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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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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 ASA Pro Webinar “Recruiting in the Cloud.” ASA Pro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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.
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.”
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.
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.
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).
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 ASA Pro Webinar “Recruiting in the Cloud” and learn how cloud technology can help streamline your day-to-day operations. ASA Pro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
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.
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.”
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.
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.
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.
Headline News
NLRB Notice Posting Rule Delayed
More Americans Than Forecast Filed Jobless Claims Last Week
U.S. Multinationals Step Up Hiring
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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 ASA Pro 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 ASA Pro Webinar is open to all new and current members. Register online at americanstaffing.net.
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.
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.
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.
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 ASA Pro 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 ASA Pro 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 ASA Pro Webinars are free for ASA members. Register online at americanstaffing.net.
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.
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 ASA Pro 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 ASA Pro 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 ASA Pro Webinars are free for ASA members. Register online at americanstaffing.net.
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.
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.
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.
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.
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.
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.
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%).
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 ASA Pro
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.
ASA Pro 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.
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.
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.
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 ASA Pro 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 ASA Pro 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.
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.
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.
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.
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.
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%.
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 ASA Pro
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 ASA Pro 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.
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.
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.
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.
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.
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
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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.
ASAPro Webinar Next
Week—Never Negotiate Direct Hire Fees Again
Next Thursday, April 12, don't miss the ASA Pro
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 ASA Pro 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.
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.
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 ASA Pro 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 ASA Pro Webinars
this month: " How
to Never Negotiate Direct Hire Fees Again," Thursday,
April 12, and " Recruiting
in the Cloud," Tuesday, April 24.
All ASA Pro Webinars are free for ASA members ($295 for
nonmembers) and qualify for continuing education hours toward ASA
certification renewal. Register online at americanstaffing.net.
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.
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 ASA Pro 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.
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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About ASA
The American Staffing Association is the voice of the U.S. staffing industry. ASA and its affiliated chapters advance the interests of staffing and recruiting firms of all sizes and across all sectors through legal and legislative advocacy, public relations, education, and the promotion of high standards of legal, ethical, and professional practices. ASA members provide the full range of employment and work force services and solutions, including temporary and contract staffing, recruiting and permanent placement, outplacement and outsourcing, training, and human resource consulting.
American Staffing Association
277 South Washington St., Suite 200
Alexandria, VA 22314-3675
703-253-2020
Fax 703-253-2053
asa@americanstaffing.net

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