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.
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
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.
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.
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.
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.
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.”
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.”
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.
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.
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