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Volt Information Sciences Provides Update on First Quarter Business Performance

Volt Information Sciences News Release (04/03/12)

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

Accountable Healthcare Holdings Corp. Acquires MED-STAFF Oklahoma

PR Newswire (04/02/12)

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

Hiring and Production Improve at Factories

Associated Press (04/02/12)

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

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

ASAPro Webinar Today—The Conscious and Powerful Interview

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

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

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

Risks of Misclassifying Exempt Workers (03/29/12)

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

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

Communication of FMLA Policy Is Key in Defending FMLA Interference Lawsuit

Lexology (03/28/12) R. Michelle Tatum

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

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

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

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

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

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

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

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

Immigration Attorney’s Tips for Alabama Employers Using E-Verify

Birmingham News (Alabama) (04/02/12) Martin Swant

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

Drafting Enforceable Restrictions on Recruiting Employees

JDSupra (03/28/2012)

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

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

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

Worker Confidence Hits Four-Year High

Randstad News Release (04/02/12)

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

Health Care Jobs Are Growing—What Skills and Certifications Are Demanded?

Wanted Analytics (04/02/12) Abby Lombardi

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

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

Small-Business Hiring Up in Metro Atlanta, Georgia in March, Reports Say

Atlanta Journal-Constitution (04/03/12) David

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