Headline News
U.S. GDP Up 1.9% in First Quarter, Revised Lower
ADP Employer Services Says U.S. Added 133,000 Jobs in May
Weekly Unemployment Claims Rise Modestly
Online Labor Demand Dips 45,000 in May but Upward Trend Remains Strong
Unemployment Rates Fall in Most Metro Areas

Free ASAPro Webinar Today on Hiring Military Veterans, Plus Resources for ASA Members
ASA Quarterly Survey: Track Performance by Company Size

Legal Watch
Justice Department Settles Lawsuit Against New Jersey Information Technology Company for Retaliation
Employee-Friendly Pregnancy Rules Could Get Even More So
When Is Cancer a Workplace Disability? What Employers Should Know

Trends and Research
Manufacturers Push Skills Certificate as Good Jobs Go Unfilled
Software Screening Raises Bar for Hiring
U.S. Executives Reveal Third-Quarter Professional-Level Hiring Plans

Headline News

U.S. GDP Up 1.9% in First Quarter, Revised Lower
MarketWatch (05/31/12) Greg Robb

The U.S. Department of Commerce estimated today that the economy grew at a 1.9% pace in the first quarter, slower than the 2.2% rate initially reported. The figures are seasonally adjusted and adjusted for price changes. The revisions come from more complete data than were available at the first estimate. Economists surveyed by MarketWatch had been expecting a downward revision to 1.8%.

Economists are forecasting slightly stronger growth—about 2.2% on an annualized basis—in the second quarter ending June 30. The economy is slowly improving, analysts said, but remains held back by too much consumer indebtedness.

ADP Employer Services Says U.S. Added 133,000 Jobs in May
Bloomberg (05/31/12)

Private-sector payrolls increased 133,000 in May, led by small businesses and the service-providing sector, according to the ADP Employer Services employment report released today. The April level was revised to a gain of 113,000 from a prior estimate of 119,000. The median estimate of 39 economists surveyed by Bloomberg News called for a May advance of 150,000.

Weekly Unemployment Claims Rise Modestly
Associated Press (05/31/12)

The number of Americans who filed requests for jobless benefits climbed by 10,000 last week to 383,000, the highest level in five weeks, the U.S. Department of Labor reported today. Claims from two weeks ago were revised up to 373,000 from 370,000. The four-week average increased for the first time in a month to 374,500.

Unemployment claim applications had leveled off at about 370,000 for four weeks. That decline suggested that hiring could pick up in May. Applications below 375,000 typically suggest that hiring is strong enough to reduce the unemployment rate.

Online Labor Demand Dips 45,000 in May but Upward Trend Remains Strong
The Conference Board (05/30/2012)

Online advertised vacancies dipped 45,700 in May to 4,714,800, according to the Conference Board Help Wanted OnLine Data Series released on May 30. Its supply/demand rate stands at 2.6 unemployed for every vacancy. In May the number of unemployed was 7.7 million above the number of advertised vacancies—compared with 10 million above in the fall of 2011.

“After rising 564,000 over the last five months, labor demand dipped in May. Despite this drop, strong employer demand has created growing opportunities for both job-changers and the unemployed and has also helped significantly lower the unemployment rate,” says June Shelp, vice president at the Conference Board. More than half of states posted advertised vacancies in May that were above their prerecession highs. The largest gains were in the Midwest, with Michigan up 53% from its prerecession high. Other Midwestern states with increases above 40% include North Dakota (46%), Indiana (44%), and Ohio (41%).

Unemployment Rates Fall in Most Metro Areas
USA Today (05/31/12) Christopher S. Rugaber

The U.S. Department of Labor reports a decline in unemployment rates in 356 of the 372 biggest metro areas in April, up from 339 showing decreases in April 2011. The number of cities with unemployment rates under 7% rose to 163 from 100, while the number with jobless rates above 10% slipped from 79 to 41. The lowest unemployment rate in the nation is 2.8% in Bismarck, ND, and the highest is 26.8% in El Centro, CA. Of the 49 biggest U.S. cities, Oklahoma City, has the lowest unemployment rate at 4%, and Riverside-San Bernardino, CA, has the highest at 11.7%.

ASA for You

ASAPro Webinar Today
There is still time to register for today’s ASAPro Webinar “Hiring Heroes: Transitioning From the Military to the Civilian Work Force–Research Findings of the Apollo Research Institute.” Taking place from 3 to 4 p.m. Eastern time, the Webinar features a panel of experts convened by the Apollo Research Institute who will discuss a range of topics related to transitioning from the military to the civilian work force.

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

How You Can Help—Resources for ASA Members
Helping veterans with career counseling and employment has been a top priority over the past several years for many ASA members. ASA is proud of the important contributions that the staffing industry has made, but recognizes that there is still a problem to overcome–unemployment among U.S. veterans is 12%, according to the U.S. Bureau of Labor Statistics.

ASA is encouraging all its members to get involved in helping veterans find employment and has gathered some resources to help your staffing firm get started.
Interested in tracking sales growth by company size? Participate in the quarterly ASA Staffing Employment and Sales Survey now and receive an exclusive report on the results. There are no fees to participate, and all U.S. staffing firms are invited to complete a survey.

For the first time, ASA will be tracking temporary and contract staffing sales and gross margin data by sector. Survey participants are asked to provide data for all of the sectors in which their firms operate.

ASA is currently gathering data on temporary and contract staffing sales, payroll, and employment for the first quarter of 2012.

Register to take the survey or view a PDF version of the questionnaire at americanstaffing.net. This survey is conducted by ASA research partner Inavero.

Legal Watch

Justice Department Settles Lawsuit Against New Jersey Information Technology Company for Retaliation
U.S. Department of Justice (05/30/12)

The U.S. Department of Justice on May 30 reached a settlement with Whiz International LLC, an information technology staffing company in Jersey City, NJ, regarding allegations that the company violated the antidiscrimination provision of the Immigration and Nationality Act when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas. Under the terms of the settlement agreement, the company has agreed to pay $21,780 in monetary relief to the injured party, along with a $1,000 civil penalty. The company has also agreed to be subject to three years of monitoring and reporting by DOJ.

Employee-Friendly Pregnancy Rules Could Get Even More So
Corporate Counsel (05/24/12) Amanda Bronstad

The California Department of Fair Employment and Housing is holding hearings on new rules that could toughen the state’s pregnancy discrimination laws by deeming lactation, morning sickness, prenatal or postnatal care, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, childbirth, loss or end of pregnancy, and recovery from childbirth as pregnancy-related conditions that require employers to make accommodations. These accommodations could include leave, a transfer to another department, more rest breaks, or lighter duties, among other options. Laura Reathaford, special employment law counsel at Los Angeles-based Proskauer Rose, notes, “These regulations do not allow for that employer defense of undue hardship, nor do they outline an interactive process between an employer or an employee.”

When Is Cancer a Workplace Disability? What Employers Should Know
HR.BLR.com (05/23/12) Jonathan R. Mook; Alan G. Rosmarin

The Americans With Disabilities Act Amendments Act expands the definition of a disability such that someone diagnosed with cancer likely would be considered disabled. Furthermore, a condition such as depression could accompany the cancer and become a disability as well. Some accommodations companies would need to provide to someone diagnosed with cancer might include reduced hours, a change in hours, or a flexible schedule; rest periods and a place to rest during the day; the ability to work from home; reassignment of nonessential job duties; modification of the office temperature; and a leave of absence under the Family and Medical Leave Act, if applicable.

Trends and Research

Manufacturers Push Skills Certificate as Good Jobs Go Unfilled
Charlotte Observer (North Carolina) (05/30/12) Kevin Hall

Though thousands of manufacturing jobs are there for the taking, companies are currently unable to hire sufficiently skilled workers. “Five percent of manufacturing jobs go unfilled every day because we can’t find the skilled work force,” says Jay Timmons, president of the National Association of Manufacturers. In an attempt to reduce the number of unfilled posts, manufacturers in 2010 began pushing creation of a portable skills certificate, one that would be recognized nationwide.

In 2011, the Manufacturing Institute’s Manufacturing Skills Certification System yielded almost 85,000 of the portable certificates that the group hopes to have recognized nationwide, nearly one-fifth of the trade association’s goal of 500,000 such certificates by 2016. The system provides what are actually known as “stackable” secondary education and post-secondary skills that employers have identified as necessary in order to get a job in manufacturing and advance up the career ladder. The “stackable” skills certificates cover everything from welding and applied math to demonstrable understanding of metalworking, packaging, construction, electronics, and die casting. To date, 113 colleges nationwide have partnered with the Manufacturing Institute, a number that is rising as more community colleges in particular participate.

Software Screening Raises Bar for Hiring
Wall Street Journal (05/31/12) David Wessel

Peter Cappelli, a professor of management and human resources at the University of Pennsylvania’s Wharton School, dismisses the widely held belief that finding workers with the right skills is a real challenge for employers these days. “The real culprits are the employers themselves,” he asserts. “It is part of a long-term trend, and the recession caused employers to be able to be pickier, to get even more specific in the skills they think they can find outside the company and to cut back on training.”

Cappelli says that in many companies, software has replaced recruiters, so “applicants rarely talk to anyone, even by e-mail, during the hiring process.” At a time of widespread unemployment, the volume of applications is swamping human resource departments, many of which have been downsized to cut costs. That has led employers to further automate hiring—and to become very specific about experience and skills they seek. Screening software weeds out anyone whose application lacks particular key words. Neal Grunstra, president of the staffing firm Mindbank Consulting Group, calls this trend “looking for a unicorn.”

U.S. Executives Reveal Third-Quarter Professional-Level Hiring Plans
Robert Half International (05/31/12)

Nearly nine in 10 (88%) executives surveyed for the quarterly Robert Half Professional Employment Report said they anticipate no changes to the size of their teams in the next three months. Five percent of respondents plan to add full-time, professional-level staff in the third quarter, while another 5% indicated they will make personnel reductions. Recruiting challenges continue to surface for executives—69% of those interviewed said they are having difficulty finding people with the skills they need, up eight points from the second-quarter survey.

Headline News
U.S. Winds Down Longer Benefits for the Unemployed
Flat U.S. Wages Help Fuel Rebound in Manufacturing
Making the H-1B Visa Quota for Fiscal Year 2013

Participate in the ASA Quarterly Survey to See Sector Data
Free ASAPro Webinar Thursday—Hiring Military Veterans
Find Suppliers for Your Firm’s Every Need

Legal Watch
OSHA Announces Plans for Whistleblower Committee
When Will Employers Learn—the EEOC Is Serious About Enforcing Title VII Against Pregnancy Discrimination

Trends and Research
ManpowerGroup Annual Survey Reveals U.S. Talent Shortages Persist in Skilled Trades, Engineers and IT Staff
Demand for Locum Tenens Physicians Has Slowed
California Workers’ Comp Claims Show Sharp Increase in Medical Costs

Headline News

U.S. Winds Down Longer Benefits for the Unemployed
New York Times (05/29/12) Shaila Dewan

Unemployment benefits are ending for hundreds of thousands of U.S. workers. Meanwhile, some states are making it more difficult for people to qualify for the first few months of benefits. In Florida, more than half of all unemployment benefit applicants are denied. Nationally, unemployment is hovering at 8.1%, and there are more than three job seekers for every job opening.

Flat U.S. Wages Help Fuel Rebound in Manufacturing
Wall Street Journal (05/29/12) David Wessel; James R. Hagerty

Although U.S. manufacturing plants are experiencing a revival, wages for many manufacturing workers are flat. Indeed, lagging wages are a major factor contributing to the U.S. manufacturing revival. Many U.S. companies have negotiated contracts with unions that allow the companies to pay new workers lower wages than existing workers. Earnings for production and other nonsupervisory workers averaged $19.15 an hour in April, down 3.2% from March 2009. Meanwhile, some unions are accepting the use of lower-paid “casual” workers.

Making the H-1B Visa Quota for Fiscal Year 2013
PR Newswire (05/28/12)

As of May 18, U.S. Citizenship and Immigration Services had received 42,000 petitions for H-1B visas subject to the 65,000 visa cap for fiscal year 2013. The agency had received 16,000 petitions toward the separate 20,000 cap for H-1B guestworkers with advanced degrees. USCIS saw an uptick this year in the number of H-1B petitions filed, with 17,400 petitions filed toward the cap as of April 9. As of April 22 last year, USCIS had received only 8,000 petitions toward the 65,000 visa cap. Several years ago it was common for the H-1B cap to be met on the first day petitions were accepted.

ASA for You

Your staffing firm is invited to participate in the ASA quarterly Staffing Employment and Sales Survey. Staffing firms that complete the survey receive an exclusive report on the results, which includes payroll data available nowhere else.

For the first time, ASA will begin tracking temporary and contract staffing sales and gross margin data by sector. Survey participants are asked to provide data for all of the sectors in which their firm operates. There are no fees to participate.

Register to take the survey or view a PDF version of the questionnaire at americanstaffing.net. This survey is conducted by ASA research partner Inavero.
May is National Military Appreciation Month and ASA wants to remind you that hiring veterans and transitioning military service members makes good business sense. ASA encourages all its members to help U.S. military veterans find employment, but that can be easier said than done.

A study by the Apollo Research Institute aims to assist businesses with helping veterans transition from the military to the civilian work force. During the ASAPro Webinar “Hiring Heroes: Transitioning From the Military to the Civilian Work Force–Research Findings of the Apollo Research Institute,” Thursday, May 31, 3–4 p.m. Eastern time, a panel of experts convened by the institute will review findings from the study and discuss topics related to hiring military veterans.

ASAPro Webinars are free for ASA members ($295 for nonmembers) and qualify for continuing education hours toward ASA certification renewal. Register online at americanstaffing.net.
Are you looking for business partners to help you strengthen your bottom line, protect your business, or enhance your offerings to clients and employees? Check out the ASA online supplier directory at americanstaffing.net.

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

For more information, contact Sarah Albritton at 703-253-2042 or salbritton@americanstaffing.net.

Legal Watch

OSHA Announces Plans for Whistleblower Committee
safety.blr.com (05/23/2012)

A Whistleblower Protection Advisory Committee will be created by the U.S. Occupational Safety and Health Administration to make recommendations to U.S. Department of Labor officials on improving OSHA’s administration of whistleblower laws in regard to investigation, enforcement, training, and partnering with other agencies. This move will help beef up protections for whistleblowers “who expose securities and financial fraud, adulterated foods, air and water pollution, or workplace safety hazards,” says Dr. David Michaels, the assistant labor secretary who oversees OSHA.

When Will Employers Learn—the EEOC Is Serious About Enforcing Title VII Against Pregnancy Discrimination
Lexology (05/21/12) Richard B. Cohen

Experts have been urging the U.S. Equal Employment Opportunity Commission to be more proactive about encouraging companies to accommodate women “who require adjustments to work rules as a result of pregnancy or childbirth.” In 2011, there was a 23% increase in the number of EEOC charges alleging pregnancy discrimination. Separately, the U.S. Department of Justice has announced that “the continued enforcement of Title VII is a priority.”

Trends and Research

ManpowerGroup Annual Survey Reveals U.S. Talent Shortages Persist in Skilled Trades, Engineers and IT Staff
ManpowerGroup News Release (05/29/12)

ManpowerGroup today released the results of its seventh-annual Talent Shortage Survey, revealing 49% of U.S. employers are experiencing difficulty filling mission-critical positions within their organizations. Although slightly lower than the 52% of employers struggling in 2011, a significant percentage of total U.S. employers continue to face hiring challenges despite continued high unemployment. U.S. employers are struggling to find available talent more than their global counterparts; 34% of employers world-wide are having difficulty filling positions.

The positions that are most difficult to fill include skilled trades, engineers, and information technology staff, all of which have appeared on the U.S. list multiple times since the survey began in 2006. The survey also highlights the most common reasons employers say they are having trouble filling jobs, including lack of available applicants, applicants looking for more pay, and lack of experience.

“Based on the many conversations we have with employers every day, ManpowerGroup recognizes the ongoing challenge business leaders face when looking for the right talent,” says Jonas Prising, ManpowerGroup president of the Americas. “This skills mismatch has major ramifications on employment and business success in the U.S and around the globe. Wise corporate leaders are doing something about it, and we increasingly see that they’re developing work force strategies and partnerships with local educational institutions to train their next generation of workers.”

Demand for Locum Tenens Physicians Has Slowed
American Medical News (05/28/12) Victoria Stagg Elliott

Demand for locum tenens physicians has declined due to a drop in physician office visits, the economic slowdown, and an increase in physician employment by hospitals. The 2011 Survey of Temporary Physician Staffing Trends by Staff Care, a subsidiary of AMN Healthcare, shows a decrease in health care facilities using locum tenens physicians from 79% in 2005 to 75% in 2011. Meanwhile, facilities seeking locum tenens physicians to supplement staff fell from 53% in 2005 to 41% in 2011, and those indicating that it was harder to find locum tenens physicians dropped to 13% from 20% over the same period. The survey also reveals a jump in facilities citing cost as an obstacle to the use of locum tenens physicians to 86% in 2011 from 81% in 2005.

California Workers’ Comp Claims Show Sharp Increase in Medical Costs
Business Insurance (05/25/12) Sheena Harrison

Although workers’ compensation reforms in California lowered medical costs by 30% from 2002 to 2005, the Workers Compensation Research Institute says medical costs per workers’ compensation claim edged up 8% annually from 2005 to 2009. The study blames a rise in the use of medical services, more claims with radiology costs, and an increase in a workers’ compensation fee schedule.

Headline News
ASA Represents U.S. at World Employment Conference
Jobless Claims in U.S. Were Little Changed at 370,000 Last Week
U.S. April Durable Goods Orders Edge Up 0.2% as Machinery Drags
For Small Business Week, IRS Spotlights Expanded Tax Credit for Hiring Veterans

Share Your Expertise as a Knowledge Network Moderator
Free ASAPro Webinar Next Thursday—Hiring Military Veterans

Legal Watch
SSA Reminds Employers About E-Verify
Cal/OSHA Cites Southern California Recycling Company for Multiple Safety Violations
Age Comments Plus Termination Equal Trouble

Trends and Research
New Report: 70% of Businesses Plan to Hire 2012 College Graduates in Coming Year
What Cloud Computing Skills Are Employers Recruiting For?

Headline News

ASA Represents U.S. at World Employment Conference
American Staffing Association (05/24/12)

Staffing industry executives from around the globe have converged in London this week for the 2012 World Employment Conference, conducted by the International Confederation of Private Employment Agencies, known as Ciett (its acronym in French). During this annual meeting, participants explore global market trends and developments and focus on how to combat challenges facing the international staffing industry. Representing ASA are chairman Aaron Green, CSP, of Professional Staffing Group; immediate past chairman Bill Yoh, TSC, CSP, of Yoh; and ASA president and chief executive officer Richard Wahlquist.

Labor markets around the world are facing unprecedented challenges, according to “Adapting to Change,” a report recently issued by the Boston Consulting Group on behalf of Ciett. The unpredictability of the global economy has left governments, businesses, and individuals struggling to tackle issues arising from high levels of unemployment, talent mismatches, and low levels of labor market participation—particularly among young adults. The report examines the contributions the staffing industry can make to the recovering global economy. During Wednesday’s opening plenary session, global delegates discussed how the report has helped positively shape perception of the industry in just the first few months since its launch.

To learn more about Ciett’s World Employment Conference, visit ciett2012.com.

Jobless Claims in U.S. Were Little Changed at 370,000 Last Week
Bloomberg (05/24/12) Alex Kowalski

The number of Americans who filed requests for jobless benefits fell by 2,000 last week to 370,000, the U.S. Department of Labor reported today. The initial claims matched the median estimate in a Bloomberg News survey of economists. Claims from two weeks ago were revised up to 372,000 from 370,000. The average of new claims over the past four weeks, meanwhile, dropped by 5,500 to 370,000, the lowest level in six weeks. Continuing claims decreased by 29,000 to a seasonally adjusted 3.26 million in the week ended May 12.

U.S. April Durable Goods Orders Edge Up 0.2% as Machinery Drags
Reuters (05/24/12)

Orders for long-lasting goods edged up 0.2% in April, the second rise in three months after demand for cars and car parts picked up. The U.S. Commerce Department reported today that durable-goods orders reached a seasonally adjusted $215.5 billion after dropping 3.7% in March. Economists had forecast orders for durable goods to increase 0.5% in April. Orders were dragged down by a 2.8% decline in machinery and 34% fall in military aircraft. New orders of computers and electronic products fell 0.6%.

For Small Business Week, IRS Spotlights Expanded Tax Credit for Hiring Veterans
Patch.com (05/24/12) C. Zawadi Morris

As part of Small Business Week, May 20-26, the U.S. Internal Revenue Service hopes small-business owners will take advantage of an expanded Work Opportunity Tax Credit for hiring eligible unemployed veterans, with companies that hire veterans with service-related disabilities possibly qualifying for the maximum credit. The amount of the credit is based on how long the veteran was unemployed, how many hours the veteran worked, and the wages the veteran earned during the first year, with a maximum credit of $9,600 per veteran for for-profit employers and $6,240 for tax-exempt organizations. Employers typically have 28 days from when eligible workers start their jobs to file Form 8850 with the state work force agency, but a special rule gives them until June 19 to do so for veterans hired between Nov. 22, 2011, and May 22, 2012.

ASA for You

Volunteer to teach—and learn from—your peers as a table moderator for the Knowledge Network at Staffing World^® 2012, Oct. 9-11 in Las Vegas. Staffing World attendees consistently rate the roundtable session one of the most popular educational opportunities at the ASA annual convention.

This participant-driven interactive session, which will take place Wednesday, Oct. 10, 2:15–3:30 p.m., involves targeted small group discussions. Knowledge Network moderators introduce the topic, offer appropriate opening comments, encourage group participation, and guide discussions. Moderators must be registered to attend Staffing World 2012.

Volunteer to become a Knowledge Network moderator. For more information about the Knowledge Network, visit staffingworld.org or contact ASA at 703-253-2020 or speakers@americanstaffing.net.
May is National Military Appreciation Month and ASA wants to remind you that hiring veterans and transitioning military service members makes good business sense. ASA encourages all its members to help U.S. military veterans find employment, but that can be easier said than done.

A study by the Apollo Research Institute aims to assist businesses with helping veterans transition from the military to the civilian work force. During the ASAPro Webinar “Hiring Heroes: Transitioning From the Military to the Civilian Work Force–Research Findings of the Apollo Research Institute,” Thursday, May 31, 3–4 p.m. Eastern time, a panel of experts convened by the institute will review findings from the study and discuss topics related to hiring military veterans.

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

Legal Watch

SSA Reminds Employers About E-Verify
CCH Payroll (05/23/12)

Employers at over one million work sites have enrolled in E-Verify, the federal government’s electronic employment eligibility program, reports the U.S. Social Security Administration. Meanwhile, the U.S. Government Accountability Office says mismatches have been lowered by the use of E-Verify from 8% in 2007 to 2.6% in 2009 and 1.7% in 2010. In recent years, E-Verify has been improved to include photo matching, which helps identify and curtail identify fraud; naturalization and passport data, which help reduce mismatches; and Self Check, which enables individuals to verify and correct their own records before seeking employment. The government also is seeking to collaborate with state motor vehicle departments to verify driver’s license information, with Mississippi participating thus far.

Cal/OSHA Cites Southern California Recycling Company for Multiple Safety Violations
California Department of Industrial Relations (05/23/12)

The California Department of Industrial Relations’ Division of Occupational Safety and Health has issued 36 citations totaling $38,895 in penalties to American Reclamation Inc., a solid waste company in Los Angeles, its recycling subsidiary, South Coast Fibers Inc., and their staffing firm, Steno Employment Services Inc. Cal/OSHA cited five serious violations including a failure to follow a written program to prevent workers’ entry into machinery before the energy is shut off, an unsafe work platform raised on a fork lift, and various unguarded pieces of machinery that could lead to amputations and other serious injuries. An investigation also revealed multiple violations for the three employers, which included no heat illness prevention training, no drinking water for drivers and helpers in the field, and an inadequate injury and illness prevention program.

Age Comments Plus Termination Equal Trouble
Business Management Daily (05/21/12)

Seemingly innocent age-related comments can come back to haunt a company, especially if the comments come from someone who has a direct say in hiring and firing decisions. In one recent case, Harry Seretti worked for a Ford dealership during the worst part of the economic downturn. Seretti was 58 years old when he was informed that his services were no longer needed. The dealership immediately hired Seretti’s replacement, a 45-year-old former employee.

Seretti filed a suit alleging age discrimination, claiming that when he asked his supervisor why he was being let go, the supervisor said that Seretti’s age had “caught up with” him. Seretti also pointed to other recent comments, including one in which the supervisor said the automobile business had a way of aging someone “real quick.” The dealership argued that poor performance was the real reason it let Seretti go, but offered no evidence to back that up. That was enough for the court to order a trial, Seretti v. Morrow Ford Lincoln Mercury. The case serves as a reminder for employers to always make sure documentation can prove a termination was based on performance.

Trends and Research

New Report: 70% of Businesses Plan to Hire 2012 College Graduates in Coming Year
San Francisco Chronicle (05/23/12)

A new national survey of businesses by the Academy of Art University and CALinnovates reveals that 70% of businesses plan to hire 2012 graduates in the coming year, with only 11% of those companies saying they plan to hire fewer graduates than they did in 2011. Some 21% of respondents say their companies will hire more than 10 new graduates, and another 11% will hire five to 10 new graduates.

Fifty-five percent of respondents say they are optimistic about the future of conditions in their industries. Another 37% say they expect economic conditions to be the same, and only 9% expect conditions to be worse.

What Cloud Computing Skills Are Employers Recruiting For?
Wanted Analytics (05/23/12) Abby Lombardi

More than 12,000 cloud computing jobs were advertised online in April, a 50% increase over April 2011. Software engineers, Java developers, systems engineers, network engineers, and Websphere cloud computing engineers were among the most commonly advertised job titles requiring cloud computing skills. The metro area with the highest volume of cloud computing job ads was San Jose, CA. Recruiters in Seattle had the most difficulty filling positions.

Staffing in May Up 6.6% From a Year Ago

Staffing employment in May is up 6.6% from May 2011, according to the ASA Staffing Index.

The index value for May is 93, up two points from the 91 reported for April. Since the beginning of 2012, temporary and contract employment has grown 24.2%, according to the index.

To view weekly index data, visit americanstaffing.net.

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Headline News
Once Made in China: Jobs Trickle Back to U.S. Plants
How Fast Will States Recover Peak Employment?
U.S. Startup Activity Finds No Traction; Sales, Staffing Low
GAO, Senate Committee Look at Joblessness and Older Workers
Construction Employment Declined in 28 States and D.C. From March to April

Free ASAPro Webinar Today—New EEOC Enforcement Guidance
Earn Recognition From ASA

Legal Watch
Cutting Corners
FY 2013 H-1B Cap Likely to Be Reached in June
Multiemployer ‘No Poaching Agreements’ Spawn Civil Antitrust Claims

Trends and Research
Is There an Employment Gap Between Employers and Students?
Hiring Up, Salaries Flat for B-School Grads

Headline News

Once Made in China: Jobs Trickle Back to U.S. Plants
Wall Street Journal (05/22/12) James Hagerty

A growing trend over the past two years is the “reshoring” of some manufacturing work in the U.S. that was “offshored” to low-cost producers like China in the past two decades. After a 35% decline in the number of U.S. manufacturing jobs between 1998 and 2010, the number has since increased by 489,000, or 4.3%, to 11.9 million. While much of that increase is due to the economic recovery rather than reshoring, the economics research firm IHS Global Insight forecasts that the number of manufacturing jobs will climb 3.2% this year compared with a 1.6% increase in all jobs.

A survey of 105 companies by David Simchi-Levi, an engineering professor and supply-chain expert at the Massachusetts Institute of Technology, found that 39% were considering moving some manufacturing back to the U.S. Surging Asian wages over recent years have made U.S. manufacturing more attractive for some companies, as have higher oil prices that have increased the cost of shipping goods across oceans.

However, the U.S. suffers from a shortage of trained workers in some areas vital for manufacturing, such as engineering and operation of computerized machinery. U.S. corporate taxes are higher than those in most other industrial nations. “It’s not that there’s going to be a flood [of manufacturing] back to the U.S.,” says Daniel Meckstroth, chief economist at the Manufacturers Alliance for Productivity and Innovation. Rather, the U.S. is seeing more of a balance, in which companies more carefully assess the pros and cons of producing domestically or overseas, with Asia no longer the default choice.

How Fast Will States Recover Peak Employment?
New York Times (05/21/12) Shaila Dewan

Alaska, Texas, Louisiana, and North Dakota have returned to their peak prerecession employment levels, according to a new analysis by the forecasting firm IHS Global Insight. The report predicts that 16 states will regain peak employment by the end of next year, and that all but eight will do so by the end of 2015. Nevada, Michigan, and Rhode Island are expected to be the laggards, not achieving peak employment until after 2017. “The states in the middle of the country have benefited from not being exposed to the housing boom and bust and also have gotten a kick from strong oil and gas demand,” says Jim Diffley, the chief regional economist at IHS.

U.S. Startup Activity Finds No Traction; Sales, Staffing Low
Investor’s Business Daily (05/22/12) Jason Ma

Entrepreneurial activity in the U.S. is showing signs of deterioration, from startups to the self-employed, with entrepreneurs as a group appearing less likely to boost hiring. The number of startups with a payroll is the smallest in decades, and businesses staffed only by the owner are investing even less than in prior years.

Establishments less than a year old totaled 556,553 in 2010, according to the latest U.S. Commerce Department data, down 26% from the peak of 747,278 in 2006, and the lowest level since 1983, despite a 46% increase in the total number of establishments since then. Previous postrecession recoveries showed sharp increases. Startups are also smaller now than in prior years. By various measures, startups’ staffing has been trending lower for more than 10 years. Average employees at new establishments dropped from 10.8 workers in 2002 to 7.7 in 2010, according to Commerce Department data.

The booming mobile apps market has given rise to one-person companies consisting of a lone programmer, notes William Dunkelberg, chief economist at the National Federation of Independent Business. Technology has also reduced the need for staff for record-keeping, administration, and accounting, he adds.

GAO, Senate Committee Look at Joblessness and Older Workers
SHRM Online (05/18/12) Kathy Gurchiek

The problem of long-term unemployment among older workers in the U.S. was the focus of a U.S. Senate Special Committee on Aging hearing on May 15. The hearing coincided with the U.S. Government Accountability Office’s release of a report that found the number of workers age 55 and older who have been unemployed more than six months has doubled since the recession began in late 2007.

Committee chairman Sen. Herb Kohl (D-WI) noted that while less than one in four unemployed older workers were out of work in 2007, more than half of unemployed workers who were out of work four years later were over the age of 55 “and confronting long-term unemployment.” Kohl pointed to the Platform to Employment program as one that “shows real potential” for helping to solve the problem of unemployment among older workers. The program partners with local businesses by placing older workers into internships. Additionally, Kohl announced his support for the proposed Protecting Older Workers Against Discrimination Act that was introduced earlier in March.

Construction Employment Declined in 28 States and D.C. From March to April
Associated General Contractors of America (05/18/12)

An analysis by the Associated General Contractors of America shows that construction unemployment varied in April, with 28 states and the District of Columbia seeing declines, three states maintaining employment levels, and 19 states adding jobs. For year on year numbers, North Dakota saw the largest percentage gains in construction employment, and Texas added the largest number of jobs, while Alaska lost the highest percentage, and Florida lost the largest number of positions. For monthly numbers between March and April, Iowa added the largest percentage and Texas the highest numbers, while Alaska lost the largest percentage, and Florida the highest numbers. Officials note that the mixed results reflect public sector declines in investment and growing uncertainty as firms focusing on public projects are hesitant to hire staff.

ASA for You

When can employers ask about applicants’ criminal history? Find out this afternoon during the ASAPro Webinar “New EEOC Enforcement Guidance—Employers’ Use of Arrest and Conviction Records” sponsored by People 2.0.

Attorneys Gerald L. Maatman Jr. and Pamela Q. Devata of Seyfarth Shaw LLP will provide a comprehensive analysis of new guidance from the U.S. Equal Employment Opportunity Commission.

All ASAPro Webinars are free for ASA members. Register online at americanstaffing.net.
Submitting an entry to an ASA award program provides an excellent way for members to be recognized by the industry for their outstanding initiatives. Start preparing your entries now for the National Staffing Employee of the Year, ASA Care Award, and Staffing VOICE Award programs. The deadline for all ASA award entries is Aug. 1.

The National Staffing Employee of the Year is an honoree whose story best captures the staffing industry’s key messages—jobs, flexibility, bridge, choice, and training. Give your stellar temporary or contract employee the chance to be the 2013 National Staffing Employee of the Year by nominating him or her for the prestigious distinction.

You can learn about the 2012 honoree, Chris Hoover, by reading the January–February issue of Staffing Success. National Staffing Employee of the Year is sponsored by First Staff Benefits, an ASA corporate partner.

Share your company’s outstanding corporate social responsibility initiatives by submitting an entry for this year’s ASA Care Award. The Care Awards recognize CSR best practices among ASA member companies and affiliated chapters. A panel of corporate social responsibility experts will review entries and select the winners.

The 2012 Staffing VOICE Award competition, sponsored by ASA corporate partner CareerBuilder, recognizes standout communications efforts in 16 categories that demonstrate vision, originality, innovation, creativity, and effectiveness (VOICE). Visit americanstaffing.net to download an entry form and to learn more about last year’s winners.

Legal Watch

Cutting Corners
BusinessWest Online (05/22/12) Charlotte Cathro

As businesses seek to cut payroll expenses, many have hired part-time and temporary workers, and it is important for firms to properly classify these workers to avoid hefty penalties. The U.S. Internal Revenue Service uses a three-part test to determine whether workers are independent contractors or employees based on the worker’s behavioral and financial control and the relationship between the worker and the business. Some states have developed their own tests, which may be stricter than the IRS test. Experts say employers should consult an accountant or labor attorney immediately to determine whether workers are appropriately classified and to assess their exposure.

FY 2013 H-1B Cap Likely to Be Reached in June
Ogletree Deakins (05/15/12)

U.S. Citizenship and Immigration Services received a total of approximately 51,500 H-1B filings for employment in fiscal year 2013, which begins Oct. 1, as of May 11, with 36,700 petitions having been receipted against the “regular cap” of 65,000 and 14,800 H-1B petitions having been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.

By this time in 2011, USCIS had received approximately 19,100 H-1B cap-subject petitions, while in 2010 it had received about 27,100 cases over a comparable period. Based on the substantial increase in the H-1B filings for FY 2013, this year’s H-1B cap will be reached much earlier than in the past two years, possibly even by June 2012. Employers should continue to identify persons for whom H-1B sponsorship will be needed, and contact attorneys as soon as possible to enable sufficient time for petition preparation.

Multiemployer ‘No Poaching Agreements’ Spawn Civil Antitrust Claims
Fenwick Employment Brief (05/11/12)

Following a settlement between the U.S. Department of Justice and seven prominent technology companies regarding the companies’ conduct in agreeing not to cold call employees of the other companies, a class of software engineers filed a civil lawsuit against the same companies for alleged antitrust violations. The employers claimed that the plaintiffs could not establish facts evidencing a conspiracy to suppress wages and moved to dismiss the claims. The court, however, determined that the plaintiffs alleged sufficient facts to support their claims, so the antitrust claims survived dismissal and the case continues.

Trends and Research

Is There an Employment Gap Between Employers and Students?
Millennial Branding News Release (05/21/12)

A study of 225 employers by Millennial Branding shows that 91% of employers think students need one to two internships under their belt, but 50% of them have not hired interns during the last six months. Millennial Branding founder Dan Schawbel says students should secure as many internships as they can before graduation and notes that employers can reduce recruiting and training costs by hiring interns into full-time positions. Additionally, the study found that 83% of companies hire through social networking, 48% through job boards, and 44% using referrals, and 35% of those engaged in social media recruiting perform online background checks, with 42% using LinkedIn, 40% Facebook, 15% Google+, and 2% Twitter.

Hiring Up, Salaries Flat for B-School Grads
Wall Street Journal Online (05/21/12) Melissa Korn

U.S. employers expect to offer new hires with master of business administration degrees a median starting salary of $90,000, according to a new report from the Graduate Management Admission Council, a figure that has held fairly constant for five years. Half of employers surveyed said they expect to keep starting salaries level with 2011, without adjusting for inflation. Technology is one of the hottest sectors for hiring this year. The survey found the number of tech firms expecting to hire MBAs increased by 22 percentage points over last year. Energy and utility companies are up by 14 points, consulting by nine points, and financial services by two points.

Staffing World^® 2012—Last Day to Save up to $400

Today is the Staffing World early registration deadline—save up to $400 per person when you register now.

The ASA annual convention takes place Oct. 9–11 in Las Vegas. With nearly 40 executive education sessions, three exciting keynote speakers, and more, it’s the can’t-miss event for staffing executives. Visit staffingworld.org to learn more and register today.

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Headline News
Study Alleges Abuses in Warehouse Industry
U.S. Leading Economic Index Dips Slightly
H-P to Slash Work Force By Up to 30,000

Free ASAPro Webinar Tuesday—New EEOC Enforcement Guidance

Legal Watch
Independent Contractor Misclassification Update 2012: How Companies Can Minimize the Risks
Legal Issues Abound in Telecommuting

Trends and Research
IT Jobs: Staffing Levels to Hold Steady
Social Media Hiring Still Breaks Records

Headline News

Study Alleges Abuses in Warehouse Industry
Los Angeles Times (05/17/12) Alana Semuels

A new report states that nearly two-thirds of workers in the logistics industry are employed through staffing firms but paid less than permanent employees, even though they may be performing the same duties and work 40 hours a week on average. According to the report by Jason Rowe of the Kennedy School of Government at Harvard University, in partnership with New Labor (a workers’ rights group), one-third of logistics workers say they were not paid in full for wages that they had earned. Christopher Dwyer, a logistics analyst with Aberdeen Group, notes that in 2009, temporary workers made up 17% of the work force, while this year they will make up 26%.

U.S. Leading Economic Index Dips Slightly
The Conference Board (05/17/2012)

The Conference Board Leading Economic Index for the U.S. declined 0.1% in April to 95.5, following a 0.3% increase in March, and a 0.7% increase in February. Ataman Ozyildirim, economist at the Conference Board, notes the LEI’s six-month growth rate fell slightly, but remains in expansionary territory and well above its growth at the end of 2011.

H-P to Slash Work Force By Up to 30,000
Wall Street Journal (05/17/12) Ben Worthen

Hewlett-Packard Co. reportedly plans to eliminate 25,000 to 30,000 employees, as chief executive Meg Whitman plans a companywide restructuring. Cuts in that range would constitute about 8% of the company’s work force, which stood at approximately 349,600 at the end of October. People familiar with the matter say that the cuts will be across the company and that the exact number is not yet final. The cuts rank among the largest by large U.S. companies since the financial crisis triggered a recession in the fall of 2008, according to the outplacement firm Challenger Gray & Christmas.

ASA for You

When can employers ask about applicants’ criminal history? How should employers treat applicants’ arrest and pending records? Do employers have to allow applicants an opportunity to provide additional information? Find out Tuesday, May 22, during the ASAPro Webinar “New EEOC Enforcement Guidance—Employers’ Use of Arrest and Conviction Records” sponsored by People 2.0.

Attorneys Gerald L. Maatman and Pamela Q. Devata of Seyfarth Shaw LLP will provide a comprehensive analysis of new guidance from the U.S. Equal Employment Opportunity Commission.

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

Legal Watch

Independent Contractor Misclassification Update 2012: How Companies Can Minimize the Risks
Lexology (05/15/12) Richard J. Reibstein; Lisa B. Petkun; Andrew J. Rudolph

Employers seeking to avoid potential worker misclassification liability have a few options, including restructuring and re-documenting their relationships with independent contractors. This involves adjustments to how much control they have “over the manner and means by which their ICs accomplish their work.” Employers also can reclassify their ICs as employees through a government-sponsored reclassification program or voluntarily, which is less burdensome and costly than being forced to do so by a government agency. Finally, employers can use a work force management company or staffing firm.

Legal Issues Abound in Telecommuting
Minneapolis Finance & Commerce (05/15/12) Dan Heilman

As more companies permit telecommuting, experts say they must pay close attention to legal issues that arise from working outside the office. Employers must take into consideration workers’ compensation issues, because the courts tend to view home locations as extensions of the workplace and hold employers at fault when injuries occur at home. Wage and hour issues also are a concern, with Minneapolis employment attorney Cynthia Bremer stating, “There has to be both a trust relationship and a written understanding that the employee is not using work time to do chores around the house and then checking his computer every so often.”

Trends and Research

IT Jobs: Staffing Levels to Hold Steady
CIO Insight (05/18/12) Dennis McCafferty

The most recent Robert Half Technology IT Hiring Index and Skills Report, a survey of more than 1,400 chief information officers, indicates that chief information officers and other technology managers anticipate an uptick in hiring as the economy begins to recover, but the hiring pace is expected to slow. Most, however, plan to maintain their current level of staffing. Meanwhile, networking talent is first on the staffing firm’s list of the information technology skills that are the hardest to recruit.

Social Media Hiring Still Breaks Records
Wanted Analytics (05/17/12) Abby Lombardi

Hiring demand for social media skills has been increasing for years and continues to do so. The number of job ads continues to grow, with more than 51,000 online job listings including social media requirements in April—both for using social media sites or developing programs and apps for social platforms. That represents a 36% increase compared to the same time period in 2011. Many of the jobs that require social media skills are in marketing, public relations, and technical occupations, but social media skills are also being included in job ads for sales professionals, recruiters, and administrative and support positions.

Headline News
Industrial Production in U.S. Climbs More Than Forecast
Good U.S. Jobs News Can Be Found in Big Business
As Temporary Employment Grows, Pitfalls Seen in Indianapolis
Online Recruiter Monster Updates Its Résumé

Only Three Days Left to Save on Your Staffing World^® Registration
Free ASAPro Webinar Tuesday—New EEOC Enforcement Guidance

Legal Watch
Employers Are Wise to Avoid English-Only Policies in Most Circumstances
Accommodating New and Expectant Mothers: Why Maternity Policies Matter

Trends and Research
Demand for Temporary Doctors Rises Amid Worsening Physician Shortage
Employers in Manufacturing, Hospitality, and Retail Drive Increase in Summer Hiring
Randstad Engineering Employment Report: Worker Confidence Reaches Highest Level in Four Years

Headline News

Industrial Production in U.S. Climbs More Than Forecast
Bloomberg (05/16/12) Lorraine Woellert

The output of the nation’s factories, mines, and utilities surged 1.1% in April, the biggest gain since December 2010, the U.S. Federal Reserve reported today. Economists forecasted a 0.6% gain, according to the Bloomberg News survey median. March production was revised up to a 0.6% decrease from the initial estimate of unchanged, while February production was revised to a 0.4% gain from a flat reading. Factory activity alone rose 0.6% in April after a 0.5% drop in the previous month. Capacity utilization—a gauge of slack in the economy—rose to 79.2% in April from 78.4% in March. This is the highest capacity reading of this business cycle.

Good U.S. Jobs News Can Be Found in Big Business
Bloomberg (05/15/12) Peter Orszag

According to the U.S. Bureau of Labor Statistics’ Job Openings and Labor Turnover Survey, companies with 5,000 or more employees have been hiring U.S. workers at a fairly quick pace, expanding their work forces by an average of 0.4 percentage point a month from January 2011 to February 2012. The data indicate that the weakness in the nation’s labor market reflects slow hiring growth among most smaller companies, which during the same period expanded their work forces by just 0.1 percentage point a month. Meanwhile, companies with nine or fewer workers saw their net employment decline.

As Temporary Employment Grows, Pitfalls Seen in Indianapolis
Los Angeles Times (05/15/12) Alana Semuels

Employment in temporary services rose 8.7% between April 2011 and April 2012, compared with only a 3.5% increase for the broader sector of professional and business services during the same period. In some industries such as warehousing and hospitality, the number of contract employees is growing significantly.

Some companies that rely on temporary workers are facing a backlash from workers. Temporary workers in Indianapolis have filed a lawsuit against 10 hotels and Hospitality Staffing Solutions, alleging the hotels have agreements in place that prevent the workers from leaving the staffing company to work elsewhere. The lawsuit also alleges that the staffing company did not pay them for the full hours they worked for Hyatt Regency Indianapolis.

Online Recruiter Monster Updates Its Résumé
Wall Street Journal (05/15/12) Lauren Weber

Monster Worldwide Inc. has seen its stock tumble from close to $50 in 2006 to less than $7 in early 2012, but chief executive Sal Iannuzzi says the company has been re-energized by the inclusion of advanced search products for recruiters and job boards for government agencies, and he says he is considering such “strategic alternatives” as a sale of all or parts of the company. Iannuzzi, who will not indicate whether there is a potential buyer, says, “The company is stronger today than it’s been at any point in the last seven or eight years. But the stock price just was not indicating that, and I owe it as part of my fiduciary responsibility to increase shareholder value any way that I can.”

ASA for You

Register today to save up to $400 per person for the can’t-miss industry event of the year. This Friday, May 18, is the early registration deadline.

Staffing World 2012, Oct. 9–11 in Las Vegas, offers nearly 40 executive education sessions, three exciting keynote speakers, and more.

Don’t miss the opportunity to save big. Visit staffingworld.org for the latest updates, to hear from past Staffing World attendees, and to register today.
When can employers ask about applicants’ criminal history? How should employers treat applicants’ arrest and pending records? Do employers have to allow applicants an opportunity to provide additional information? Find out Tuesday, May 22, during the ASAPro Webinar “New EEOC Enforcement Guidance—Employers’ Use of Arrest and Conviction Records” sponsored by People 2.0.

Attorneys Gerald L. Maatman and Pamela Q. Devata of Seyfarth Shaw LLP will provide a comprehensive analysis of new guidance from the U.S. Equal Employment Opportunity Commission.

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

Legal Watch

Employers Are Wise to Avoid English-Only Policies in Most Circumstances
JDSupra (05/11/2012)

Employers may believe that policies requiring employees to speak only English at work foster communication among employees and put a stop to rude or inconsiderate behavior toward employees who speak only English, but experts say such policies could expose them to liability. In California, for instance, employers can institute English-only policies only if justified by a business necessity, and employers must spell out when language restrictions must be observed as well as the consequences for violations. The U.S. Equal Employment Opportunity Commission also requires that such policies be justified by a business necessity.

Accommodating New and Expectant Mothers: Why Maternity Policies Matter
HR.BLR.com (05/14/12) Tiffany S. Fordyce

To prevent potential problems in the workplace, companies need to implement a comprehensive written maternity policy for expectant and new mothers. The policy should cover the length of maternity leave available; who the employee should contact in case of any pregnancy- and leave-related issues; how much advance notice is required to begin maternity leave and how the notice should be documented; how the Family and Medical Leave Act interacts with maternity leave; and what accommodations the company will offer to new mothers. The policy should treat employees consistently and treat pregnancy-related issues like other medical issues. Companies should also keep in mind that pregnancy-related disabilities can require compliance with the Americans With Disabilities Act.

Trends and Research

Demand for Temporary Doctors Rises Amid Worsening Physician Shortage
Forbes (05/15/12) Bruce Japsen

The doctor shortage is growing worse, and that shortage means doctors looking for temporary assignments are in demand. As more Americans gain health care benefits under the Affordable Care Act, the need for doctors is expected to grow.

AMN Healthcare subsidiary Staff Care says because hospitals and medical groups can’t find enough permanent doctors, they are increasingly turning to locum tenens doctors. “In a down economy, people don’t see the doctor unless they have to, either to avoid deductibles or because they are not insured—and there still are not enough physicians to go around,” notes Staff Care president Sean Ebner. The company says its number of “temporary days filled” for its clients rose to 183,252 last year from 181,834 in 2010 even at a time when hospitals and health facilities are seeing cuts in government health insurance programs that pay them.

Employers in Manufacturing, Hospitality, and Retail Drive Increase in Summer Hiring
MarketWatch (05/16/12)

The pace of job creation may pick up over the summer months, fueled by an expected increase in seasonal hiring. Three in 10 (29%) U.S. employers plan to hire workers for the summer, up from 21% in 2011 and an average of 22% over the past four years, according to ASA corporate partner CareerBuilder’s annual Summer Job Forecast. Stronger-than-expected growth in the manufacturing sector, as well as increased consumer confidence heading into vacation season, are likely behind the busier summer hiring season. Approximately 45% of employers in the manufacturing industry plan to add summer workers, followed by hospitality (44%), retail (34%), and finance (31%).

“Confidence is up among the employers we most closely associate with summer hiring. This is good news for job seekers, as seasonal work can often lead to full-time opportunities. A majority of employers told us they consider a summer position an extended job interview,” says Brent Rasmussen, president of CareerBuilder North America. “The forecast is also a strong indicator that the job market will continue to strengthen as we come closer to the second half of 2012.”

Randstad Engineering Employment Report: Worker Confidence Reaches Highest Level in Four Years
PRNewswire (05/15/12)

The Randstad Engineering Employee Confidence Index, a measure of overall confidence among U.S. engineering workers, was 64.9 in the first quarter of 2012—the highest level of confidence recorded since the third quarter of 2007, when the index stood at 66.2. The first-quarter results show high levels of optimism when it comes to engineers feeling confident in their own personal employment situation.

“Given the strength of the engineering industry, it was not surprising that the Randstad Engineering Employee Confidence Index was the highest among all other professions tracked,” says Richard Zambacca, president of Randstad Engineering. “According to the Department of Labor, there were more than 1.6 million jobs in engineering at the end of Q1 2012 and this is expected to grow at 11% over the next 10 years. Based on this projected growth, it is likely that our Index will continue to report high levels of confidence, on both a macroeconomic and personal level.”

Register for Staffing World by Friday for Best Deal

The Staffing World early registration deadline is Friday, May 18, and it’s your very last chance to save up to $400 per person. Register today. Now is also the best time to book your suite at the Venetian Resort Hotel Casino—ask for the special ASA convention group rate.

With nearly 40 executive education sessions and three exciting keynote speakers, Staffing World 2012, Oct. 9–11, in Las Vegas is the can’t-miss event for staffing executives.

Visit staffingworld.org to learn more and register. Not feeling the excitement yet? Check out this short video that encapsulates the Staffing World experience.

Share      

Headline News
Economists Forecast Subdued Growth in 2012
Monster Deal Heats Up, LinkedIn to Pass: Sources
Thompson Resigns as CEO of Yahoo

Free ASAPro Webinar Tomorrow—Dominate Your Niche
Take Part in a Section Forum at Staffing World^® 2012

Legal Watch
ASA Files Comments With USCIS on Proposed Changes to Form I-9
Making Different Severance Benefit Offers to Dismissed Employees May Be Unlawful Discrimination
Labor: Retaliation Under the FLSA—Where Do We Stand?

Trends and Research
Why Small-Business Owners Are Hesitant to Hire
10 Jobs That Didn’t Exist 10 Years Ago
Hiring Demand for Civil Engineers Is Growing

Headline News

Economists Forecast Subdued Growth in 2012
Wall Street Journal (05/14/12) Phil Izzo

Economists surveyed by the Wall Street Journal say the economy likely will grow so slowly this year that the unemployment rate will largely be unaffected. The economists predict slow but steady growth and say the economy should add about 185,000 jobs a month over the next year. The jobless rate—at 8.1% in April—will likely end the year at 7.9%. A third of the economists believe political inaction is the biggest risk to growth. “If business anticipates a fiscal shock, investment and hiring may slow later this year,” says Lou Crandall of Wrightson ICAP.

Monster Deal Heats Up, LinkedIn to Pass: Sources
Reuters (05/11/12) Nadia Damouni; Soyoung Kim

Monster Worldwide Inc. has drawn interest from a number of potential buyers, reportedly including private equity firm Silver Lake Partners, although at least one would-be suitor, LinkedIn Corp., has apparently decided not to pursue a deal after an initial look. Monster, which runs Monster.com and HotJobs.com Web sites, said in March it retained Stone Key Partners and Bank of America Merrill Lynch to review strategic alternatives, including selling all or part of the company. The company reportedly plans to send out financial information to interested parties by the end of next week.

The sale talks come as Monster’s model of job ads is facing new competition from social media such as Facebook and LinkedIn. Online jobs firms have been buffeted by broader macro-economic challenges as have traditional staffing companies. The industry has seen a recovery in U.S. demand for workers, but softer staffing markets in Europe.

Thompson Resigns as CEO of Yahoo
Wall Street Journal (05/14/12) Amir Efrati; Joann S. Lublin

Yahoo Inc.’s chief executive has resigned over a misstated academic record. Heidrick & Struggles International provided the company’s board with data that appeared to indicate Scott Thompson years ago knowingly claimed to have a computer-science degree that he did not actually possess. Thompson had claimed that a Heidrick & Struggles employee had altered his biographical material, which the executive-search firm swiftly denied. “Based on information in our possession, this allegation is verifiably not true and we have notified Yahoo to that effect,” L. Kevin Kelly, Heidrick’s chief executive officer, stated in a strongly worded letter to employees late Friday denying Thompson’s allegations.

ASA for You

Tomorrow afternoon, don’t miss the ASAPro Webinar “Dominate Your Niche—Become a True Market Specialist.” Presented by the ASA search and placement section, this Webinar is for staffing professionals who want to refine niche-focused recruiting skills to demonstrate why clients should partner with their firm. ASA sections are sponsored by RCS Services.

All ASAPro Webinars are free for ASA members. Register online at americanstaffing.net.
Share your sector-specific expertise by participating in a Section Forum at Staffing World, Oct. 9–11, in Las Vegas. Section Forums provide a rapid-fire learning format during which presenters speak for 10 minutes on a topic of their choice, followed by five minutes of discussion. Staffing World will feature six Section Forums, each representing an industry sector. The deadline to volunteer and submit a proposal is Friday, May 18.

Visit americanstaffing.net for submission guidelines and timelines. E-mail all materials to sections@americanstaffing.net.

ASA addresses the sector-specific needs of its members through six sections and it’s free for members to enroll in one or more: Health Care; Industrial; Office–Administrative; Professional; Search and Placement; and Technical, IT, and Scientific.

Legal Watch

ASA Files Comments With USCIS on Proposed Changes to Form I-9
American Staffing Association (05/14/12) Ed Lenz

On May 10, ASA filed comments with U.S. Citizenship and Immigration Services addressing proposed changes to the 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. The current iteration of the form is set to expire Aug. 31, and final revisions to the form are expected to be issued this fall. ASA filed comments in response to a public request issued by USCIS in March of this year.

The law requires that the Form I-9 be completed on the “date of hire.” The government considers date of hire to be the date an employee accepts a job offer, irrespective of when the employee starts work for pay. Most staffing firms consider “date of hire” to be the time a job candidate consents to be included in the staffing firm’s roster of temporary employees. The government has long recognized this practice.

The employer section (Section 2) of the current Form I-9 refers to the date “the employee began employment” (i.e., date of hire), but the proposed new form refers instead to “the employee’s first day of work for pay”—which would mean staffing firms would have to wait to complete the employer section of the form until an employee actually starts an assignment.

Making Different Severance Benefit Offers to Dismissed Employees May Be Unlawful Discrimination
Lexology (05/01/12) Theodore A. Olsen

Attorneys caution employers against offering different severance benefits to departing employees and recommend that they implement severance pay plans that detail the amount of pay employees can expect. The U.S. Court of Appeals for the Fourth Circuit ruled in Gerner v. County of Chesterfield that different severance pay amounts could constitute an adverse action under Title VII even when lower amounts are offered after the employee’s employment has been terminated. Employers offering different severance terms can face discrimination liability.

Labor: Retaliation Under the FLSA—Where Do We Stand?
JDSupra (05/09/2012)

In Kasten v. Saint-Gobain Performance Plastics Corp., the U.S. Supreme Court altered how complaints are filed by employees under the Fair Labor Standards Act. Courts previously ruled that statutory language indicates that complaints must be filed in writing for employees to be protected by the law’s antiretaliation provisions, but in this case, the court ruled that oral complaints as part of the company’s internal grievance procedure were considered filed and gave the employee protection against retaliation. Experts say employers must pay close attention to the issue because courts are likely to further broaden the scope of filed complaints.

Trends and Research

Why Small-Business Owners Are Hesitant to Hire
Associated Press (05/13/12) Joyce M. Rosenberg

Many small businesses do not plan to hire additional employees because of the uncertain economic picture. The economy is growing, but at a slower rate than was seen late in 2011. Furthermore, the pace of hiring by small companies is slowing, according to ADP. When small businesses begin taking out loans, that could be a sign that hiring will pick up. Currently, however, most small businesses aren’t even tapping their open lines of credit, says Paul Merski, chief economist with the Independent Community Bankers of America.

10 Jobs That Didn’t Exist 10 Years Ago
Forbes (05/11/12) Meghan Casserly

Industries on the rise offer something uniquely appealing to 20-somethings graduating from college and looking for jobs: the opportunity to seize brand new positions where competition has not reached critical mass. Jobs that did not exist a decade ago include app developer; market research data miner; educational or admission consultant; millennial generational expert; social media manager; chief listening officer; cloud computing services professional; sustainability expert; and user experience designer.

Hiring Demand for Civil Engineers Is Growing
Wanted Analytics (05/12/12) Abby Lombardi

There were more than 3,700 online job ads in April for civil engineers, a 45% increase over the same month in 2011. The cities with the most job ads for civil engineers were Houston, Los Angeles, New York, Washington, DC, and Chicago.

Headline News
Cross Country Healthcare Reports First-Quarter 2012 Results
Jobless Claims in U.S. Fell 1,000 Last Week to 367,000

Free ASAPro Webinar Today—Selling to Price-Conscious Buyers
Substantial Savings on Staffing World^® 2012 for ASA Members

Legal Watch
Tennessee Gov. Bill Haslam Signs Bill Toughening Standards for Receiving Unemployment Benefits
OSHA Criticizes Safety-Incentive Programs, Encourages Whistleblowers
Is the Scope of Protected ‘Opposition’ Shrinking?
Five Quick Tips on Handling E-Discovery in Employment Litigation

Trends and Research
New U.S. Commerce Department Report: Manufacturing Jobs Provide Higher Pay, More Benefits
Skills That Health Care Employers Require of Occupational Therapists

Headline News

Cross Country Healthcare Reports First-Quarter 2012 Results
Cross Country Healthcare Inc. News Release (05/09/12)

Cross Country Healthcare Inc. has reported revenue of $126.7 million in the first quarter ended March 31, a 4% increase from revenue of $122 million in the prior-year quarter and a 2% increase sequentially from the fourth quarter of 2011. The company incurred a net loss in the first quarter of 2012 of $0.6 million, which included income and non-income tax expenses related primarily to immaterial adjustments to prior-year amounts of $0.5 million after-tax. In the same quarter of the prior year, the company had revenue of $122 million and net income of $0.2 million.

Jobless Claims in U.S. Fell 1,000 Last Week to 367,000
Bloomberg (05/10/12) Lorraine Woellert; Timothy Homan

The number of Americans who filed requests for jobless benefits fell by 1,000 last week to 367,000, the U.S. Department of Labor reported today. Claims from two weeks ago were revised up to 368,000 from 365,000. The data is in line with the median forecast in a Bloomberg News survey, and indicate the surge in claims in the first three weeks of April was probably tied to the timing of the Easter holiday rather than a deterioration in employment.

ASA for You

This afternoon from 3 to 4 p.m. Eastern time, attend the ASAPro Webinar “Sell Profitably to a Price-Conscious Buyer” and find out how you can keep and even increase your profits. This one-hour Webinar is designed to teach you to defuse rate and budget objections—even in an environment with clients that are more demanding and less loyal.

All ASAPro Webinars are free for ASA members. Register online at americanstaffing.net.
ASA members that register people for Staffing World 2012 by May 18 can save up to $400 per person.

ASA membership provides many benefits, including access to professional development, important industry data, legal and legislative updates, and marketing resources.

Attend Staffing World, the can’t-miss event of the year, and take advantage of premier education opportunities such as nearly 40 workshops and a keynote lineup that includes best-selling author and business consultant Jim Collins.

The ASA annual convention is Oct. 9–11 in Las Vegas. The Staffing World early registration deadline is next Friday, May 18. Learn more and see how you save up to $700 at staffingworld.org.

Legal Watch

Tennessee Gov. Bill Haslam Signs Bill Toughening Standards for Receiving Unemployment Benefits
Tennessean (05/10/12) Brian Wilson

Tennessee Gov. Bill Haslam signed into law on May 9 three measures tightening eligibility standards for people to receive state unemployment benefits. The series of bills makes it more difficult for individuals fired with cause to receive benefits. It also requires unemployment recipients to apply for at least three jobs every week or go to a local career center and then submit detailed information to verify these applications. The system’s changes will greatly benefit small businesses, says the legislation’s main proponent, Lt. Gov. Ron Ramsey.

OSHA Criticizes Safety-Incentive Programs, Encourages Whistleblowers
JDSupra (05/03/2012)

Companies may want to move away from safety-management programs that mainly track the program’s effectiveness based upon recordable injuries. The U.S. Occupational Safety and Health Administration has criticized such programs and is encouraging whistleblowers instead.

Companies should carefully review the March 12 memo on “Employer Safety Incentive and Disincentive Policies and Practices.” OSHA considers “reporting an injury to always be a protected activity” and looks askance at companies that discipline, terminate, or take other adverse action against an employee who reports a workplace injury.

Is the Scope of Protected ‘Opposition’ Shrinking?
Lexology (05/01/12) Theodore A. Olsen

Employees are protected from retaliation when opposing illegal discrimination or participating in a proceeding that claims discrimination under Section 704 of Title VII and other employment discrimination laws, but the courts have long ruled that they are not protected when complaining about working conditions not associated with prohibited discrimination. However, there have been several surprising decisions in “opposition” cases recently. In Brush v. Sears Holdings Corp., for instance, the plaintiff claimed she was terminated after investigating an employee’s sexual harassment claim because she complained that the company was not sufficiently addressing sexual assaults of female workers, but the court ruled that her complaints did not constitute “protected opposition.” According to the court, complaints about internal grievance processes and challenges to these grievance systems are not protected opposition under Title VII, because employers are not legally required to have such processes and the absence or inadequacy of such systems does not violate the law.

Five Quick Tips on Handling E-Discovery in Employment Litigation
Lexology (04/30/12) Adam C. Losey; Scott Callen

A greater focus on electronic discovery has made employment litigation more costly and time-consuming, but there are several things employers can do to handle e-discovery efficiently and effectively. They should implement a legal review process to determine whether e-mail and other electronic information should be preserved and then keep these documents safe, and they should implement a document-retention policy detailing the management, storage, and deletion of data. Employers should understand that electronic information includes not only e-mail but also timekeeping systems, payroll systems, and data stored in the cloud. Finally, they should consult an e-discovery professional to ensure they are not spending too much on discovery requests, and they should consider using review technology to identify relevant documents in litigation.

Trends and Research

New U.S. Commerce Department Report: Manufacturing Jobs Provide Higher Pay, More Benefits
MarketWatch (05/09/12)

Manufacturing jobs are becoming more skilled and heavily reliant on science, technology, engineering, and math fields, according to a new report from the U.S. Commerce Department’s Economics and Statistics Administration, and the compensation reflects this. “The Benefits of Manufacturing Jobs,” an analysis of wages and benefits of manufacturing workers, finds that total hourly compensation for manufacturing workers is 17% higher than for non-manufacturing workers.

In addition to higher compensation for manufacturing jobs, the share of manufacturing workers with more than a high school degree has been steadily increasing, and now more than half of all manufacturing workers have at least some college education. According to the U.S. Bureau of Labor Statistics, manufacturing employment has expanded by nearly 500,000 jobs, or 4%, since January 2010—the strongest cyclical rebound since the wake of the dual recessions in the early 1980s.

Skills That Health Care Employers Require of Occupational Therapists
Wanted Analytics (05/09/12) Abby Lombardi

Employers placed more than 9,400 job ads online for occupational therapists in April, a 41% increase compared with the same month in 2011. An examination of the nationwide hiring demand and talent supply indicates that these positions are likely to be very difficult for recruiters to fill. Recruiters in the health care space leave job ads for occupational therapists online for an average of 47 days.

Headline News
Adecco Achieves Solid Profitability in Q1 2012
CDI Corp. Reports 2012 First Quarter Results
Conference Board Employment Trends Index Increases in April
Small-Business Optimism Gains Two Points in April

Network in Your Niche: ASA Office–Administrative Section

Legal Watch
W-4 Forms: Payroll Compliance Tips

Trends and Research
More Than Half of U.S. Workers Anticipate Job Market Turnaround, Signaling Critical Opportunity for Companies to Re-Engage Work Force
Health Care Job Growth Outpaces Other Industries
The Business Case for Hiring Veterans
Study: Expect More California Jobs in Second Quarter

Headline News

Adecco Achieves Solid Profitability in Q1 2012
Adecco Group News Release (05/08/12)

Adecco today reported a 12% increase in net profit on a 2% increase in sales and said it would continue to focus on profitability in the coming months. The company’s net profit for the quarter stood at 112 million euros compared with 100 million euros in 2011, while first-quarter revenue finished at 5.04 billion euros compared with 4.92 billion euros in 2011.

In North America, Adecco’s revenues increased by 1% in constant currency to 964 million euros ($1.253 billion U.S.). General staffing revenues grew by 3% in constant currency. Professional staffing revenues were flat year-on-year, held back by information technology staffing, but with the finance and legal, and medical and science segments growing by double digits. Permanent placement revenues were up 14% in constant currency.

CDI Corp. Reports 2012 First Quarter Results
CDI Corp. News Release (05/08/12)

CDI Corp. today reported revenue of $280.6 million for the first quarter, up 9.3% compared with the prior-year first quarter, with all three segments reporting gains. First-quarter net income was $3.8 million compared with $0.7 million in the prior-year first quarter. The company reported gross profit margin of 19.8% compared with 21.2% in the same period last year.

CDI’s professional services staffing segment reported a 12.2% increase in first-quarter revenue versus the prior-year first quarter. Operating profit more than doubled to $5.8 million versus the prior-year first quarter driven by the increased revenue and lower expenses.

Conference Board Employment Trends Index Increases in April
Conference Board News Release (05/07/12)

The Conference Board Employment Trends Index increased 0.8% in April to 108.04, up from the revised figure of 107.18 in March. The April figure is 7.1% higher than a year ago. April’s increase in the ETI was driven by positive contributions from five of the eight components, including employees hired by the temporary help industry.

“The growth in the Employment Trends Index in recent months is signaling moderate improvements in employment,” says Gad Levanon, director of macroeconomic research at the Conference Board. “We did not expect employment growth in December to February, averaging almost 250,000 a month, to continue. However, the disappointing job gain in April (115,000) is probably below the current trend and should pick up to about 150,000-175,000 jobs a month through the summer.”

Small-Business Optimism Gains Two Points in April
NFIB News Release (05/08/12)

After declining in March, the National Federation of Independent Business’ Index of Small Business Optimism gained 2 points in April, settling at 94.5. However, April’s gain only returns the index to its February 2011 level, indicating that in a year, the net gain has been zero. While March did not post strong job creation numbers, labor market indicators did improve.

ASA for You

Looking for best practice ideas for office and administrative staffing? Want to build a network of staffing professionals who face the same challenges and opportunities you do? Searching for ways to maximize the value of your ASA membership? Join the office–administrative section.

Section benefits include Webinars with industry experts that address the unique education needs of the office–administrative staffing sector, best practices, a sector-specific model contract, Section Forums at the ASA annual convention, sector-specific data, and a private networking group on LinkedIn.

Individual enrollment is free and open to all ASA members specializing in office and administrative staffing—sign up today. To learn more, visit americanstaffing.net.

Legal Watch

W-4 Forms: Payroll Compliance Tips
Business Management Daily (05/03/12)

Forms W-4 remain in effect until employees update them at any time of their choosing, but the U.S. Internal Revenue Service requires updates within 10 days if an employee had claimed married status and has divorced, or the employee’s number of withholding allowances decreases. If withholding allowances will be lowered in the coming year based on events in the current year, the Form W-4 must be updated by Dec. 1, and those claiming income tax withholding exemptions must update their forms every year by Feb. 15.

Forms W-4 must be considered invalid if oral or written communications deem information in them to be false, alterations have been made to the form, or the form is not complete, and until a valid form has been submitted, employers can withhold as if the employee is single with zero withholding allowances or withhold based on a previously filed, valid form.

Trends and Research

More Than Half of U.S. Workers Anticipate Job Market Turnaround, Signaling Critical Opportunity for Companies to Re-Engage Work Force
Randstad News Release (05/07/12)

A new study from Randstad revealed that U.S. workers are feeling more secure in their jobs and less likely to make sacrifices to keep their jobs as they see a more promising future on the horizon. Approximately 75% of U.S. workers feel secure in their jobs and 54% expect the job market to pick up this year.

“Employees are indicating greater job security, which is a good sign for companies. As employees regain their job confidence, there is a real opportunity for employers to re-engage their work forces to maximize and improve performance, productivity, and output,” says Joanie Ruge, senior vice president and chief employment analyst for Randstad Holding U.S.

Health Care Job Growth Outpaces Other Industries
Fierce Healthcare (05/07/2012) Karen M. Cheung

The U.S. Bureau of Labor Statistics indicates that the health care industry is adding jobs faster than other sectors. Of the 19,000 health care jobs added in April, 4,100 were at hospitals, and 15,400 were in home health, physician offices, outpatient care centers, and other ambulatory health care services. Around 500 jobs were lost in nursing and residential care facilities. However, IHS chief economist Nariman Behravesh believes that within a few years, employment and wage growth will take a hit as part of a strategy to curtail health care costs.

The Business Case for Hiring Veterans
Seattle Post-Intelligencer (05/07/12)

A 2011 Apollo Research Institute survey of 831 hiring managers found that 39% viewed the hiring of military personnel less favorably when considering issues related to post traumatic stress disorder. Former Army doctor and psychiatrist Harry Croft says employers should consider hiring veterans if they want dedicated and loyal employees who think quickly and pay attention to detail. He says employers should know the symptoms of PTSD to help them handle veterans who may be struggling with it, and they should understand that PTSD does not involve violent behavior. Employers should understand that veterans work better in pairs or groups, offer them someone with whom they can discuss their PTSD in confidence, and hire veterans not because of tax breaks or patriotism but because they are the best candidates for the job.

Study: Expect More California Jobs in Second Quarter
San Diego Union Tribune (05/07/12) Jonathan Horn

Chapman University’s California Employment Indicator Index rose to 110.4 in the second quarter from 109.1 in the first quarter, with readings over 100 meaning positive job growth is expected. The number of jobs created statewide should rise to 65,000 in the second quarter from 58,000 during the first quarter, says Esmael Adibi, director of the Anderson Center for Economic Research at Chapman. Just over 18,000 jobs were created in April, with an unemployment rate of 11%, and Adibi says, “I believe a little improvement should show up in the next few quarters.”

BLS: Staffing Employment Increases in April

Seasonally adjusted employment data released Friday by the U.S. Bureau of Labor Statistics indicated that staffing industry employment increased last month, adding 21,100 jobs (up 0.9% from March to April). In a year-to-year comparison, temporary help employment for the month was 8.7% higher than in April 2011.

U.S. nonfarm payroll employment in April rose by 115,000, a significantly lower rate of job creation than the 252,000 monthly average noted from December 2011 through February 2012. In April, most of the employment growth was driven by new job creation in professional and business services, retail trade, health care, and manufacturing; declines were noted in transportation and warehousing.

“Businesses continue to embrace flexible staffing solutions as they navigate through this bumpy recovery,” says Richard Wahlquist, president and chief executive officer of the American Staffing Association. “For workers, this means more opportunities to get a foot in the door with companies that are ramping up their temporary and contract work forces.”

Nonseasonally adjusted BLS data, which estimate the actual number of jobs in the economy, indicated that the staffing industry added 47,900 jobs (up 2.0%) March to April. On a year-to-year basis, there were 8.2% more staffing employees in April than in the same month of 2011.

Full Story Available

Headline News

AMN Healthcare Announces First-Quarter 2012 Results
AMN Healthcare Services News Release (05/03/12)

AMN Healthcare Services Inc. reported that for the first quarter of 2012, consolidated revenue was $226 million, an increase of 2% sequentially and 5% from the same quarter last year. Net income from continuing operations was $3.5 million for the quarter. First-quarter revenue for the nurse and allied health care staffing segment was $154 million, up 4% sequentially and 14% from the same quarter last year. The locum tenens staffing segment generated revenue in the first quarter of $64 million, a decrease of 2% sequentially and 10% from the same quarter last year. First-quarter physician permanent placement services segment revenue was $9 million, a decrease of 4% sequentially and 17% from the same quarter last year.

Analysts International Corp. Reports First Quarter 2012 Financial Results
Analysts International Corp. News Release (05/03/12)

Analysts International Corp. reported first-quarter revenue of $26.7 million as compared with 2011 first-quarter revenue of $26.3 million. AIC reported 2012 first-quarter net income of $0.2 million, essentially flat with the first quarter of 2011. In the first quarter of 2012, gross profit was $6.4 million, compared with $6.3 million in the first quarter of 2011.

U.S. Adds 115,000 Jobs; Unemployment Rate at 8.1%
Wall Street Journal (05/04/12) Jeffrey Sparshott; Josh Mitchell

The U.S. economy added 115,000 jobs in April as hiring slacked off for the second straight month, the U.S. Department of Labor reported today. The unemployment rate, meanwhile, dipped to 8.1% from 8.2%, as nearly 350,000 people dropped out of the labor force. Economists surveyed by Dow Jones Newswires expected a gain of 168,000 in payrolls and for the jobless rate to remain at 8.2% in April.

On a positive note, March payrolls grew by an upwardly revised 154,000 from an initially reported 120,000, and February payrolls posted a gain of 259,000, compared with an earlier estimate of 240,000. The report showed that private companies again fueled the growth, adding 130,000 jobs in April. Job growth came from a variety of sectors. Professional and business services, which include temporary help, engineering, and software design, added 62,000 jobs.

U.S. Saw Fewer Layoffs in April and More Voluntary Departures
Minneapolis Star Tribune (05/03/12) Dee DePass

The U.S. Department of Labor reports a decrease in layoffs to a 10-month low of 1.7 million in February from 2.4 million in February 2009 and a jump in the number of workers quitting their jobs to 2.1 million from 1.8 million over the same time span. More “quits can be seen as a measure of what people think about the economy, because you are not likely to quit a job unless you have another one or think there is another job out there for you,” says Guy Podgornik, an economist at the U.S. Bureau of Labor Statistics. Jim Kwapick, senior vice president at Robert Half International, says more workers in the information technology and accounting sectors, in particular, are considering multiple job offers.

ASA for You

The search and placement section is a niche community for ASA member companies that provide direct hire placement and special recruiting services. Sector-specific issues the section will address this year include defining recruitment processing outsourcing, counteroffers, and basic methods for controlling the client and the candidate.

Section benefits include Webinars with industry experts that address the unique education needs of the search and placement staffing sector, best practices, Section Forums at the ASA annual convention, sector-specific data, and a private networking group on LinkedIn.

Individual enrollment is free and open to all ASA members specializing in direct hire placement—sign up today. To learn more, visit americanstaffing.net.
The early registration deadline for Staffing World is just two weeks away. Don’t miss the opportunity to register for this can’t-miss event at a discount. Here are three reasons to register right now.

1. Save money. You save up to $400 per person, when you register by May 18.

2. See Jim Collins. Back by popular demand, Jim Collins is among the can’t-miss keynote speakers at Staffing World 2012.

3. Experience the content. Staffing World delivers premier executive education offerings you won’t find anywhere else.

Staffing World 2012 takes place Oct 9–11 in Las Vegas. Register today.

Legal Watch

NLRB ‘Ambush Election’ Rules Clear Their First Hurdle
Employer Labor Relations Blog (04/30/2012)

The National Labor Relations Board’s “quickie election” rules, which expedite the processing of petitions for election filed by a union with the NLRB, went into effect April 30. The rules substantially limit a company’s ability to legally challenge a union petition. A District Court judge earlier had denied a motion to stay the implementation of the rules. However, the judge is still considering the merits of a lawsuit, Chamber of Commerce, et al. v. NLRB, and plans to issue a decision by May 15.

Among other things, if the new rules are upheld they will give an NLRB hearing officer the ability to limit the evidence that can be brought at a representation case hearing; give the hearing officer the authority to deny a party the right to file a post-hearing brief; and do away with a party’s right to have the NLRB review a decision by a regional director that directs an election.

Trends and Research

Monster Employment Index U.S. Remains Relatively Unchanged on Annual Basis
Monster Worldwide Inc. News Release (05/04/12)

The Monster Employment Index U.S. is holding relatively steady, growing 1% year-over-year. The index rose 2% month-over-month. Transportation and warehousing continues to outpace all other industries, while retail trade is weakening, now recording single-digit annual growth of 6%. Arts, entertainment, and recreation; educational services; utilities; and public administration declined on an annual basis. All metro markets tracked by the index continue to exhibit positive annual growth.

Three in 10 Companies Expect to Hire for Executive-Level Positions Over Next Six Months, According to CareerBuilder and HeadHunter.com Survey
CareerBuilder News Release (05/03/12)

The hiring landscape for executives is improving along with the rest of the labor market, according to a new survey from ASA corporate partner CareerBuilder and HeadHunter.com. Thirty-one percent of employers expect to hire for executive-level positions over the next six months, up from 23% in October’s forecast.

Employers are recruiting senior leadership for a range of business functions, but certain areas will see the most focus. Of employers hiring executives, nearly a quarter (24%) will hire in business development, followed by information technology (23%), sales (22%), marketing (19%), and accounting or finance (19%).

“Hiring trends for executive-level management mirror what we’re seeing in the labor market for all workers,” says Brent Rasmussen, president of CareerBuilder North America. “As companies look to expand their sales force, develop new products, and improve their tech infrastructure, the need for diverse, experienced leadership grows along with these initiatives.”

Adecco Graduation Survey 2012
Adecco Group News Release (05/01/12)

Adecco Group North America’s 2012 Graduation Survey of 507 recent college graduates of four-year programs between the ages of 22 and 26 shows that 94% would be willing to relocate, 71% for a job offer with higher pay and 51% for a job offer in their dream city. Around 18% would leave their job if it did not fit their interests. The survey also shows that recent graduates expect benefits, flexibility, high salaries, and a good company culture, among other things, and want the ability to take personal phone calls and check personal e-mails while at work. Of those polled, 36% had a permanent job in the field they studied as an undergraduate, 18% had part-time positions, and 2% had temporary jobs.

Headline News
Kforce Reports Quarterly Revenues of $268.4 Million From Continuing Operations
Hudson Global Reports 2012 First Quarter Results, Announces Strategic Restructuring Charge
RCM Technologies Inc. Announces Results
ADP Says Companies Add Fewest U.S. Workers in Seven Months
April 2012 Manufacturing ISM Report on Business
Volt Information Sciences Names Ron Kochman President and CEO

Why Should You Attend Staffing World^® 2012?
Network in Your Niche: ASA Industrial Membership Section

Legal Watch
Keep an Open Ear
How Maintaining Good Records Can Help Avoid Employee Lawsuits
Wal-Mart to Pay $4.8 Million in Back Wages, Damages

Trends and Research
Labor Forecast Predicts 8.2% Increase in Demand for Temporary Workers in 2012 Second Quarter
How Technology Can Make Hiring the Right Candidates Easier

Headline News

Kforce Reports Quarterly Revenues of $268.4 Million From Continuing Operations
Kforce Inc. News Release (05/01/12)

Kforce Inc. reported revenues from continuing operations for the quarter ended March 31 were $268.4 million compared with $259.3 million for the quarter ended Dec. 31, 2011, an increase of 3.5% and compared with $236.4 million for the quarter ended March 31, 2011, an increase of 13.5%. For the quarter ended March 31, Kforce reported net income of $4.1 million, or $0.12 per share, versus $7.1 million, or $0.20 per share, for the quarter ended Dec. 31, a decrease of 42.5% in net income and 40.0% in earnings per share. Net income for the first quarter of 2012 decreased 15.8%, versus the first quarter of 2011, which had net income of $4.8 million.

Hudson Global Reports 2012 First Quarter Results, Announces Strategic Restructuring Charge
Hudson Global Inc. News Release (05/01/2012)

Hudson Global Inc. has announced financial results for the first quarter ended March 31, 2012. The company reported revenue of $200.6 million, a decrease of 8.2% from the first quarter of 2011, or 8.9% in constant currency. There was a net loss of $3.2 million, compared with a net loss of $0.0 million for the first quarter of 2011.

RCM Technologies Inc. Announces Results
RCM Technologies News Release (05/01/2012)

RCM Technologies Inc. announced revenues of $38.2 million for the 13-week period ended March 31, down from $38.7 million for the 13-week period ended April 2, 2011 (comparable prior year period). The company had operating income of $1.8 million for the 13-week period ended March 31, as compared with $2.1 million for the comparable prior year period. Net income for the 13-week period ended March 31 was $1.1 million, or $0.08 per diluted share, as compared with net income of $1.2 million, or $0.09 per diluted share, for the comparable prior year period.

ADP Says Companies Add Fewest U.S. Workers in Seven Months
Bloomberg (05/02/12) Shobhana Chandra

Private-sector payrolls increased 119,000 in April, led by the service-providing sector and small and medium businesses, according to the ADP employment report released today. The median forecast of economists surveyed by Bloomberg News called for a 170,000 advance. The March level was revised to a gain of 201,000 from a prior estimate of 209,000.

Companies may remain hesitant about expanding their work force until they see more evidence that the gains in consumer spending, which accounts for about 70% of the economy, will be sustained. “Employment growth is slowing,” says David Sloan, an economist at 4Cast Inc. in New York. “The economy is growing at a fairly slow pace, though it’s sustainable.”

April 2012 Manufacturing ISM Report on Business
Institute for Supply Management News Release (05/01/2012)

Economic activity in the manufacturing sector expanded in April for the 33rd consecutive month, and the overall economy grew for the 35th consecutive month, say the nation’s supply executives in the latest Manufacturing ISM Report on Business. “The PMI registered 54.8%, an increase of 1.4 percentage points from March’s reading of 53.4%, indicating expansion in the manufacturing sector for the 33rd consecutive month. Sixteen of the 18 industries reflected overall growth in April, and the new orders, production, and employment indexes all increased, indicating growth at faster rates than in March,” says Institute for Supply Management chairman Bradley J. Holcomb.

Volt Information Sciences Names Ron Kochman President and CEO
Volt Information Sciences News Release (05/01/12)

Volt Information Sciences Inc. has announced that Ron Kochman has been named president and chief executive officer, replacing Steven Shaw who has resigned from this position and will be pursuing other opportunities. Kochman has also been elected to Volt’s board of directors. The company also announced that interim chief financial officer James Whitney Mayhew has been appointed chief financial officer and that Jerry Shaw, a co-founder of the company, will rejoin the board. Kochman has previously served in various executive roles over the past 25 years at Volt, most recently as senior vice president of strategic planning.

ASA for You

At Staffing World, during three intense days of high-level, interactive learning and industry-specific content offered nowhere else, you will find more than 30 premier executive education opportunities you can’t afford to miss.

Take a look at these workshop titles. They’re just a sample of the industry’s best executive education offered at the ASA annual convention and expo:

• “Transformational Technology: Today’s Hottest Tech Tools”
  
• “Buying or Selling in Today’s M&A Market”
  
• “Break Free From the Competition”
  
• “Win the Battle for Top Talent”
  
• “Use a Board as a Strategic Weapon”

Staffing World 2012, Oct 9–11 in Las Vegas, is the world’s largest industry convention and expo—and it’s three days you can’t afford to miss. Register today at staffingworld.org.
Looking for safety best practices? Want to build a network of professionals who face the same challenges and opportunities as you? Join the ASA industrial membership section.

The industrial membership section brings together ASA members from different industrial staffing companies as friendly competitors to share best practices and overcome shared challenges. Sector-specific issues that the industrial membership section will address this year include safety best practices, strategies for transitioning veterans into the work force, and combating the national skills shortage and perception of the sector.

Individual enrollment is free and open to all ASA members specializing in industrial staffing—sign up today. To learn more about the industrial membership section, visit americanstaffing.net.

Legal Watch

Keep an Open Ear
HR Magazine (05/12) Dori Meinert

Employers considering hiring foreign nationals from a temporary staffing firm should first check to see if the organization is a member of the American Staffing Association, says Steven Berchem, the association’s chief operating officer. Association members must agree to a code of ethics, Berchem notes, and many association members also earn individual professional certifications, indicating their interest in learning legal and ethical practices. The association also offers corporate certifications.

Mary Wilson, owner of the Holiday Inn Express and Sleep Inn in Douglas, WY, advises employers that have hired workers through a staffing firm to keep open communications with the workers, even when they are not direct employees. “Listen to the employees and what’s happening to them,” she says. Wilson was approached about hiring Filipino nationals from the Giant Labor Solutions staffing firm to work at her hotels in late 2008. She eventually realized something was wrong when the employees told her they were having trouble getting their visas from Giant Labor Solutions. Wilson tried contacting the firm, but received no response. Eventually Abrorkhodja Askarkhodjaev, an Uzbekistan citizen who led the multinational criminal enterprise that included Giant Labor Solutions, was sentenced to 12 years in prison for trafficking hundreds of foreign nationals in 14 states.

How Maintaining Good Records Can Help Avoid Employee Lawsuits
Smart Business (05/01/12)

To avoid lawsuits from employees who think they were unfairly terminated, employers should maintain solid job applications that do not request irrelevant and possibly discriminatory information, accurate job descriptions, and documents signed by applicants stating that they will comply with company rules and regulations. Personal records and medical records must be filed separately to ensure employment decisions are not based on protected criteria, according to the U.S. Equal Employment Opportunity Commission.

Employers would be wise to review and document employee performance and ensure any performance issues are immediately and objectively documented by supervisors. Employers should consult with an employment law expert to review their record-keeping process to fill in any gaps, implement a more solid record-keeping system, and train all company leaders on the policies and procedures.

Wal-Mart to Pay $4.8 Million in Back Wages, Damages
Wall Street Journal (05/02/12) Shelly Banjo

As part of a settlement with the U.S. Department of Labor for alleged violations of the federal Fair Labor Standards Act’s overtime laws, Wal-Mart Stores Inc. will pay $4.8 million in back wages and damages and $464,000 in civil penalties, with more than 4,500 workers receiving payments of $30 to $10,800. DOL accused the company of incorrectly classifying security guards or managers in its vision departments as exempt from overtime rules. The violations occurred between 2004 and 2007, and Wal-Mart reclassified the workers and altered its pay practices when DOL informed the company of the issues back in 2007.

Trends and Research

Labor Forecast Predicts 8.2% Increase in Demand for Temporary Workers in 2012 Second Quarter
G. Palmer & Associates (04/19/12)

Demand for temporary workers in the U.S. is expected to increase 8.2% on a seasonally adjusted basis for the 2012 second quarter, when compared with the same period in 2011, according to the latest Palmer Forecast. “Our forecast for the 2012 second quarter follows recent trends showing growth and indicating another increase in demand for temporary workers, marking the 10th consecutive quarter of year-over-year increases,” says Greg Palmer, founder and managing director of G. Palmer & Associates. “There were 167,000 additional temporary jobs added in 2011 over 2010, following an increase of 339,000 temporary jobs in 2010 over 2009 … Most of the trends remain relatively positive for continued high single-digit temporary help growth,” Palmer adds.

How Technology Can Make Hiring the Right Candidates Easier
Smart Business (05/01/12)

Jeremy Wilcomb, operations manager of the staffing firm the Daniel Group, says technology can aid the traditional recruiting process as well as allow companies to find candidates through such sites as LinkedIn, Twitter, and CareerBuilder, an ASA corporate partner. Companies can search both domestically and internationally and quickly locate qualified candidates with the help of social networking. Moreover, technology can be used to gather more information about candidates, and video résumés and Skype interviews allow them to get to know candidates, particularly those from out-of-state, in a way that paper and phone communications do not allow. Companies also benefit from partnering with staffing firms, which use technology to prescreen candidates and generate reports about staffing needs in terms of finances, project management, and training so that they can gauge future staffing issues.