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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.
Year-End Hiring Plans Edge Up in the U.S.
ManpowerGroup News Release (09/09/14)
The latest Manpower Employment Outlook Survey, released today by ManpowerGroup, reflects sustained momentum in hiring plans among U.S. employers for the fourth quarter of 2014, as U.S. employers report the strongest net employment outlook since the first quarter of 2008, when the outlook was 16%. The seasonally adjusted fourth-quarter 2014 net employment outlook of 15% is up from 14% in the third quarter of 2014 and from 13% a year ago.
Of the more than 18,000 U.S. employers surveyed, 19% anticipate an increase in staff levels in their fourth-quarter hiring plans, while anticipated staff reductions are consistent with past fourth-quarter results at 7%. Seventy-two percent of employers expect no change in their hiring plans. The final 2% of employers are undecided about their hiring intentions.
Korn Ferry International Announces First-Quarter Fiscal 2015 Results
Korn/Ferry International News Release (09/08/14)
Korn/Ferry International reported fee revenue of $251.2 million for the first quarter of fiscal 2015, up 10% (8.9% in constant currency) from $228.4 million in the first quarter of fiscal 2014. Total revenue was $260.3 million, up 9.6% from $237.6 million. Net income totaled $14.5 million, up 27.2% from $11.4 million.
By segment, revenue totaled $148.4 million for Executive Recruitment, up 8.6% from $136.6 million; North American fee revenue was up 11% from $74.1 million to $82.3 million; $65.4 million for Leadership & Talent Consulting, up 5.3% from $62.1 million; and $40.7 million for Futurestep, up 23.3% from $33 million.
TeamHealth Acquires Operations of Heartland Anesthesia Services
TeamHealth Holdings News Release (09/08/14)
TeamHealth Holdings Inc., a provider of outsourced physician staffing solutions for hospitals, has acquired the operations of Omaha, NE-based Heartland Anesthesia Services PC. This transaction further expands the relationship with the Alegent Creighton Health System in Omaha following the previously announced acquisition of Professional Anesthesia Services LLP in December 2013.
NFIB: Optimism Index Sees Slight Bump in August
NFIB News Release (09/08/14)
The National Federation of Independent Business’ Optimism Index for August rose 0.4 points to 96.1, the second highest reading since October 2007.
NFIB owners increased employment by a seasonally adjusted average of 0.02 workers per firm in August, the 11th consecutive positive month but basically a zero net gain. The remaining 78% of owners made no net change in employment. Fifty-six percent of the owners hired or tried to hire in the last three months and 46% reported few or no qualified applicants for open positions. Twenty-six percent of all owners reported job openings they could not fill in the current period, up two points, suggesting no change or a modest reduction in the unemployment rate. Sixteen percent reported using temporary workers, up one point.
New VA Secretary Says Hiring Spree Is Needed to Meet Patient Demand
New York Times (09/08/14) Richard A. Oppel Jr.
The U.S. Department of Veterans Affairs must hire tens of thousands of new doctors, nurses, and clinicians to serve its patients but has had trouble recruiting and retaining talent, according to Secretary Robert A. McDonald. The department had nearly 36,000 clinical provider vacancies in July and almost 46,000 vacancies across the entire veterans’ health care system, a 15.5% vacancy rate.
Attend the Annual Membership Meeting at Staffing World® 2014
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Free ASAPro Webinar Today—Investigating Workplace Incidents
Don’t miss the ASAPro webinar “How to Handle Investigations of Workplace Incidents.” It takes place today from 3 to 4 p.m. Eastern time. Find out how to respond to employee complaints or workplace incidents, whether they occur on your staffing firm’s premises or on those of a client.
All ASAPro webinars are free for ASA members, and most qualify for continuing education hours toward ASA certification renewal. To learn more and to register, visit americanstaffing.net.
Employers on Either Side of Employee Poaching Should Consider Steps to Better Protect Themselves
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Button Bans—Be Careful
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H-1B Employer Found Personally Liable for Violating INA
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Sixth Circuit Limits Enforcement of Key Employment Contractual Waivers in FLSA Cases
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Monitoring Employees: How Far Can Employers Go?
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Restrictive Covenants: Better to Ask and Disclose
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Some Hiring Plans Down, Layoffs Up Slightly, Employment Outlook Reveals
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