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Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?
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.
Adecco Maintains Solid Profitability in U.S. in Q 2012
Adecco Group News Release (08/09/12)
Adecco Group today announced results for the second quarter of 2012. Revenues were up 1% or down 4% organically, to EUR 5.2 billion. The gross margin was 17.7%, an increase of 80 bps versus the prior year. In North America, Adecco’s revenues increased by 2% in constant currency to EUR 967 million. General and professional staffing revenues both grew by 2% in constant currency. The U.S. information technology professional staffing segment grew 2% year-on-year in constant currency in Q2 2012. Revenues developed solidly in finance and legal and medical and science, up 9% and 21% respectively year-on-year, both in constant currency. The engineering and technical segment was down 2% in constant currency. Permanent placement revenues continued to develop strongly, up 15% in constant currency.
U.S. Jobless Claims Unexpectedly Fall as Labor Market Mends
Bloomberg (08/09/12) Michelle Jamrisko; Alex Kowalski
First-time claims for state unemployment benefits fell unexpectedly in the latest week, the U.S. Department of Labor reported today. The number of initial claims in the week ending Aug. 4 fell 6,000 to 361,000, a sign the labor market may keep improving after employment picked up in July. The median forecast of 43 economists surveyed by Bloomberg News called for an increase to 370,000. The four-week average rose 2,250 to 368,250. Claims in the previous week were revised to an increase of 10,000 to 367,000 compared with the initial estimate of a gain of 8,000 to 365,000.
Nissan’s New Hires Are $12-Per-Hour Workers Who Are Temporary for Five Years
Detroit Free Press (08/07/12) Alisa Priddle
Approximately 50% of the 1,000 new workers Nissan is adding at its Canton, MS, facility are contract workers who won’t become permanent employees for five years, says Nissan North America vice president Bill Krueger. “It is not uncommon in the industry to have temporary (or contract) workers,” says Kristin Dziczek of the Center for Automotive Research. Greater use of temporary workers is the “response of a shell-shocked industry trying to avoid anything remotely fixed until they know demand is there for a long time,” she notes.
School Board Approves Temporary Staffing Firm Contract
Baynet.com (08/08/12) Dick Myers
The St. Mary’s, MD, County Board of Education voted yesterday to approve a policy change that means more than 250 temporary county school employees will be working for a temporary staffing firm instead when the new school year starts. The change was made to bring the board in compliance with a state law. The school system will work with temporary staffing firm Abacus Corp.; temporary employees will be employed by the firm, but the school system will evaluate their performance.
RCM Technologies Inc. Announces Acquisition of BGA LLC
NASDAQ (08/08/12)
RCM Technologies Inc. yesterday announced the acquisition of BGA LLC, an Oakland, NJ-based engineering services firm. The purchase of BGA is expected to complement and expand RCM’s engineering services offerings.
Free ASAPro Webinar Wednesday—Register Today
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Is Your Company Prepared for What’s Coming Next?
Succeeding in the staffing business means always being one step ahead of the next industry trend, regulatory shift, or legislative change. Recently, the ASA legal team conducted a free Webinar on potential lawsuits resulting from government guidance on the use of criminal background checks, mandates related to the health care reform law that are set to take effect in 2014, possible business changes resulting from the November elections, and other pressing issues that can affect your bottom line.
Did you miss this important Webinar? Contact Kim Potter at 703-253-2051 to obtain a free recording, or register for the next complimentary Webinar on legislative and regulatory issues, which takes place Sept. 11, 3$ndash;4 p.m. Eastern time.
Suspect Relative’s Illness Is Used to Game FMLA? If True, You’re Free to Discipline or Terminate
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FMLA Laws: Did Employee Exaggerate His Disability?
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Fifth Circuit Court of Appeals Rules in Same-Sex Discrimination Matter
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Montana Obesity Ruling May Be Cause for Concern
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Staffing Co. Randstad Pays $5M to Exit Pay, Break Suit
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IT Job Growth Picks Up in July
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