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DOL Issues Final Joint Employer Rules, Acknowledging and Reflecting ASA Input (TEST FOR 1/13/20)

On Jan. 12, the U.S. Department of Labor issued final joint employer rules that acknowledge and reflect the American Staffing Association’s comments on proposed rules DOL issued in June 2019. ASA supported DOL’s proposed streamlined four-factor test for determining joint employer status but pointed out that DOL’s proposed joint employment example pertaining to staffing could be misinterpreted, thus frustrating DOL’s goal of providing greater clarity.

The example provided that a client exercised control over a staffing firm’s temporary workers by, among other things, setting their hourly rate of pay. ASA noted that in most staffing arrangements, clients do not set temporary workers’ pay and urged DOL to revise the example.

The final rules include a revised example, reflecting ASA comments, that focuses on clients’ supervision and control over temporary workers’ work, as well as their control over work schedules. DOL also included a new example to show when a staffing client will not be a joint employer. In that example, the staffing firm not only exclusively determines assigned workers’ pay and work schedules, it also supervises them through an on-site supervisor.

The joint employer rules are available at (TEST FOR 1/13/20)

Ampcus Inc. Acquires iTech Solutions Inc.

Ampcus Inc., a global staffing, information technology, and business consulting firm, has acquired Farmington, CT-based iTech Solutions Inc., an IT staffing and services company. iTech Solutions will continue to operate under the iTech company name and brand.

The Conference Board Employment Trends Index Was Down in December

The Conference Board Employment Trends Index declined in December, following an increase in November. The index now stands at 109.68, down from an upwardly revised 110.51 in November. The decrease marks a 1.2% decline in the ETI over the past 12 months.

The ETI “continues to be on a flat trend since the summer of 2018,” said Gad Levanon, head of the Conference Board Labor Markets Institute. “In the current state of the labor market, a flat index is consistent with an ongoing labor market expansion. We expect job growth to remain solid and the labor market to continue tightening.”