers for Overtime Pay
The Rise of the Independent Work Force
Tax Incentives Aid Vet Hiring, Study Finds
Ex-CEO From Leechburg Pleads Guilty to Fraud, Tax Evasion
Green Jobs Creation Slower Than Expected

ASA for You
ASA Staffing Law Conference Starts Tomorrow

Legal Watch
Federal Court Says NLRB Can’t Require Employers to Post Union Notices
Appeals Court: No Criminal Prosecution for Recruiter's Breach of Computer Network
U.S. Department of Labor Extends Comment Period on Proposed FMLA Rules
Business, Labor Groups Gird for Vote on Controversial NLRB Union Election Rule

Trends and Research
Health Care Jobs Activity Surging on Social Media
Insurance Employment Report: Jobs Outlook Improving, Slowly


Headline News


More American Workers Sue Employers for Overtime Pay
USA Today (04/16/12) Paul Davidson

Wage-and-hour lawsuits filed in federal court topped 7,000 last year, up 32% from 2008. Workers are filing suit to recoup overtime pay, alleging that they were required to work off the clock, were misclassified as exempt from overtime requirements, and were expected to handle work-related tasks after hours using smartphones and other technology. Experts say the Fair Labor Standards Act is outdated, as it does not take into consideration the new workplace and new technologies.

Employers are now clearly distinguishing between workers and managers and pulling back on telecommuting and company-issued smartphones, especially as the U.S. Department of Labor cracks down on violators. The amount of back wages recovered by DOL rose 28% from fiscal 2010 to $225 million in fiscal 2011, and it has increased its wage-and-hour investigators by 40% to 1,050.

Check out this "Law and You" Scenario in Staffing Success

The latest issue of the ASA magazine examines the case of a highly skilled engineer and competitive candidate seeking compensation for overtime hours worked while on assignment—something the staffing firm owner says she was never authorized to do. Who's right?

The Rise of the Independent Work Force
New York Times (04/14/12) Alexandra Levit

Around 31% of the U.S. work force is independent or contingent, including temporary workers, contractors, and the self-employed, according to a 2006 government report. Contingent workers were favored by employers during the recent recession because hiring them helped hold down costs, and they are not likely to go away given that employers remain hesitant to hire permanent employees.

Tax Incentives Aid Vet Hiring, Study Finds
Washington Post (04/14/12) Steve Vogel

A new study from the RAND Corp. concludes that federal tax credit programs encouraging employers to hire disabled veterans are proving effective. In 2007, Congress added incentives to the Work Opportunity Tax Credit program, offering employers who hired disabled veterans who were recently discharged or unemployed for more than six months up to $4,800 per hire. The new study finds that the tax credit increased employment among disabled veterans by two percentage points in 2007 and 2008, or approximately 32,000 jobs each year. "These findings suggest that tax credits may be an effective means to reduce unemployment among disabled veterans," says the study's author, Paul Heaton.

Ex-CEO From Leechburg Pleads Guilty to Fraud, Tax Evasion
Pittsburgh Tribune-Review (04/14/12) Brian Bowling

Richard McDonald, the former chief executive of the Wilkins, PA-based medical staffing firm World Health Alternatives Inc., pleaded guilty to one count each of wire fraud, securities fraud, certifying false statements to the U.S. Securities and Exchange Commission, payroll tax evasion, and income tax evasion as part of a deal with the government to avoid prosecution on 15 additional charges. McDonald assumed the top post at the company in 2003 and resigned in 2005, and during his tenure, he transferred company money to his personal account and hid the fact that the company had $2.3 million in unpaid payroll taxes, among other things. The company filed bankruptcy six months after his resignation and was acquired by Alpharetta, GA-based Jackson Healthcare Solutions in 2006.

Green Jobs Creation Slower Than Expected
Reuters (04/13/12) Andy Sullivan

Three years after the Obama administration launched a push to build a job-creating "green" economy, the millions of jobs predicted have been slow to become reality. A $500 million job-training program has so far helped fewer than 20,000 people find work, far short of its goal. The White House said in November 2010 that its clean-energy efforts had generated work for 225,000 people and would ultimately create a total of 827,000 "job years"—implying average annual employment of around 200,000 over the four years of Obama's presidential term. White House officials stand by that estimate and say job creation is only one aspect of the clean-energy push.

Backers of the notion of a "green collar" work force argue that earth-friendly energy is a promising growth sector that could create a bounty of stable, middle-class jobs and fill the gap left by manufacturing work that has moved overseas. However, Darren Divine, vice president for academics at the College of Southern Nevada, says the fields of health care, education, and technology are likely to provide the best employment prospects in the years to come.


ASA for You


ASA Staffing Law Conference Starts Tomorrow

The ASA Staffing Law Conference takes place tomorrow and Wednesday at the Westin Washington, DC, City Center Hotel.

The conference features Charlie Cook, the pre-eminent authority on U.S. elections and political trends; senior-level representatives from the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, and U.S. Department of Justice; a special session to discuss the effects of federal health care reform; and more.

For more information, visit americanstaffing.net. Registrations will be accepted on site.
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Legal Watch


Federal Court Says NLRB Can’t Require Employers to Post Union Notices
American Staffing Association (04/16/12) Ed Lenz

A federal judge in South Carolina ruled Friday that the National Labor Relations Board does not have authority to require employers subject to the National Labor Relations Act to post a notice advising employees of their rights under the act. In so ruling, U.S. District Judge David C. Norton said that the legislative history of the act showed that Congress “did not intend to impose a universal notice-posting requirement on employers, nor did it authorize the board to do so.” The ruling conflicts with a March 2 ruling by a federal district court in the District of Columbia in which the court held that failure to post the notice could not be treated as an unfair labor practice charge or give employees more time to file charges on other issues, but that the NLRB has the basic authority to require the notice. (See March 5 issue of Staffing Today.)

Officials of the NLRB and the U.S. Chamber of Commerce, the main plaintiff in the South Carolina case, are examining what effect, if any, Judge Norton’s ruling should be given beyond South Carolina. There is speculation that the South Carolina ruling will be appealed in an effort to resolve the conflict between the two lower courts. The NLRB notice requirement is currently scheduled to go into effect on April 30.
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Appeals Court: No Criminal Prosecution for Recruiter's Breach of Computer Network
American Staffing Association (04/16/12) Stephen Dwyer

The U.S. Court of Appeals for the Ninth Circuit, in California, has ruled in U.S. v. Nosal that a former employee of a search and placement firm, who persuaded the firm's current employees to access its computer data for the purpose of helping him set up a competing business, could not be criminally prosecuted under the federal Computer Fraud and Abuse Act.

After ending his tenure with the firm, the former employee allegedly enlisted three current employees to access the company's computer records and help him set up his business. After he was criminally indicted, the former employee moved to dismiss the indictment on the grounds that the CFAA was designed to prosecute computer hackers, not former employees who allegedly misappropriate their former employers' confidential information. The appeals court agreed, ruling that the law was not intended to prohibit persons from misappropriating the information they have a right to access.

Staffing firms should note that in certain jurisdictions outside California, staffing firm internal employees may be criminally prosecuted under the CFAA for violating company computer policies and misappropriating company trade secrets and confidential information. Regardless of the jurisdiction, every staffing firm should have clear policies prohibiting such activity.

U.S. Department of Labor Extends Comment Period on Proposed FMLA Rules
HR.BLR.com (04/13/12)

The U.S. Department of Labor's Wage and Hour Division has extended to April 30 the comment period for its proposed rule regarding new military-related amendments to the Family and Medical Leave Act. The proposed amendments would extend military caregiver leave to veterans' family members for up to five years after the service member leaves the military. Furthermore, the proposal extends qualifying exigency leave to employees whose family members serve in the regular armed forces and not just to family members of National Guard members and reservists. The proposed amendments would also add a special eligibility provision for airline flight crews.

Business, Labor Groups Gird for Vote on Controversial NLRB Union Election Rule
The Hill (04/15/12) Kevin Bogardus

Business groups and unions expect the U.S. Senate to vote in the next week or two on a joint resolution for congressional disapproval that would block the National Labor Relations Board's union election rule. The rule would speed up union elections and is opposed by business groups, which say that it would restrict employers' free speech rights and put a damper on job growth. However, unions support the rule, indicating that it would give workers a fair vote and minimize litigation. The joint resolution has the backing of 45 Republicans, but it needs a simple majority of 51 votes to pass.


Trends and Research


Health Care Jobs Activity Surging on Social Media
HealthLeaders Media (MA) (04/13/12) Margaret Dick Tocknell

A recent survey from AMN Healthcare indicates that people who work in the health care sector have increased their use of social media to look for and apply for new jobs. Until fairly recently, personal networking and informal get-togethers might have been the preferred way to learn about potential job openings. However, social media makes “the cocktail party very large and very private,” AMN president of health care staffing Ralph Henderson told HealthLeaders Media. He notes that social media is an excellent way for the health care industry to reach out to the passive job seeker who is content in his or her job but would change jobs if the right one came along. “The tools and opportunities available through LinkedIn, Facebook, or Twitter are very different now from just a few years ago,” he notes.

Insurance Employment Report: Jobs Outlook Improving, Slowly
Insurance Journal (04/16/12) Young Ha

More insurance companies are hiring employees this year, although others are making do with their current staffing levels. Still, 51% of the 112 insurance companies surveyed by the Jacobson Group say they may hire more employees in 2012, up from 44% a year ago. Meanwhile, the Independent Insurance Agents and Brokers of America has more job postings listed on the its job board this year.

April 13, 2012


Headline News
California Supreme Court Gives Employers a Major Break
Labor-Market Worries Rise With Jobless Claims

ASA for You
Last Chance to Register Online for the 2012 ASA Staffing Law Conference

Legal Watch
USCIS Seeks Comments on Proposed Revisions to Form I-9
Oregon; Washington, DC, Ban Discrimination Against the Unemployed
Top Ten Compensable Time Issues for Non-Exempt Employees

Trends and Research
Failed Drug Tests Limit Employers' Options
Rock Bottom Unemployment for Some Jobs
Manufacturers Report Difficulty Hiring


Headline News


California Supreme Court Gives Employers a Major Break
Seyfarth Shaw (04/12/12) Brandon R. McKelvey; Dana Peterson; Jeffrey A. Berman

The California Supreme Court has ruled in Brinker Restaurant Corp. v. Superior Court that companies are not obligated to ensure their employees take legally mandated lunch breaks. Companies must give their nonexempt workers 30-minute meal breaks, but do not need to ensure their workers actually stop working during the breaks. Companies must give a meal break no later than the end of the fifth hour of work and a second break no later than the end of the 10th hour of work.

Labor-Market Worries Rise With Jobless Claims
Wall Street Journal (04/13/12) Conor Dougherty

Last week's rise in new claims for unemployment benefits—in combination with other weak reports on hiring, automobile sales, and small-business sentiment—has observers concerned that the labor market may be softening. The various reports suggest that strong job growth data reported earlier in the year were partially due to an unusually warm winter, which can boost employment for construction and other seasonal work. More troubling is that the data indicating strong early-year job growth followed by weaker spring growth is similar to a pattern seen in 2011.


ASA for You


Last Chance to Register Online for the 2012 ASA Staffing Law Conference

Today is the last day to register online for the ASA Staffing Law Conference April 17–18 in Washington, DC. After today, you can only register on-site at the Westin Washington, DC, City Center Hotel.

You can't afford to miss this opportunity to learn how to protect yourself and your business.

The conference features Charlie Cook, the pre-eminent authority on U.S. elections and political trends; senior-level representatives from the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, and U.S. Department of Justice; a special session to discuss the effects of federal health care reform; and more.

To register, visit americanstaffing.net.
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Legal Watch


USCIS Seeks Comments on Proposed Revisions to Form I-9
American Staffing Association (04/13/12) Anne Duffy

U.S. Citizenship and Immigration Services is seeking public comments on proposed revisions to its Form I-9, which employers must use to verify an employee's identity and to establish that the employee is eligible to work in the U.S.

According to USCIS, the intent behind the changes is to include "expanded Form I-9 instructions and a revised layout; new, optional data fields to collect the employee's e-mail address and telephone number; and new data fields to collect the foreign passport number and country of issuance."

Because of ambiguity with respect to several proposed language changes, ASA will submit comments to confirm that staffing firms can continue to complete the Form I-9 at the time a candidate consents to be included in the staffing firm's roster of temporary employees, irrespective of the time the individual actually begins work.

Public comments are due May 29. To review the USCIS request for comments regarding the proposed revisions to the Form I-9, see the March 27 issue of the Federal Register.

Oregon; Washington, DC, Ban Discrimination Against the Unemployed
American Staffing Association (04/13/12) Anne Duffy

The city of Washington, DC, and the state of Oregon recently enacted laws that prohibit employers and employment agencies from discriminating against job applicants based on their status as unemployed. New Jersey had previously enacted such a law, and similar legislation is pending in Arizona, Illinois, Nebraska, New York, and Michigan.

The DC Unemployed Discrimination Act of 2012, set to take effect next week, will prohibit employers and employment agencies from discriminating against job applicants based on their status as unemployed and will be the first law to ban the consideration of an applicant's unemployment status in adverse hiring decisions.

The Oregon law took effect March 27. It prohibits employers and employment agencies from publishing job advertisements that include language indicating that unemployed individuals should not apply for the job or that they will not be considered for the position.

Top Ten Compensable Time Issues for Non-Exempt Employees
JDSupra (04/12/2012)

Employers must ensure that nonexempt employees under the Fair Labor Standards Act are properly compensated for all hours worked, including overtime. They also must be compensated for time they spend waiting for an assignment, because they are not free to leave. Time spent at seminars, lectures, and training programs is compensable if their attendance is required, whether during or after normal work hours. Nonexempt employees also must be compensated for off-the-clock time if they begin working before the regular workday commences, even if the time is not recorded on the time sheet, and work brought home and e-mails answered before or after the regular workday are compensable as well. To avoid violations of overtime requirements, employers should ensure that nonexempt employees do not perform work outside their regular work schedule without prior approval.


Trends and Research


Failed Drug Tests Limit Employers' Options
Fond du Lac Reporter (04/13/12)

Wisconsin companies are eager to hire skilled employees, but too many candidates are failing drug tests. The drug test failure rate at some companies is as high as 50%.

Mark Immekus, chief sales officer of QPS Employment Group, says manufacturers are seeking applicants who are less likely to pose safety risks on the job due to substance-related impairments. "We don't see (testing) going away because manufacturers are under pressure, from a safety standpoint," he says. He also notes that, from QPS' point of view, a dearth of applicants with technical skills poses a greater challenge for companies than failed drug tests.

Rock Bottom Unemployment for Some Jobs
Worcester Business Journal (04/12/12) Livia Gershon

Although the national unemployment rate remains higher than 8%, Robert Half International says unemployment rates are much lower for some professional jobs, which is indicative of a "specialist economy." The staffing firm says the unemployment rate was 1.9% for lawyers, 2.8% for human resource managers, and less than 4% for software developers and financial analysts during the first quarter.

Manufacturers Report Difficulty Hiring
Today's Energy Solutions (04/12)

The Society for Human Resource Management reports that more than two-thirds of the manufacturers that were hiring late in 2011 reported difficulty finding skilled workers for specific openings. SHRM's Ongoing Impact of the Recession Poll, which surveyed 360 randomly selected human resource professionals from the manufacturing industry in late August and early September 2011, found that 75% of respondents from the manufacturing industry were hiring last fall, an increase from 51% in 2010.

However, 68% of those hiring reported difficulty recruiting for specific job openings. The positions most difficult to fill in the manufacturing industry were positions such as technicians and programmers (89%); engineers (88%); skilled trades (electricians and carpenters) (83%); and managers and executives (80%). When recruiting for jobs that required new and different skills, more organizations were having difficulty finding qualified individuals in 2011 (72%) compared with 2010 (43%).

April 12, 2012


Headline News
U.S. Jobless Claims Increase to 380,000, Higher Than Forecast
Fed Survey Shows U.S. Growth, Hiring Improves
TrueBlue Tops Among All Companies on Forbes' 2012 'America's Most Trustworthy Companies' List
Post Falls Staffing Firm Command Center Restates Earnings for 2010, Part of 2011

ASA for You
ASAPro Webinar Today—Never Negotiate Direct Hire Fees Again
Tomorrow Is the Last Day to Register Online for the 2012 ASA Staffing Law Conference

Legal Watch
Employers Must Update Their Social Media Policies
10 Unemployment Compensation Factors That Affect Payouts
The 10 Employment Laws Every Manager Should Know
Kentucky Governor Signs Unemployment Insurance Bill

Trends and Research
Hiring Demand for Recruiters at Highest Levels in Four Years
Mid-Incomers Suffer in Polarized U.S. Job Market: Economy
Technisource and Randstad Technologies Employment Report: IT Worker Confidence Reaches Highest Level on Record


Headline News


U.S. Jobless Claims Increase to 380,000, Higher Than Forecast
Bloomberg (04/12/12) Timothy R. Homan; Alex Kowalski

More people than expected filed claims for jobless benefits last week, an indication job growth is slowing. Jobless claims rose 13,000 to 380,000, the highest since Jan. 28, according to the U.S. Department of Labor. Claims from a week earlier were revised upward to 367,000 from 357,000.

Adecco Group North America said demand for employees is rising in some fields. “We do continue to see increases in the health care and manufacturing areas,” Janette Marx, an Adecco senior vice president, said in an interview last week. “Those areas definitely have been showing some nice increases.”

Fed Survey Shows U.S. Growth, Hiring Improves
Associated Press (04/11/12) Christopher S. Rugaber

The decrease in hiring in March as reported by the U.S. Department of Labor could be temporary, according to a survey of business conditions by the U.S. Federal Reserve showing that hiring either rose or held steady across the country from mid-February through April 2. The "beige book" report indicates that the manufacturing, shipping, information technology, and professional business services sectors saw job gains. John Canally, an economist at LPL Financial, says, "I didn't see any companies say that they're scaling back sharply on hiring because demand is slowing." However, in three districts, employers said they would delay expanding their work forces until growth strengthens. Rising gas prices remain a concern for employers in most areas.
ASA: U.S. Economy Mains Steady Growth

Hiring activity across many districts was described as "steady," with many business contacts reporting difficulty finding qualified workers. Read more at americanstaffing.net.

TrueBlue Tops Among All Companies on Forbes' 2012 'America's Most Trustworthy Companies' List
TrueBlue News Release (04/11/12)

TrueBlue Inc. is at the top of the top-ranked companies in the nation for transparency, conservative accounting practices, and solid corporate governance, according to this year's 100 Most Trustworthy Companies list compiled for Forbes magazine by GMIRATINGS. TrueBlue was selected based on an independent review of 8,000 companies listed on U.S. stock exchanges. TrueBlue's average score over the past four quarters of 99 out of 100 led all companies on the list.

Post Falls Staffing Firm Command Center Restates Earnings for 2010, Part of 2011
Spokane Spokesman-Review (Washington) (04/11/12)

Command Center Inc., a Post Falls, WA-based staffing firm, plans to restate its financial statements for 2010 and 2011 due to an incorrect overstatement of prepaid insurance policy deposits, according to a Form 8-K filed with the U.S. Securities and Exchange Commission. Glenn Welstad, Command Center chairman and chief executive, says, "The restatement does not reflect any trends in Command's business or any current or prospective impact on the company's results of operations; nor does it impact compliance with our debt covenants." The restatement is expected to boost earnings per share for the third quarter of 2011 by $0.01, and the accumulated deficit for the period ended Dec. 31, 2010, will rise by $716,000.


ASA for You


ASAPro Webinar Today—Never Negotiate Direct Hire Fees Again

This afternoon at 3 p.m. Eastern time, catch the ASAPro Webinar "How to Never Negotiate Direct Hire Fees Again." Neil Lebovits of the Dynamic Sale will share a technique that will help you stop negotiating direct hire fees so you can maximize your profits.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Webinars take place 3–4 p.m. Eastern time. Register online at americanstaffing.net.
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Tomorrow Is the Last Day to Register Online for the 2012 ASA Staffing Law Conference

The ASA Staffing Law Conference April 17–18 in Washington, DC, is the only program devoted to legal and regulatory issues facing staffing firms—and tomorrow is the last day to register online. After April 12, you can register on-site at the Westin Washington, DC, City Center Hotel.

The conference features Charlie Cook, the pre-eminent authority on U.S. elections and political trends; senior-level representatives from the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, and U.S. Department of Justice; a special session to discuss the effects of federal health care reform; and more.

You can't afford to miss this opportunity to learn how to protect yourself and your business. To register, visit americanstaffing.net.
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Legal Watch


Employers Must Update Their Social Media Policies
White & Case (04/05/2012)

The National Labor Relations Act does not permit many of the provisions typically contained in social media policies, according to the second report on social media cases issued by the acting general counsel of the National Labor Relations Board earlier this year. "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," the NLRB says. Union and nonunion employees who are not "supervisors" are permitted to act collectively for their mutual aid and protection, including addressing their terms and conditions of employment, and these are the discussions that are increasingly taking place on social media.

The report notes that a policy with a "savings clause," which provides that it is not intended to interfere with employees' NLRA rights, may still be overbroad. However, the report adds that the following is a type of policy that may be valid under the NLRA: "Prohibiting use of social media to post or display comments about co-workers or supervisors or the employer that are vulgar, obscene, threatening, intimidating, harassing, or a violation of the employer's policies against unlawful discrimination or harassment."
Social Media Policy for ASA Members

Law firm Seyfarth Shaw LLP has provided an updated sample social media policy for ASA members at americanstaffing.net. This policy is not intended as legal advice, and staffing firms should review and, as warranted, modify the policy upon the advice of their legal counsel to ensure compliance with the law.

10 Unemployment Compensation Factors That Affect Payouts
Business Management Daily (04/03/12)

How much a company pays for unemployment insurance is partially based on how many former employees successfully file claims against it. Therefore, companies must understand the unemployment laws in each state in which they operate. They should also be aware that employees can quit and still collect unemployment. If an employee resigns because the employer changed working hours or locations, state officials may deem the termination an "employer-caused discharge" and approve benefits. Underperforming workers fired for chronic tardiness or missing deadlines could successfully argue that they did their best and did not try to let down the firm. Unless the employer can prove the worker was intentionally doing a bad job, the worker will likely be eligible for benefits. Ideally, termination should be based on something other than "poor performance," such as "deliberate and willful misconduct." Employers need to document that they tried to retain the worker by offering counseling and issuing warnings.

The 10 Employment Laws Every Manager Should Know
Business Management Daily (04/04/12)

Federal class-action lawsuits brought under the Fair Labor Standards Act outnumber all other types of private class-action suits in employment-related cases. The FLSA sets the federal minimum wage and requires time-and-a-half overtime pay for hourly employees who work more than 40 hours in a week.

Companies need to be familiar with additional federal legislation, including Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace and from discriminating in hiring, firing, or pay based on a person’s race, religion, gender, or national origin. The Americans With Disabilities Act prohibits job discrimination against qualified people with disabilities. Therefore, companies should never immediately reject disabled applicants but instead should work with human resource personnel to help create reasonable accommodations for disabled employees.

The Family and Medical Leave Act says employees with at least a year of service can take up to 12 weeks per year of unpaid, job-protected time off for the birth or adoption of a child or to care for themselves or a sick child, spouse, or parent who has a "serious" health condition. The FMLA applies to organizations with 50 or more employees. The Age Discrimination in Employment Act says employers cannot discriminate against applicants or employees older than 40 because of their age. This means that companies should never take a person’s age or proximity to retirement into account when making decisions on hiring, firing, pay, benefits, or promotions.

Kentucky Governor Signs Unemployment Insurance Bill
Associated Press (04/11/12) Randy Patrick

A bill signed into law by Kentucky Gov. Steve Beshear on April 11 aims to save the state's employers millions of dollars in higher federal unemployment insurance taxes by allowing the state to issue revenue bonds to make interest payments on $963 million in federal loans used to operate the state's unemployment insurance program during the recession. A $21-per-employee surcharge will be imposed on employers starting in 2014 to cover the first three years of interest payments at $79 million, as well as to cover future interest on the debt. A $600 million federal tax credit for employers would have been lost if the state could not make the interest payments on the Sept. 30 due date, and the federal unemployment insurance tax paid by employers would have surged to $420 per employee from $63.


Trends and Research


Hiring Demand for Recruiters at Highest Levels in Four Years
Wanted Analytics (04/11/12) Abby Lombardi

Wanted Analytics says job ads for recruiters reached a four-year high of 6,900 in March, up 34% from March 2011. Corporate employers accounted for 56% of the ads, while staffing firms and third-party recruitment agencies made up 44%. New York, Chicago, Dallas, Boston, and Philadelphia had the most job ads for recruiters, with Philadelphia posting a more than 78% increase from March 2011.

Mid-Incomers Suffer in Polarized U.S. Job Market: Economy
Bloomberg (04/11/12) Alex Kowalski

U.S. workers in the top and lower income brackets are benefiting more from the economic recovery than are those in the middle, according to economists at Wells Fargo & Co. and JPMorgan Chase. The highest-paying jobs, which employ approximately 15% of all workers, have accounted for 20% of the job gains since the recovery began, while lower-paying jobs have accounted for 46% of job gains in the same period. Technology has allowed companies to replace middle-income "routine labor" jobs, such as bank tellers.

"Companies have been driving, and continue to drive, for increased productivity, to do more with less, and the tool to do that is technology improvement,” says Jonas Prising, president of Americas for Manpower Inc. “What are getting squeezed are the well-paying jobs with lower-skill levels that used to give a middle-class income.”

Technisource and Randstad Technologies Employment Report: IT Worker Confidence Reaches Highest Level on Record
Randstad News Release (04/11/12)

The IT Employee Confidence Index reached 58.8 in the first quarter of 2012—its highest level seen since the fourth quarter of 2005. This surge in confidence is also 6.8 points higher than what was recorded in the fourth quarter of 2011, according to a recent online survey conducted by Harris Interactive on behalf of Technisource and Randstad Technologies. The number of technology workers indicating that the economy is getting stronger nearly doubled in the first quarter of 2012—leading to the highest confidence ratings in the history of the survey. In addition, 20% more IT workers reported in the first quarter that they were confident in their ability to find a new job, and 41% indicated a likelihood to proactively seek new employment within the next year.

April 11, 2012


Headline News
Temporary Employment Hiring Is Improving
U.S. Metropolitan Area Employment Report for February
New Orleans Health Care Staffing Company Acquires Oklahoma Firm

ASA for You
ASAPro Webinar Tomorrow—Never Negotiate Direct Hire Fees Again
Protect Your Business With Free Resources From ASA

Legal Watch
Maryland Bill Preventing Employers From Asking for Social Media Passwords Has Passed
Chamber Wants Review of EEOC Background Check Guidance

Trends and Research
Staffing Revenue Rising Faster Than Expected in 2012
Business Executives Cheerier on Economy, Hiring—Chase Survey
Small Businesses Are Less Upbeat, But Jobs Are Open
Boston High Tech Job Openings Increase 18%


Headline News


Temporary Employment Hiring Is Improving
Daily Markets (04/10/12) Mark Perry

The American Staffing Association's weekly Staffing Index of temporary and contract employment increased to a year-to-date high of 90 for the week ending April 1, nearly 6% above the year-ago level and 0.74% above the previous week. This was the highest week 14 reading since 2008, and just a bit below the 91 index level for the comparable week in 2007. The upward trend in the ASA Staffing Index this year and the upward trend in temporary employment for the last two years suggest that conditions in the labor market will continue to improve.

U.S. Metropolitan Area Employment Report for February
Bloomberg (04/10/12)

The U.S. metropolitan area employment report for February by the U.S. Bureau of Labor Statistics indicates that in the 372 metropolitan areas covered, unemployment rates decreased year-over-year in 344, rose in 19, and held steady in nine. The number of metropolitan areas with jobless rates of 10% or more fell to 77 from 137 in February 2011, and the number of metropolitan areas with unemployment rates under 7% climbed to 90 from 54. The highest jobless rates were recorded in El Centro, CA, and Yuma, AZ, while the lowest rates were posted in Bismarck, ND, and Midland, TX. Meanwhile, nonfarm payroll employment rose year-over-year in 267 metropolitan areas.

New Orleans Health Care Staffing Company Acquires Oklahoma Firm
New Orleans Times-Picayune (04/10/12) Jaquetta White

In an $18 million deal, New Orleans-based health care staffing firm Gifted Nurses has acquired Oklahoma-based Robison Medical Group. The merged company will provide staff for intensive care units, operating rooms, and emergency rooms, along with traveling nurses, throughout Louisiana, Mississippi, and Oklahoma. P.K. Scheerle, chief executive of Gifted Nurses, says, "Merging with Robison introduces new talent to our already extraordinary pool."


ASA for You


ASAPro Webinar Tomorrow—Never Negotiate Direct Hire Fees Again

Tomorrow afternoon, don't miss the ASAPro Webinar "How to Never Negotiate Direct Hire Fees Again." Neil Lebovits of the Dynamic Sale will share a technique that will help you stop negotiating direct hire fees so you can maximize your profits.

And mark your calendar for the April 24 Webinar "Recruiting in the Cloud."

All ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Webinars take place 3–4 p.m. Eastern time. Register online at americanstaffing.net.
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Protect Your Business With Free Resources From ASA

Turning to an employment law attorney every time you have a question can be impractical and costly. But your firm needs information from experts who know the staffing industry and understand your business. As an ASA member, your company has access to legal and legislative resources that help protect your business.

Working with seasoned experts in business and labor law, ASA has developed specialized tools for staffing firms—such as model contracts, issue papers about critical business and employment topics, guidance on staffing-specific employment law, and information about pending legislation.

Many of these legal resources are available on americanstaffing.net. You can also view the ASA Staffing Professional Catalog for information on materials designed to enhance your understanding of employment law. And you can contact the ASA legal department at 703-253-2020 for the support you need.
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Legal Watch


Maryland Bill Preventing Employers From Asking for Social Media Passwords Has Passed
Baltimore Sun (04/10/12) Kevin Rector

A bill passed by the Maryland General Assembly and awaiting Gov. Martin O'Malley's signature would bar employers from asking current and prospective employees for social media user names and passwords. Maryland is the first state to pass such legislation, but similar bills are under consideration in Illinois and California. Social media privacy issues have garnered attention from federal lawmakers, with U.S. Sens. Chuck Schumer (D-NY) and Richard Blumenthal (D-CT) calling for investigations by the U.S. Department of Justice and the U.S. Equal Employment Opportunity Commission.

Chamber Wants Review of EEOC Background Check Guidance
Law360 (04/04/12) Abigail Rubenstein

The U.S. Chamber of Commerce wants the U.S. Office of Management and Budget to make it mandatory for the U.S. Equal Employment Opportunity Commission to seek public comment before issuing any new guidance. In a letter to the OMB, the chamber said the EEOC is planning to issue two guidance documents that both relate to "interaction of disparate impact" under Title VII of the Civil Rights Act of 1964. One of the documents is about employer use of credit history, and the other is about employer use of criminal convictions. "By all accounts, the EEOC is now preparing to approve these significant guidance documents without making them available for public comments and without seeking review by the OMB," the letter claims.

The chamber says its members are worried that the guidance could eliminate or limit the use of the two tools used by employers when making hiring and other decisions. The letter also says the guidance might not interpret Title VII in a balanced way, so a pre-adoption comment period would help control the more controversial aspects of the guidance. Attorneys assert that the EEOC's upcoming guidance may make employers more vulnerable to discrimination claims over their use of background checks.


Trends and Research


Staffing Revenue Rising Faster Than Expected in 2012
Workforce (04/10/12)

U.S. temporary staffing revenue increased 14% last year, with growth higher than anticipated for this point in the business cycle, according to Staffing Industry Analysts. "In a year marked by modest GDP [gross domestic product] growth of 1.7%, the strong growth in temporary staffing revenue in 2011 is further evidence of a secular shift in demand above the expansion predicted by GDP growth, based upon the trend of the past 16 years," says SIA research associate Timothy Landhuis. "We project that U.S. staffing industry revenue will expand by 10% in 2012."
ASA Survey Also Shows Strong Staffing Revenue Growth in 2011

Staffing Today reported March 6 that U.S. temporary and contract staffing revenue grew 12.4% in 2011 over 2010, according to the ASA Quarterly Employment and Sales Survey. The ASA survey also showed staffing job growth of 8% in 2011, averaging 2.8 million temporary and contract employees per day. Beginning with the survey for the first quarter of 2012, ASA will start collecting sales data by sector—details will be announced this month in Staffing Today. Meanwhile, visit americanstaffing.net to see the survey methodology, more than 20 years of data, and 2011 results.

Business Executives Cheerier on Economy, Hiring—Chase Survey
Wall Street Journal (04/10/12)

Fifty-five percent of the executives recently surveyed by Chase Commercial Banking plan to hire additional employees this year. Just 4% said they intend to cut jobs. Some 49% of the executives said they are optimistic about the U.S. economy, up from 39% last year. Chase surveyed executives at 1,000 U.S. companies with annual revenues between $10 million and $500 million.

Small Businesses Are Less Upbeat, But Jobs Are Open
Wall Street Journal (04/10/12) Eric Morath

Higher energy prices are pressuring small businesses, and many plan to begin charging more for goods and services. The National Federation of Independent Business small-business optimism index declined to 92.5 for March from 94.3 in February. But a separate report from the U.S. Department of Labor found the number of job openings across the country at the end of February—3.5 million—was unchanged from January.

Boston High Tech Job Openings Increase 18%
Boston Business Journal (04/10/12) Joe Halpern

The Boston market saw an 18% increase in the number of technology job openings at the beginning of April compared with a year earlier, according to a survey by Dice Inc. Boston, the sixth largest technology market in the U.S., saw the largest percentage increase of tech job openings among the top tech markets. The New York and New Jersey market, the biggest technology market in the country, saw a 3% decline in job postings. Technology consulting added more than 70,000 jobs in 2011 and 16,000 in the first quarter of 2012, according to the U.S. Bureau of Labor Statistics.

April 10, 2012


Headline News
Staffing Shares Mixed After Slow Jobs Growth
Skilled-Worker Visas See a Surge in Demand
After Six Months of Increases, Small-Business Optimism Drops for Main Street
Raising the Floor on Pay

ASA for You
One Week to the ASA Staffing Law Conference
Showcase Your Membership With the ASA Logo and Graphics

Legal Watch
USCIS Releases Lists of Employers Enrolled in E-Verify Program
ICE Is Back With a Brand New Mission

Trends and Research
ETI Declines Slightly in March
Randstad Healthcare Employment Report
Business Exclusive: Uptick in Temporary Jobs Good Indicator of Hiring Rebound
Five Reasons the U.S. Hiring Slowdown in March Might Signal a Weakening Job Market
Will Strong Car Sales Bring More Hiring by Auto Manufacturers?


Headline News


Staffing Shares Mixed After Slow Jobs Growth
Reuters (04/09/12) Lynn Adler

After the release of the March jobs report, indicating the lowest level of hiring since October, shares of several staffing firms fell on April 9. ManpowerGroup's shares were down 2.6%, while Robert Half International fell 3.1%, Kelly Services dipped 1.7%, and TrueBlue Inc. declined 3%. However, shares rose 1.4% for Hudson Highland, 1.2% for Adecco, 2.7% for Randstad, and 0.9% for Michael Page. Jeff Joerres, chief executive of ManpowerGroup, says, "The trend we've seen over the last three or four months continues, which is a slow, kind of trudging, clawing out of the hole that we've been in. For the second half, we expect more of the same—slow, having some spurts of better months than not."

J.P. Morgan analysts reported on April 9 that flexible staffing as a percentage of nonfarm payrolls reached 1.87% last month, up from 1.75% in July 2011 and 1.34% in June 2009, noting, "In our view, penetration will continue to increase as the memory of the Great Recession continues to spur businesses to look to flex staffing as a source of agility." Most of the new jobs are in accounting, finance, and information technology, according to Joanie Ruge, chief employment analyst at Randstad Holding U.S., and many of them are long-term projects that could lead to permanent employment.

Skilled-Worker Visas See a Surge in Demand
Wall Street Journal (04/09/12) Miriam Jordan

In a development that may signal that the economy is improving, U.S. Citizenship and Immigration Service says it has seen a sharp increase in petitions for H-1B visas this year. USCIS has received 25,600 petitions for the visas since April 2, almost twice as many as it received for the entire first month of last year's application period. Some 17,400 of the petitions received in the first week were in the general category of skilled workers, while 8,200 were in the advanced category, for workers with an advanced degree. The increase in visa applications reflects an increase in activity for related businesses such as technology companies.

After Six Months of Increases, Small-Business Optimism Drops for Main Street
NFIB Small-Business News (04/10/12)

The National Federation of Independent Business' Small-Business Optimism Index dropped nearly two points to 92.5 in March, with nine of 10 index components—including hiring—posting declines. However, the job creation component of the index was the one bright spot, with 10% of small-business owners surveyed adding 3.1 workers per firm on average during the past few months on a seasonally adjusted basis. About 44% of respondents hired or attempted to hire workers, but 32% said there were few or no qualified applicants. Although actual hiring figures indicated that March was the best job creation month in a year, there are concerns about weakness in the job market given that the percentage of owners with hard-to-fill job openings and those expecting to boost the number of employees decreased.

Raising the Floor on Pay
New York Times (04/09/12) Steven Greenhouse

Pressure to boost the minimum wage is rising as the economy recovers at a slow pace and income inequality becomes a focus of the presidential campaign. The federal minimum wage rose to $7.25 per hour in July 2009, but lawmakers in New York, New Jersey, Connecticut, Illinois, Massachusetts, and other states are taking steps to raise it even higher. Washington currently has the highest minimum wage of $9.04 per hour, but in Massachusetts, a measure was approved by the joint committee on labor to boost the minimum wage to $10 per hour. Meanwhile, some labor groups are pushing for U.S. Senate Labor Committee chairman Tom Harkin (D-IA) to lead a charge to boost the federal minimum wage to $9.80 per hour over the next two years.


ASA for You


One Week to the ASA Staffing Law Conference

The ASA Staffing Law Conference, a program devoted to legal and regulatory issues facing staffing firms, is next week: April 17–18 in Washington, DC.

You can't afford to miss this opportunity to learn how to protect yourself and your business. The conference features Charlie Cook, the pre-eminent authority on U.S. elections and political trends; senior-level representatives from the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, and U.S. Department of Justice; a special session to discuss the effects of federal health care reform; and more.

To register, visit americanstaffing.net.
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Showcase Your Membership With the ASA Logo and Graphics

Market research shows that clients recognize membership in ASA as an indicator of excellence. By displaying the ASA member logo, you promote your membership and show your commitment to legal, ethical, and professional practices. Use the ASA member logo on your Web site, stationery, and business cards, and in your ads and brochures.

The ASA member logo kit makes it easy. The logo kit includes an assortment of member logos in both color and black and white, which are available for download in multiple formats at americanstaffing.net. Additional graphics are also available to showcase your Certified Staffing Professional™ or Technical Services Certified™ credentials, and help promote Staffing World® or National Staffing Employee Week.
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Legal Watch


USCIS Releases Lists of Employers Enrolled in E-Verify Program
National Law Review (04/02/12) Dawn Lurie

U.S. Citizenship and Immigration Services has released lists of the more than 345,000 companies enrolled in E-Verify, the federal government's electronic employment eligibility program. USCIS has also offered some caveats to be considered when searching the lists. The lists only include companies and federal contractors that have reported their company has five or more employees. Not all of a company's business locations may be listed. The lists will be updated quarterly.

ICE Is Back With a Brand New Mission
Lexology (04/02/12) Dustin J. O'Quinn

In-depth audits by U.S. Immigration and Customs Enforcement can be triggered by "no match" letters issued by the U.S. Social Security Administration. No match letters inform companies that their wage documentation is inconsistent with SSA information. A summary of ICE's increased enforcement and investigative activities can be found here.


Trends and Research


ETI Declines Slightly in March
The Conference Board News Release (04/09/12)

The Conference Board Employment Trends Index decreased 0.18% in March to 107.28, down from the revised figure of 107.47 in February. The March figure is up 5.2% from the same month a year ago. March’s decline in the ETI was driven by negative contributions from three of the eight components—the percentage of firms with positions they are not able to fill right now, percentage of respondents who say they find "jobs hard to get," and number of employees hired by the temporary help industry.

Randstad Healthcare Employment Report
Randstad News Release (04/09/12)

The Randstad Healthcare Employee Confidence Index was 58.4 in the first quarter of 2012, according to a recent online survey. Eighteen percent of survey respondents report that more jobs are available, but 47% of health care workers believe there are fewer opportunities available. Fifty-eight percent of health care workers are confident they could find a job, and 66% feel confident about the financial health of their company.

Business Exclusive: Uptick in Temporary Jobs Good Indicator of Hiring Rebound
Fort Myers News-Press (Florida) (04/08/12)

U.S. staffing companies were responsible for employing approximately 2.8 million temporary and contract workers per day in 2011, an 8% increase from a year earlier, according to the American Staffing Association. Staffing companies in Florida are seeing a modest uptick in demand for their services. “Health care has been the steady Eddie sector. But we’re seeing demand start to come back in construction and real estate,” says Jamie Conley, Fort Myers-based regional vice president for Robert Half International. He says the “purely temporary” positions are growing more quickly than the “temporary to permanent” positions being offered in Southwest Florida.

Five Reasons the U.S. Hiring Slowdown in March Might Signal a Weakening Job Market
Bloomberg BusinessWeek (04/09/12) Paul Wiseman

Although economists attributed the drop in hiring in March to unseasonably warm weather in January and February that prompted construction firms and other employers to hire workers earlier than they would have otherwise, some observers believe there are reasons to be concerned about the job market. They believe economic growth is not strong enough to sustain the average 246,000 jobs added per month from December to February, with a 2.5% anticipated economic growth rate only able to sustain the addition of 140,000 jobs per month. They also worry about rising gas prices and the fact that workers' hours are being cut and that incomes are not keeping up with inflation. Furthermore, they point out that millions of Americans have stopped looking for jobs and that the economy still has not recovered all of the jobs lost since the recession. Around 8.8 million jobs were lost between January 2008 and February 2010, but just 3.6 million jobs have been regained since then.

Will Strong Car Sales Bring More Hiring by Auto Manufacturers?
Wanted Analytics (04/09/12) Abby Lombardi

Despite recent strong automobile sales, hiring in the auto manufacturing sector was down 13% in the first quarter of 2012 compared with a year earlier. However, hiring demand in the Detroit metro area has doubled during the last three months compared with 2011. Demand for production workers has risen 46% over the past year, while demand for technology workers has declined 3%—although the volume of job ads for electrical engineers has risen about 20%.

April 9, 2012


Headline News
U.S. Employment Growth Seen Rebounding From Slump
Fed Economists Disagree Over Construction Jobs' Lesson on Economy

ASA for You
ASAPro Webinar Thursday—Never Negotiate Direct Hire Fees Again

Legal Watch
Workplace Pregnancy Discrimination Cases on the Rise
Reinstatements Can Be Denied Following Family and Medical Leave Act, Oklahoma City Law Expert Says

Trends and Research
Is Wall Street Ready to Hire Again?
Federal Funds to Train the Jobless Are Drying Up


Headline News


U.S. Employment Growth Seen Rebounding From Slump
Bloomberg (04/09/12) Timothy R. Homan; Carlos Torres

Economists from JPMorgan Chase & Co. and Deutsche Bank Securities Inc. believe hiring should pick up from the pace of 120,000 new jobs in March as the economy is now better able to handle rising fuel costs and the economic downturn in Europe. They do not expect a repeat of the last two years, which started off promising but experienced some setbacks when government debt, energy costs, and natural disasters generated concerns. Bruce Kasman, chief economist at JPMorgan, believes gains in revenue will surpass a slight jump in wages, giving employers an incentive to bolster hiring.

Janette Marx, senior vice president at the Melville, NY-based division of Adecco SA, says clients and customers are growing more confident. "We're seeing a lot of people convert from temporary positions to full-time positions across a lot of industries. The acceleration really stepped up in the second half of the first quarter," she says.

Fed Economists Disagree Over Construction Jobs' Lesson on Economy
Washington Post (04/06/12) Peter Whoriskey

The housing market collapse left 1.4 million construction workers without jobs, pushing the unemployment rate in the construction industry above 17%. However, U.S. Federal Reserve economists disagree as to whether unemployed construction workers are worse off than others who lost their jobs during the economic downturn. Two economists at the Federal Reserve Bank of New York, Richard Crump and Aysegul Sahin, do not believe construction workers are "experiencing relatively worse labor market outcomes," contrary to the opinion of two economists at the Federal Reserve Bank of Atlanta, Pedro Silos and Lei Fang.

The construction industry is the focus of a debate about how to handle unemployment, with one side insisting economic shifts have resulted in a mismatch between the skills possessed by workers and the skills needed by the economy. This means there are too many people right now with construction skills who are unprepared to enter other professions, and stimulating the economy with monetary policy or government spending will not improve the situation. This viewpoint is in contrast to those who believe the economy needs to be stimulated through government policy to reduce unemployment rates and that following every recession, the economy and workers make adjustments. These economists believe that unemployment in the construction industry, for instance, would decline if more money was spent on infrastructure projects.


ASA for You


ASAPro Webinar Thursday—Never Negotiate Direct Hire Fees Again

This Thursday, April 12, don't miss the ASAPro Webinar "How to Never Negotiate Direct Hire Fees Again." Neil Lebovits of the Dynamic Sale will share a technique that will help you stop negotiating direct hire fees so you can maximize your profits.

And mark your calendar for the April 24 Webinar "Recruiting in the Cloud."

All ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Webinars take place 3–4 p.m. Eastern time. Register online at americanstaffing.net.
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Legal Watch


Workplace Pregnancy Discrimination Cases on the Rise
Washington Post (04/08/12) Vickie Elmer

In fiscal 2011, women filed 5,797 complaints with the U.S. Equal Employment Opportunity Commission alleging pregnancy discrimination at work or in hiring, a 23% increase from fiscal 2005. In particular, many women in low-paying jobs face pregnancy discrimination. Ten percent of the 268 pregnancy-related lawsuits brought by the EEOC in the past 10 years involved unlawful failure to hire.

Reinstatements Can Be Denied Following Family and Medical Leave Act, Oklahoma City Law Expert Says
Oklahoman (04/06/12)

Under the Family and Medical Leave Act, most employees who qualify for leave are entitled to return to their jobs once their doctor gives his or her approval. However, there are some instances when a company doesn't have to reinstate an employee. For example, a company doesn't have to reinstate an employee if the person gave unequivocal notice of their intention not to return to work while they were on leave. Neither is a company obligated to reinstate an employee if the employee is incapable of performing the essential functions of their old job.


Trends and Research


Is Wall Street Ready to Hire Again?
Wanted Analytics (04/06/12) Abby Lombardi

Job ads for positions in New York City's financial sector totaled 4,400 during the past 90 days, up 16% from the same period a year ago. The 10 most commonly advertised jobs on Wall Street are sales agents, financial services; loan officers; management analysts; financial analysts; accountants; personal financial advisors; financial examiners; auditors; sales agents, securities and commodities; and insurance adjusters, examiners, and investigators.

Federal Funds to Train the Jobless Are Drying Up
New York Times (04/09/12) Motoko Rich

As federal funds for work force training dry up, some companies are finding they can't find enough qualified workers. Atlas Van Lines, for example, recently wanted to hire more than 100 truck drivers, but the local government-financed job center in Louisville, KY, the company turned to for help was unable to accommodate the company. The center's funds designated to help train new drivers were depleted, and the people interested in the jobs could not afford the $4,000 classes to obtain commercial driver's licenses.

April 6, 2012

BLS: Staffing Employment Little Changed in March


Seasonally adjusted employment data released this morning by the U.S. Bureau of Labor Statistics indicated that staffing industry employment dipped slightly, shedding 7,500 jobs (down 0.3%) from February to March. In a year-to-year comparison, temporary help employment for the month was 8.0% higher than in March 2011.

U.S. nonfarm payroll employment in March grew at about half the rate of that noted in February, adding 120,000 new jobs to the economy. Most of the employment growth continued to be driven by new job creation in the private sector.

“For the most part, staffing firms continued to see healthy demand in March, as was reflected by the nonseasonally adjusted BLS employment numbers,” says Richard Wahlquist, president and chief executive officer of the American Staffing Association. “In the current environment, businesses are understandably cautious about when and how to add additional flexible and permanent staff.”

Nonseasonally adjusted BLS data, which estimate the actual number of jobs in the economy, indicated that the staffing industry added 29,400 jobs (up 1.2%) from February to March. On a year-to-year basis, there were 8.5% more staffing employees in March compared with the same month in 2011.
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Headline News
U.S. Hiring Slows in March as Employers Add Just 120K Jobs, Unemployment Rate Dips to 8.2%
Nearly 8,000 Wisconsinites to Lose Extended Jobless Benefits

ASA for You
Conduct a Successful Site Visit With Free Resources From ASA

Legal Watch
How to Handle the New ADA Landscape
When Making Reference-Check Calls, Take and Retain Good Notes

Trends and Research
Monster Employment Index U.S. Holds Steady in March
NFIB Jobs Survey Shows Mixed Signals
After Increased Hiring, the Travel Industry Is Ready for Your Summer Vacation


Headline News


U.S. Hiring Slows in March as Employers Add Just 120K Jobs, Unemployment Rate Dips to 8.2%
Associated Press (04/06/12)

The U.S. economy added 120,000 jobs in March, marking the smallest increase in five months, the government reported this morning. The number of jobs created last month fell well below expectations and failed to break the 200,000 level for the first time since December. The unemployment rate dipped to 8.2%, but mostly because more Americans stopped looking for work. Though the economy has added 858,000 jobs since December—the best four months of hiring in two years—the mixed report was a disappointment after three months of solid job growth.

Nearly 8,000 Wisconsinites to Lose Extended Jobless Benefits
Milwaukee Journal Sentinel (04/05/12) John Schmid

Wisconsin does not meet the federally required threshold for long-term unemployment benefits, because its unemployment rate fell to 6.9% in February. As a result, 7,761 state residents will lose their extended jobless benefits on April 7, and the maximum number of weeks that unemployed residents can claim benefits will drop from 86 to 73. The National Employment Law Project says Wisconsin will fall another tier on June 1 if its unemployment rate remains under 7%, meaning that benefits can be claimed for only 60 weeks. Kansas, Kentucky, Massachusetts, Missouri, Ohio, Oregon, South Carolina, and Tennessee also will lose extended benefits, according to NELP.


ASA for You


Conduct a Successful Site Visit With Free Resources From ASA

Hosting a site tour for legislators; local, state, or federal government officials; or local reporters provides an unmatched opportunity to educate public policy makers and journalists about the staffing industry and the role your business plays in the community. A hands-on experience is a powerful way to make a positive impression.

A good site tour takes careful planning. That’s why ASA created a guide to hosting site tours for influentials. Part of the public relations 101 section of the industry marketing tool kit, the guide is free to members. This resource is designed to help you put your best foot forward and keep your public image polished.

Download the guide to hosting site tours for influentials at americanstaffing.net.
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Legal Watch


How to Handle the New ADA Landscape
Texas Lawyer (04/02/12) Michael P. Maslanka

Attorneys are just beginning to feel the effects of amendments to the Americans With Disabilities Act that went into effect in 2009 and U.S. Equal Employment Opportunity Commission regulations that went into effect last year. The ADA amendments ordered the courts to interpret the law's language on "substantial limitation" in a pro-employee manner, expanding the number of life activities covered by the law to include everything from cell growth to communication. Experts say this means that lawsuits that once were regularly dismissed are making their way to juries, so that someone who claimed morbid obesity as a disability, for instance, will pass the summary judgment phase if it impacts his or her ability to walk, and under EEOC regulations that interpret the amendments, cancer is considered a covered disability. Lifting and bending are now deemed major life activities, so a painful back condition is considered a "substantial limitation."

Managers should be trained to recognize that conditions that may not seem to be disabilities could be interpreted by the courts as such. They also should understand that employers generally win cases in which a worker with a disability is not otherwise qualified for the job, meaning that if they cannot be at work the required number of hours per week, no reasonable accommodation will change that. However, employers are obligated under law to reasonably accommodate workers with disabilities, interacting with them to develop a reasonable accommodation.

Get the Latest Legal Lowdown at the Staffing Law Conference

The 2012 ASA Staffing Law Conference takes place April 17–18 in Washington, DC. Don't miss this opportunity to learn how to protect yourself and your business in the often complicated legal landscape affecting the staffing industry. Learn more and register at americanstaffing.net.

When Making Reference-Check Calls, Take and Retain Good Notes
Business Management Daily (04/04/12)

When employers check applicants' references, they must be sure to take careful notes during those discussions and retain those notes in case there is litigation. The recent case of Romero v. State of North Carolina highlights that need. After Janet Romero, who is white, applied and was rejected for two internal promotions, she sued for race discrimination after two African-American women were selected for the openings.

The supervisor explained to the court that when a choice between candidates was close, he checked their references. Romero's ex-boss explained that he had reservations about her communication skills, a key part of the new job. As the supervisor's notes showed, the other two candidates' supervisors rated both of them highly, offering no reservations about communication skills. The court said that even if Romero met the other requirements, she was not the best qualified based on her supervisor's assessment, and that was a legitimate reason for passing her over.

ASA-Certified Professionals Have Legal Know-How

Staffing professionals who earn ASA certification gain valuable industry legal expertise and credibility that can help protect staffing companies, their temporary employees, and their clients from legal missteps. Learn more at americanstaffing.net.



Trends and Research


Monster Employment Index U.S. Holds Steady in March
Monster Worldwide Inc. News Release (04/06/12)

The Monster Employment Index U.S. shows annual growth of 5% in March, an eased pace from the 11% annual growth recorded in February. The index held steady from February levels on a monthly basis. Commerce activity continues to maintain steady momentum with transportation and warehousing, retail, and wholesale trade recording solid annual growth rates. Public administration remains the weakest trending sector in the index, dropping 16% on an annual basis. All metro markets tracked by the index continue to exhibit positive annual growth.

NFIB Jobs Survey Shows Mixed Signals
NFIB News Release (04/05/12)

Small businesses created the most jobs in March in about a year, according to a National Federation of Independent Business survey released on April 5. The survey of 757 small businesses found that the average number of workers per firm increased by 0.2 workers—the highest since January and February 2011—after being flat in February. However, prospects for the labor market dimmed somewhat, with 15% of respondents reporting unfilled job openings last month, down two points from February. The share of businesses planning to add new workers fell for a fourth straight month.

After Increased Hiring, the Travel Industry Is Ready for Your Summer Vacation
Wanted Analytics (04/05/12) Abby Lombardi

During the past two months, travel agencies, hotels, casinos, airlines, and other travel-related businesses have advertised more than 24,000 jobs online, a 22% increase from a year earlier. Hotels posted 18,000 of the ads, followed by travel agencies and casino hotels. The most in-demand occupations are hotel, motel, and resort desk clerks; maids and housekeeping cleaners; first-line supervisors or managers of food preparation and serving workers; waiters and waitresses; and restaurant cooks. The Washington, DC, metro area saw the highest volume of jobs in the industry, followed by the New York metro area and the Las Vegas metro area.

April 5, 2012


Headline News
Jobless Claims in U.S. Fell to Lowest Level in Four Years
U.S. Service Firms Grow at Steady Pace, Boost Hiring
Older Workers Capture More New Jobs

Legal Watch
Most Alabama Businesses Miss Immigration E-Verify Goal
The Misclassification Risks of Hiring Independent Contractors

Trends and Research
Hiring Outlook for the Second Quarter Similar to Pre-Recession, CareerBuilder's Survey Finds
Hiring at U.S. Workplaces Jumps in March
IT Salaries: 10 Cities Where IT Professionals Earn the Most

ASA for You
Attend the ASA Staffing Law Conference, Earn Legal Continuing Education
ASAPro Webinar Next Week—Never Negotiate Direct Hire Fees Again

Headline News


Jobless Claims in U.S. Fell to Lowest Level in Four Years
Bloomberg (04/05/12) Lorraine Woellert

The number of Americans who filed requests for jobless benefits fell by 6,000 last week to 357,000, the U.S. Department of Labor reported today. The median forecast of 43 economists in a Bloomberg News survey estimated a decrease to 355,000. The four-week moving average decreased to 361,750 last week, from 366,000. "The labor market is going to continue to gradually heal, though we have a long ways to go," says Ryan Sweet, a senior economist at Moody's Analytics Inc. "The economy is pulling up pretty well given the headwinds we're seeing from Europe."

U.S. Service Firms Grow at Steady Pace, Boost Hiring
Associated Press (04/04/12) Christopher Rugaber

U.S. service companies stepped up hiring in March and continued to expand at a solid pace. The Institute for Supply Management reported on April 4 that its index of nonmanufacturing activity dropped to 56 in March, down from February's 57.3, which was a 12-month high. Economists say the slight decline is not troubling because the reading is still at a healthy level that points to growth.

"The (ISM) survey still suggests that domestic demand is contributing more to the recovery," says Paul Dales, an economist at Capital Economics. "This survey is still consistent with some decent rates of economic growth." Sixteen of the 18 industries tracked by the survey reported growth. Greater spending "reflects the increased confidence level of businesses and consumers," says Anthony Nieves, chairman of the ISM's services committee.

Older Workers Capture More New Jobs
USA Today (04/05/12) Paul Davison

Older workers are gaining an outsized share of job gains in the economic recovery as they put off retirement. In February, employment for workers 55 and older rose by 277,000 from January, or 65% of the total 428,000 gains, according to the U.S. Department of Labor's household survey. Since the start of the recession in December 2007, employment for those 55 and older is up by 3.9 million, even as total payrolls have fallen by 4.2 million. Dean Maki, chief U.S. economist for Barclays Capital, notes that more-experienced employees are often more productive and earn higher salaries, generating economic growth that itself yields additional jobs.


Legal Watch


Most Alabama Businesses Miss Immigration E-Verify Goal
Associated Press (04/04/12)

Although some calculations indicate that nearly 369,000 companies do business in Alabama, U.S. Citizenship and Immigration Services says just 18,137 were enrolled in the E-Verify system as of April 2, meaning thousands of businesses missed the April 1 registration deadline set forth by the state's immigration law. Currently, businesses do not face penalties for failing to register, but officials say they are encouraging them to do so to provide legal protection in the event that it is determined they hired illegal immigrants, the consequences of which include the loss of their business license.

The Misclassification Risks of Hiring Independent Contractors
Corporate Counsel (03/29/12) Shannon Green

While companies see an advantage in hiring independent contractors when they are unsure of their staffing needs or their budgets are tight, they first should weigh the risks, says Emily Sanford Johnson, labor and employment attorney with United Parcel Service Inc. Johnson says that despite the flexibility, lower costs, and specialized skills associated with hiring independent contractors, employers face significant tax consequences at the state and federal levels if they misclassify these employees. She adds that employers face liability associated with overtime and minimum wage payment violations, employee benefits, pension plans, workers' compensation, and state meal and rest period laws, among other things. The U.S. Department of Labor, along with states, is cracking down on worker misclassification.

Johnson says employers could be scrutinized when they file unemployment or workers' compensation claims with the state or when employees shift from W2 status to 1099 status in the same year at the same company. Johnson adds that to avoid charges of misclassification, companies should not tightly control how the independent contractor does his or her job, pay worker per project rather than hourly or via salary, and stipulate that failing to complete the project as per the agreement will result in consequences. "If they are going to get paid regardless, it looks more like they're an employee," she says.


Trends and Research


Hiring Outlook for the Second Quarter Similar to Pre-Recession, CareerBuilder's Survey Finds
PRNewswire (04/05/12)

Hiring plans in the U.S. are getting back to prerecession levels, according to ASA corporate partner CareerBuilder's latest nationwide survey. One-third of employers added full-time, permanent employees in the first quarter of this year, on par with 2007 and the highest increase reported since the recession began. The momentum is expected to continue with 30% of employers planning to add new full-time, permanent staff in April through June.

"We have moved from an anemic job market to one that is stable and growing," says Matt Ferguson, chief executive officer of CareerBuilder. "While still cautious, employers are feeling better about the state of the U.S. economy and the debt situation in Europe. Forty-one percent of companies reported their sales have increased over the last six months, which is helping to fuel greater confidence in hiring."

The study also showed there is increased competition for talent among employers. Of employers that recruited for positions in the last year, 56% reported that a candidate rejected a job offer from their organization. Forty-one percent of those attributed the rejection to their inability to provide the candidate's desired salary, while 22% said they didn't offer the position quickly enough and the candidate was already hired somewhere else.

Hiring at U.S. Workplaces Jumps in March
Gallup News Service (04/04/12) Lydia Saad

Gallup's Job Creation Index rose to +18 in March, up from +14 in February. In March 35% of U.S. adult workers said their companies were hiring or expanding their work forces, while 17% said their companies were letting workers go and reducing their work forces. The percentage of companies hiring is the highest reported since September 2008. The Midwest continues to lead the rest of the nation in new hiring, followed by the South, East, and West. All four regions posted their best Job Creation index scores since the fall of 2008.

IT Salaries: 10 Cities Where IT Professionals Earn the Most
CIO (04/03/12) Meridith Levinson

Technology recruiting company CyberCoders has released a list of the top 10 cities where IT workers earn the biggest salaries. The top 10 cities are San Jose, CA, San Francisco, New York, Washington, DC, Boston, Los Angeles, Brooklyn, NY, Philadelphia, Chicago, and Dallas. Technology workers in No. 1-ranked San Jose, CA, earn an average of $119,412, while technology workers in No. 10-ranked Dallas earn an average of $94,799.


ASA for You


Attend the ASA Staffing Law Conference, Earn Legal Continuing Education

If you're a staffing professional who's earned the Certified Staffing Professional™ or Technical Services Certified™ credential, this month's ASA Staffing Law Conference provides a total of 8.25 continuing education hours—the six employment law CE hours you need to maintain your ASA certification, plus 2.25 hours that can be used toward the general CE requirement.

Staffing professionals who have earned the CSP™ and TSC™ credentials need to recertify every three years by earning 30 hours of continuing education, six of which must pertain to employment law. More than 5,000 staffing professionals have earned the CSP and TSC—to find out about certification, visit americanstaffing.net.

If you're an attorney, the Staffing Law Conference may qualify for continuing legal education. Attorneys interested in receiving CLE credit for the 2012 ASA Staffing Law Conference should contact their state bar for consideration. Upon request, ASA will provide documentation to validate participation in the conference.

The Staffing Law Conference is April 17–18 in Washington, DC. To learn more and to register, visit americanstaffing.net.
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ASAPro Webinar Next Week—Never Negotiate Direct Hire Fees Again

Next Thursday, April 12, don't miss the ASAPro Webinar "How to Never Negotiate Direct Hire Fees Again." Neil Lebovits of the Dynamic Sale will share a technique that will help you stop negotiating direct hire fees so you can maximize your profits.

And mark your calendar for the April 24 Webinar "Recruiting in the Cloud."

All ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Webinars take place 3–4 p.m. Eastern time. Register online at americanstaffing.net.
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April 4, 2012


Headline News
ADP: 209,000 Jobs Added
Kforce Announces Closing the Sale of KCR and Gives Outlook for the Firm for the Remainder of 2012 and 2013
Randstad US, Professionals Rebrands Clinical One and Locum Medical Group to Randstad Healthcare

Legal Watch
State Offers Help on Contract Work Classifications
How to Handle the Chronically Sick and Absent Employee

Trends and Research
Robert Half and FEI Release Third Annual Benchmarking Report
Companies Put Customers First and Recruit for CRM Skills
Engineers Find New Hope for Jobs in Michigan

ASA for You
Promote Your Firm With the Media Relations Guide From ASA

Headline News


ADP: 209,000 Jobs Added
Wall Street Journal (04/04/12) Kathleen Madigan

Private-sector payrolls increased 209,000 in March, led by the service-providing sector and small businesses, according to the employment report released Wednesday by payroll processor Automatic Data Processing Inc. and consultancy Macroeconomic Advisers. The gain was just above economists' median expectation of 200,000 contained in a survey done by Dow Jones Newswires. The February level was revised to a gain of 230,000 from a prior estimate of 216,000.

Kforce Announces Closing the Sale of KCR and Gives Outlook for the Firm for the Remainder of 2012 and 2013
Kforce Inc. News Release (04/03/12)

Kforce Inc. on April 3 announced the completion of the sale of all of the issued and outstanding shares of capital stock of Kforce Clinical Research Inc. for an aggregate purchase price of $50 million in cash. David Dunkel, chairman and chief executive officer at Kforce, said, "Selling this division was a logical step for us as we continue to narrow our focus, streamline our business mix, and concentrate our resources on our core service offerings."

Randstad US, Professionals Rebrands Clinical One and Locum Medical Group to Randstad Healthcare
PRNewswire (04/03/12)

Randstad US, Professionals has announced the rebranding of its professional health care companies, Clinical One and Locum Medical Group, under one unified brand, Randstad Healthcare. The combination of these two health care businesses is intended to make it easier for health care clients and providers to access a broader range of experienced talent from a single, all-inclusive source.

"As health care staffing environments continue to become more complex, organizations need to better align themselves with the evolving needs of their clients," says Steve McMahan, executive vice president of Randstad US, Professionals. "By combining our expertise, Randstad Healthcare will now provide a more seamless staffing solution that better facilitates and meets the longer-term, integrated staffing needs for sourcing, recruiting, and managing top talent. Ultimately, this combination will not only allow our recruiters to source and place highly specialized health care providers across a broader geography, but also better positions us to showcase our multiple service lines as one unified staffing partner."


Legal Watch


State Offers Help on Contract Work Classifications
Press Enterprise (California) (04/03/12) Jack Katzanek

A new worksheet issued by the California Employee Development Department aims to assist employers in categorizing employees as contract or full-time workers. The worksheet is a response to a move by many companies to reduce the number of permanent workers because of the recession, creating a "project-specific workplace" in which temporary employees are taken on for several months to complete a project. However, many employers do not meet the definition of independent contractor, and they must understand the paperwork requirements for compensating contractors. A questionnaire in the worksheet focuses on the level of supervision, and employers should know that contractors actually become employees when they must do things the company's way.

How to Handle the Chronically Sick and Absent Employee
JDSupra (04/02/2012) Kelly Schoening

Disciplining or terminating an employee who chronically is absent, arrives late, or leaves work early is a tricky proposition, and companies must consider a number of factors. Companies should have a written policy that discusses absenteeism and late arrivals. Companies must follow the policy and apply it consistently.

If an employee meets the criteria for federal Family and Medical Leave Act leave, the law protects the employee and his or her job. This is the case even if the employee has not asked for or even mentioned FMLA leave, because it is not the employee's obligation to do so. Instead it is the company's obligation in certain instances.

The need for leave or a flexible schedule can be a reasonable accommodation under the Americans With Disabilities Act. Employees must ask for this accommodation from the company, and the requests must be considered.


Trends and Research


Robert Half and FEI Release Third Annual Benchmarking Report
Robert Half International News Release (04/03/12)

Just over seven in 10 (73%) North American financial executives expect increased government regulation to raise the burden of compliance over time, according to a newly released report from Robert Half International and Financial Executives International. A majority of survey respondents (75% of U.S. and 70% of Canadian financial executives) expect the burden associated with maintaining compliance to continue to rise over time. Staffing, including the recruitment and retention of skilled financial professionals, was listed by respondents across all locations as one of the top-three challenges facing accounting and finance departments. Some 37% of U.S. executives and 45% of Canadian financial leaders surveyed use temporary, interim, or contract professionals in their accounting and finance departments.

Companies Put Customers First and Recruit for CRM Skills
Wanted Analytics (04/03/12) Abby Lombardi

Wanted Analytics reports that increasingly, companies are advertising jobs that require customer relationship management skills. In February, more than 24,000 online job ads required CRM skill sets, a 65% increase from a year earlier. Companies are likely to have a difficult time finding candidates with the CRM skills they need. Currently, recruiters in Washington, DC, are having the most difficult time finding candidates. Recruiters in Hot Springs, AR, Jefferson City, MO, and St. Cloud, MN, are having the easiest time filling CRM jobs.

Engineers Find New Hope for Jobs in Michigan
Livingston Daily (Michigan) (04/03/12) Katherine Yung; John Gallagher

Companies in Michigan are seeking engineers. However, a shortage of highly skilled workers is threatening to stall the state's economy. To address the problem, the state has implemented programs designed to attract skilled labor. Companies in the state are looking for engineers in power distribution, nuclear and fossil-fuel power plants, natural gas, and information technology, among other fields.


ASA for You


Promote Your Firm With the Media Relations Guide From ASA

News coverage offers one of the most effective means for delivering positive information and messages about the staffing industry and your company. Working effectively with local or regional media can help you reach a broad range of audiences, from current clients to industry partners to potential new business prospects.

ASA provides members with a media relations guide as part of the public relations 101 section of the industry marketing tool kit. The comprehensive guide offers an overview of how the media works and lists do's and don'ts to remember when dealing with journalists.

Download the media relations guide at americanstaffing.net.
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April 3, 2012


Headline News
Volt Information Sciences Provides Update on First Quarter Business Performance
Accountable Healthcare Holdings Corp. Acquires MED-STAFF Oklahoma
Hiring and Production Improve at Factories

Legal Watch
Risks of Misclassifying Exempt Workers
Communication of FMLA Policy Is Key in Defending FMLA Interference Lawsuit
Exemption Checkup: Tips on Finding and Fixing Pay Practice Problems in 2012
Wage and Hour: DOL and California to Collaborate on Reducing Employee Misclassification
Immigration Attorney's Tips for Alabama Employers Using E-Verify
Drafting Enforceable Restrictions on Recruiting Employees

Trends and Research
Worker Confidence Hits Four-Year High
Health Care Jobs Are Growing—What Skills and Certifications Are Demanded?
Small-Business Hiring Up in Metro Atlanta, Georgia in March, Reports Say

ASA for You
ASAPro Webinar Today—The Conscious and Powerful Interview

Headline News


Volt Information Sciences Provides Update on First Quarter Business Performance
Volt Information Sciences News Release (04/03/12)

Volt Information Sciences Inc. today provided a business update and reported selected unaudited financial information for its fiscal 2012 first quarter ended Jan. 29, 2012. The company noted that, due to a previously announced accounting review, all numbers presented in this release are estimates. Steven Shaw, Volt’s president and chief executive officer, stated, “The staffing services segment, which accounts for a majority of the company’s total revenue, had approximately $455 million of revenue in the fiscal first quarter 2012 compared to approximately $442 million for the same period in 2011. The first quarter 2012 staffing services segment revenue increase is primarily from customer care solutions services and to a lesser extent from employees on assignment. On average, approximately 31,500 U.S. staffing employees were on assignment in the quarter, compared to approximately 32,300 in the first quarter of 2011, although at higher average billing rates resulting in slightly higher revenue."

Accountable Healthcare Holdings Corp. Acquires MED-STAFF Oklahoma
PR Newswire (04/02/12)

Accountable Healthcare Holdings Corp. has announced that it has completed the acquisition of Tulsa, OK-based MED-STAFF Oklahoma, a predominately travel nurse focused business that specializes in placing registered nurses, physical and occupational therapists, and diagnostic imaging technicians in all fifty U.S. states.

Hiring and Production Improve at Factories
Associated Press (04/02/12)

The Institute for Supply Management reported on April 2 that factories increased hiring and production in March, as its index of manufacturing activity rose to 53.4 for the month. That was up from 52.4 in February. Fifteen of 18 manufacturing industries reported expansion, including mining, steel and other metal production, oil and gas, autos, and furniture. Manufacturers are already a big source of job gains, having added more than 100,000 jobs in the last three months, about one-seventh of all net gains.

Separately, the U.S. Commerce Department said construction spending fell 1.1% in February, after a fall of 0.8% in January. The weak report indicates that the construction industry is still struggling more than two and a half years after the recession ended.


Legal Watch


Risks of Misclassifying Exempt Workers
HR.BLR.com (03/29/12)

The U.S. Department of Labor has estimated that nearly 70% of employers are not in compliance with the Fair Labor Standards Act. In 2010 alone, it set aside $25 million for an enforcement crackdown, adding 350 FLSA investigators with the goal of seeking out employers that commit wage and hour offenses—particularly exemption misclassifications.

The goal of DOL's efforts is to get employers to create compliance action plans to address employment law compliance. DOL is considered likely to propose a rule that will require covered employers to notify workers of their exemption status and perform a classification analysis on workers classified as exempt. To be in compliance, employers covered by the Wage and Hour Division need to develop written plans for identifying wage and hour violations, create a process for implementing the plan, and test the process for compliance.
Hear DOL Representative at the ASA Staffing Law Conference

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

Communication of FMLA Policy Is Key in Defending FMLA Interference Lawsuit
Lexology (03/28/12) R. Michelle Tatum

In the case of Thom v. American Standard Inc., the Sixth Circuit affirmed a partial summary judgment for an employee's Family and Medical Leave Act interference claim because the employer did not inform him of the method used to compute his FMLA leave and ruled that the employee was entitled to double compensatory damages because he was terminated in bad faith.

Employees are entitled to 12 work weeks of FMLA leave during any 12-month period, and employers can choose from four methods to compute the leave: the calendar year; any fixed 12-month "leave year," such as a fiscal year or the year beginning with the employee's anniversary date; the 12-month period from the start date of the employee's first FMLA leave; or a rolling 12-month period measured backward from the date of any FMLA leave. Employees can use whatever option is most beneficial to them if their company does not state which method it uses. Companies must provide 60 days' notice before implementing their method of choice, and they should distribute a written policy and have employees sign it. They should consider employees already on FMLA leave or those who requested leave during that 60-day period, permitting them to use a more liberal way to compute leave but indicating how subsequent leave requests will be handled.

Exemption Checkup: Tips on Finding and Fixing Pay Practice Problems in 2012
Compensation.BLR.com (03/29/12)

Employers must properly classify workers under the Fair Labor Standards Act, especially given the potential for expensive class-action lawsuits. The U.S. Department of Labor has beefed up its FLSA enforcement with the P3 Initiative, which calls on employers covered by the Wage and Hour Division to create written plans for identifying wage and hour violations (plan), develop an implementation process (prevent), and test the process for compliance (protect). The DOL is expected to propose a rule forcing covered employers to inform exempt employees of their status and conduct classification analyses on these exempt workers.

Experts stress the need for proper worker classification, as "employers" are jointly liable for FLSA damages. Given that the definition of "employer" is "any person acting directly or indirectly in the interest of an employer in relation to an employee," human resource professionals and others could be held liable. However, courts typically take into account an individual's financial control over the work force and role in creating pay policies and classifying workers when determining personal liability.

Wage and Hour: DOL and California to Collaborate on Reducing Employee Misclassification
HR.BLR.com (03/27/12)

The U.S. Department of Labor in February signed an agreement with California secretary of labor Marty Morgenstern regarding the improper classification of employees as independent contractors. The agreement is part of the DOL's Misclassification Initiative, which was launched with the goal of preventing, detecting, and remedying employee misclassification.

Under the agreement, DOL and the state will share information; coordinate enforcement efforts; and establish a method for exchanging investigative leads, complaints, and referrals of possible violations. The agreement will facilitate the exchange of statistical data on the incidence of violations of specific industries and geographic areas. The two agencies can also conduct joint investigations. Eleven other states have also signed agreements with DOL.

Immigration Attorney's Tips for Alabama Employers Using E-Verify
Birmingham News (Alabama) (04/02/12) Martin Swant

Immigration attorney Wendy Padilla-Madden offers several tips for Alabama employers that must use the federal E-Verify system to determine if employees are authorized to work in the U.S. She recommends that employers read their company's E-Verify MOU with the U.S. Department of Homeland Security; use E-Verify for every new employee without regard for national origin or citizenship status; remember that all E-Verify activity is monitored by the government; don't use E-Verify to dispel suspicions or prescreen future employees; don't take adverse actions against employees who are in the middle of resolving their case through E-Verify; and seek help from a qualified immigration attorney if compliance challenges surface.

Drafting Enforceable Restrictions on Recruiting Employees
JDSupra (03/28/2012)

This article, originally published by the Illinois State Bar Association, considers the fact that employment and other contracts may restrict soliciting or hiring a firm's employees for a period of time. Court decisions applying Illinois statutes recognize that having a stable work force is a legitimate business interest, but do not allow in most instances blanket restrictions on recruiting or hiring. However, a blanket restriction may be permitted given unusual circumstances such as a firm's small size or the nature of the work force or industry.

Unless those circumstances are apparent, a recruitment restriction should be limited to competitive employment of those employees having confidential knowledge or with whom the restricted party holds a recruiting advantage. Recruiting advantages include relationships with the employees, knowledge of a firm's confidential data, and knowledge of an employee's competencies.

The restriction should be reasonably limited in terms of geography and timeframe. Furthermore, the restriction's purview should be narrower for lower level employees than for senior management. For employees other than senior management, the restriction may need to be confined to subordinates, other employees with whom the restricted employee works, and senior manager.


Trends and Research


Worker Confidence Hits Four-Year High
Randstad News Release (04/02/12)

According to the latest Randstad Employment Report, overall U.S. worker confidence reached 55.5 in March versus 53.9 in February. This marks the third month of consecutive increases. The Employee Confidence Index reached its highest level in four years. Almost half of U.S. workers (45%) feel confident in their ability to find a new job.

Health Care Jobs Are Growing—What Skills and Certifications Are Demanded?
Wanted Analytics (04/02/12) Abby Lombardi

The number of health care jobs has increased considerably over the past years. Employers posted more than 130,000 job ads for health care jobs in February, a 33% increase compared with February 2011. The number of employers looking to hire health care workers also grew in the past year. More than 15,100 employers advertised job openings for health care jobs in February, up from about 13,000 last year.

Registered nurses were the most advertised job, with more than 56,000 unique job postings in this time period, accounting for about 41% of all health care hiring demand. Other in-demand health care positions were physical therapists, occupational therapists, licensed practical and licensed vocational nurses, and speech-language pathologists. The tools and technologies most often required of potential candidates include electronic medical records; personal protective equipment; word processing; orthotics; and personnel management.

Small-Business Hiring Up in Metro Atlanta, Georgia in March, Reports Say
Atlanta Journal-Constitution (04/03/12) David Markiewicz

Hiring by small businesses in metro Atlanta and across Georgia is growing, according to two new reports. Hiring in metro Atlanta rose 0.5% in March, according to the most recent monthly report from SurePayroll's Small Business Scorecard. Statewide, hiring rose 0.4%, according to Intuit Payroll's Small Business Employment Index, compared with 0.3% nationally.


ASA for You


ASAPro Webinar Today—The Conscious and Powerful Interview

Don't miss the ASAPro Webinar "The Art and Process of the Conscious and Powerful Interview," this afternoon from 3 to 4 p.m. Eastern time. Margaret Graziano, CPC, CTS, of Keen Talent Management, will give you tips for attracting and identifying top performers. This Webinar is sponsored by People 2.0.

And remember to register for these other ASAPro Webinars this month: "How to Never Negotiate Direct Hire Fees Again," Thursday, April 12, and "Recruiting in the Cloud," Tuesday, April 24.

All 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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April 2, 2012


Headline News
Jobs Data Reveals Unexpectedly Good News
Engineers Find New Hope for Jobs in Michigan
Official Sentenced for Staffing Firm Bribes

Legal Watch
Are Your Non-Exempt Employees Being Compensated Correctly for Travel Time?
New EEOC Regulation Subject U.S. Employers to More Scrutiny
Homeland Security Continues Enforcement Efforts Against Companies Employing Undocumented Workers

Trends and Research
Employers Grow Optimistic on 2012 Hiring

ASA for You
ASAPro Webinar Tomorrow—The Conscious and Powerful Interview
Hear the Best Business Speakers at Staffing World® 2012

Headline News


Jobs Data Reveals Unexpectedly Good News
Wall Street Journal (04/02/12) Justin Lahart

For the three months through February, the U.S. added an average of 245,000 payrolls, marking the strongest gains since 2006. Economists are expecting Friday's jobs report for March to show a gain of 210,000 jobs. Observers say the actual employment picture may be even better than the headline job figures have shown.

The jobs data can have a hard time capturing the scope of employment gains when the job market is recovering, and evidence is increasing that is what is now happening. The payroll survey only polls established firms, and so misses employment gains at the very young companies that have historically fueled U.S. job growth. A separate survey of households that the unemployment rate is based on suggests stronger job gains, as does a census of employment in the third quarter that the Labor Department released last week, covering nearly the entirety of the U.S. job market.

Engineers Find New Hope for Jobs in Michigan
Detroit Free Press (04/02/12) Katherine Yung; John Gallagher

The demand for technical professionals and engineers in Michigan has increased, but a shortage of highly skilled workers is threatening to stall newfound growth for business and the state economy, even as millions across the country are looking for work. Attracting professionals back to Michigan is one of the strategies companies and the state now pursue to fill open positions. The Michigan Economic Development Corp. has formed teams for five areas: manufacturing; health care; alternative energy and utilities; information technology and media; and agriculture.

In manufacturing alone, U.S. employers have not been able to fill 600,000 skilled positions, according to a late summer survey of the manufacturing industry from Deloitte and the Manufacturing Institute. The situation is putting upward pressure on salaries for many technical workers. For engineers, "the pay levels are beginning to increase across the board in all states, including Michigan," says Todd Soulier, talent acquisition manager for EASi, a Detroit-based engineering staffing firm.

Official Sentenced for Staffing Firm Bribes
Workforce (03/30/12)

New Jersey labor investigator Joseph Rivera has been sentenced to 60 months in prison for taking $1.86 million in bribes from temporary staffing firms. Rivera, a senior investigator with the New Jersey Department of Labor and Workforce Development, took bribes from certain firms to not inspect the firms and falsely certify firms were in compliance with wage and hour laws. At least 20 firms were involved. The incidents occurred between 2002 and 2008.


Legal Watch


Are Your Non-Exempt Employees Being Compensated Correctly for Travel Time?
Lexology (03/23/12) Jordan B. Schwartz

Whether a nonexempt employee's travel time for business-related events must be compensated and constitutes overtime under the federal Fair Labor Standards Act depends on certain factors. Travel time during normal work hours is considered work time, and because it is being substituted for the duties the employee would otherwise perform, he or she must be compensated. However, travel time outside of regular work hours does not have to be compensated; the law does require employees to be compensated for travel that occurs on weekends and other nonworking days, but only during the hours of the day they would be working if it was a weekday. Moreover, if the employee has already completed a 40-hour work week, the travel time should be considered overtime and compensated accordingly. The law includes layovers as travel time, but meal times can be deducted. These rules do not apply to the commute to and from the airport, train, or bus station, nor do they apply to everyday work commutes.

New EEOC Regulation Subject U.S. Employers to More Scrutiny
Seyfarth Shaw (03/30/12)

The U.S. Equal Employment Opportunity Commission has released new Age Discrimination in Employment Act regulations indicating increased scrutiny of employers seeking to downsize or otherwise lower employment-related costs, spelling out how actions that adversely affect older workers must be justified. The U.S. Supreme Court decision in the case of Smith v. City of Jackson (2005) stated that a "reasonable factor other than age" must be the reason for such an action, which the EEOC has expanded to require employers to show that such actions are both rational and reasonable in design.

The five factors that must be considered when determining whether an employer has acted "reasonably" are: "the extent to which the factor is related to the employer's stated business purpose; the extent to which the employer defined the factor accurately and applied the factor fairly and accurately, including the extent to which managers and supervisors were given guidance or training about how to apply the factor and avoid discrimination; the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes; the extent to which the employer assessed the adverse impact of its employment practice on older workers; and the degree of the harm to individuals within the protected age group, in terms of both the extent of injury and the numbers of persons adversely affected, and the extent to which the employer took steps to reduce the harm, in light of the burden of undertaking such steps."

However, the EEOC says that the list is nonexhaustive but also that employers may not have to prove that they took all of the factors into consideration. Thus, it remains to be seen whether the regulations will be challenged in court and whether they will hold up, nor is it clear whether the regulations are retroactive and what employers must do to comply.
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Homeland Security Continues Enforcement Efforts Against Companies Employing Undocumented Workers
Lexology (03/26/12)

The U.S. Department of Homeland Security, working with U.S. Immigration and Customs Enforcement, is continuing its crackdown on U.S. companies that fail to properly verify their employees are authorized to work in the U.S. In fiscal year 2011, ICE conducted I-9 audits of 2,496 companies, up from 503 in fiscal year 2008; launched 3,291 work site enforcement cases; criminally arrested 221 employers; issued 385 Final Orders for $10,463,987 in fines; and debarred 115 individuals and 97 companies.


Trends and Research


Employers Grow Optimistic on 2012 Hiring
Right Management News Release (03/15/12)

One in three companies predict renewed growth and increased hiring in 2012, according to a survey done by Right Management, a dramatic increase from 2011, when only one in five U.S. employers reported feeling confident about growth or hiring. Approximately 36% of the companies surveyed said 2012 will be a year of growth and recovery, marked by increased hiring and new talent development initiatives; 55% said it will be similar to 2011 with sluggish hiring and postponed HR initiatives; and 11% said it will be a year of stagnation with more cutbacks and restructurings.


ASA for You


ASAPro Webinar Tomorrow—The Conscious and Powerful Interview

Don't miss the ASAPro Webinar "The Art and Process of the Conscious and Powerful Interview," Tomorrow, April 3, 3–4 p.m. Eastern time. Margaret Graziano, CPC, CTS, of Keen Talent Management will give you tips for attracting and identifying top performers. This Webinar is sponsored by People 2.0.

All 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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Hear the Best Business Speakers at Staffing World® 2012

Staffing World 2012, Oct 9–11 in Las Vegas, is shaping up to be an exciting educational event with three exceptional keynote speakers: author and business consultant Jim Collins, Liz Wiseman of the Wiseman Group, and We First founder Simon Mainwaring. These world-renowned business experts headline three intense days of high-level interactive learning and industry-specific content.

Back by popular demand, Collins invites staffing executives to be Great by Choice—that's the title of his newest bestseller, which the Financial Times describes as "a sensible, well-timed and precisely targeted message for companies shaken by macroeconomic crises." Collins will teach Staffing World attendees about the principles for building a truly great enterprise in unpredictable, tumultuous, and fast-moving times.

Wiseman will share leadership strategies presented in her best-selling book, Multipliers—How the Best Leaders Make Everyone Smarter. Byron Pitts of 60 Minutes called it "A must-have manual for anyone in a leadership position or aspiring to become a leader." In this acclaimed book, Wiseman evaluates how leaders use their intelligence to amplify the smarts and capabilities of the people around them.

Mainwaring is one of the world's foremost experts on branding and social media. Drawing from best practices and case studies of Fortune 500 brands, Mainwaring will lead a session designed to give companies the confidence—and action steps—to become social technology leaders.

At Staffing World 2012, you'll get the best industry information and learn the latest trends to help your company succeed and remain competitive. For more information and to register, visit staffingworld.org.
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