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Final ACA Employer Rules Address Staffing Firm Issues; Mandate Delayed for Small Employers

The U.S. Treasury Department and the Internal Revenue Service have issued final regulations on the employer “play or pay” requirements under the Affordable Care Act; the rules take effect Jan. 1, 2015. The agencies also issued a one-year delay of the employer mandate for employers with up to 99 employees.

The final rules confirm the availability of a look-back rule of up to 12 months for variable-hour employees. ASA had urged adoption of a rule that would allow staffing firms to presume employees to be variable-hour if their assignments were expected to be less than six months. The final rules did not adopt this recommendation because staffing firms “vary widely in the types of assignments they fill for their clients and in the anticipated assignments that a new employee will be offered.” The rules do, however, provide additional guidance for making variable-hour determinations by specifying the factors that should be considered in making those decisions.

In another accommodation for staffing firms, the final rules allow employees with a break in service of as little as 13 weeks to be treated as a new employee, subject to a new look-back period.

Read more and download the final ACA employer rules. And mark your calendar for Feb. 27, when ASA will present a webinar about the final rules and issues relating to staffing firm compliance in 2015, including the status of health insurance availability for temporary employees.

Ciber Reports Fourth Quarter and Full-Year 2013 Results

Ciber Investor Relations News Release (02/11/2014)

Ciber Inc. reported revenues of $222.3 million in the fourth quarter of 2013, up 1% from the fourth quarter of 2012, and $877.3 million for the year, up 1% from 2012. The company reported $3 million in net income in the fourth quarter before restructuring charges. North American revenues were $104.5 million in the fourth quarter, down nearly 3% on a year-to-year basis.

Net income for all of 2013 totaled $6.9 million before restructuring charges; after restructuring charges, the company posted a net loss of $7.6 million, compared with a net loss of $4.1 million in 2012. North American revenue totaled $423.3 million for the full year, down 2% from 2012.

Labor Battle at Kellogg Plant in Memphis Drags On

New York Times (02/10/14) Steven Greenhouse

Kellogg has kept more than 225 workers locked out of its Memphis plant for more than three months, waiting for their union to agree to a new contract. Due to the lockout’s duration and the exigencies of winter, tensions are running high. Workers believe that Kellogg is trying to undercut their wages out of greed; Kellogg believes that the expensive plant pays above-market wages and must take cuts to become competitive.

Pay and benefits average $28 per hour. Kellogg has cut health insurance benefits during the lockout and continued operations with employees provided by a staffing firm. The union says Kellogg is looking to employ up to 100% of the factory’s employees as temporary or casual hires, far above the current limit of 30%. These would essentially form a tier of lower-wage employees who would earn $6 per hour less than other employees and with far less generous benefits. The union hopes that the U.S. National Labor Relations Board will declare the lockout illegal.

Yellen: Continued Pullback in Fed Stimulus Likely

Associated Press (02/11/14) Martin Crutsinger

In her first public comments since taking over the top Fed job last week, U.S. Federal Reserve Chairman Janet Yellen said Tuesday that if the economy keeps improving, the Fed will take “further measured steps” to reduce the support it’s providing through monthly bond purchases. Speaking before the House Financial Services Committee, Yellen said that she expects a “great deal of continuity” with her predecessor, Ben Bernanke. She signaled that she supports his view that the economy is strengthening enough to withstand a pullback in stimulus but that rates should stay low to fuel further growth. Yellen’s remarks signal that the Fed will keep its key short-term rate near zero for a prolonged period.

Airlines Could Lose Slots At NYC Airports Unless They Raise Low-Wage Contract Worker Pay

New York Daily News (02/10/14) Ken Lovett

Patrick Foye, the New York executive director of the Port Authority of New York and New Jersey, is threatening to boot three major airlines from their city airport slots unless they agree to hike the pay for thousands of low-wage contract workers. In a letter to the heads of JetBlue, United, and American airlines, Foye wrote that a requirement for better pay for contract workers at both LaGuardia and JFK airports will be part of the lease provisions for the new central terminal building at LaGuardia. New York Gov. Andrew Cuomo has said he intends to make LaGuardia and JFK world-class airports, which includes raising workers’ pay.

Get Employees to Take the ASA Staffing Employee Survey—You Could Get a Free Customized Report

The ASA Staffing Employee Survey, a study that will provide an up-to-date profile of U.S. temporary and contract employees, is open through Feb. 28. Findings from the survey will provide an extremely valuable and updated profile of U.S. temporary and contract employees, and the data collected will help fuel legislative and public relations efforts for the staffing and recruiting industry.

Did you know that if 30 or more of your company’s staffing employees complete the survey, your company will receive a free customized report detailing how your company’s employees compare with the industry as a whole? But you must be a member of ASA to access this report, which could provide valuable data for your next big marketing campaign and will help give you an edge over your competitors.

Join ASA this month to get your customized report—just one of many exciting benefits of being a member of ASA. For more information about ASA membership, visit americanstaffing.net or call 702-253-2020 today.