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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.
Job Openings Rebounded in January Before Virus Impact
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Free ASA Webinar Tomorrow—Complying With State and Federal Leave Laws
Don’t miss tomorrow’s ASA webinar “Stay Compliant and Ahead of the Trends—FMLA, ADA, Paid Sick Leave,” 2–3:30 p.m. Eastern time. Get an overview of the federal laws that relate to employee leaves of absence and the growing number of paid leave laws at the state level. This webinar is sponsored by Essential StaffCARE.
All ASA 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.
Get Your Awards Entries Ready—Earn Recognition and Differentiate Your Firm
Earn national recognition for your company—and leverage that recognition to differentiate your firm in your most competitive markets—by earning accolades from your association.
Being named as one of the best in the industry is a valuable tool your company can use to sell to clients and engage with talent. ASA is now accepting applications for National Staffing Employee of the Year and ASA Elevate Awards.
The National Staffing Employee of the Year program celebrates temporary and contract employees who are outstanding performers and exemplify the promise of staffing employment. Finalists, called “All-Stars,” are also recognized—if merited—in five industry sectors: engineering, information technology, and scientific; health care; industrial; office‒clerical and administrative; and professional‒managerial. Sponsored by StaffPRO3, a division of PMC Insurance Group.
The ASA Elevate Awards honor outstanding, innovative, and effective work-based learning programs that train, reskill, and upskill temporary and contract employees.
The deadline for all ASA award program submissions is May 1. To learn more and apply, visit americanstaffing.net/awards.
Track Staffing Employment in Nearly Real Time
Temporary and contract staffing employment edged down last month but is still just below historical averages, according to the ASA Staffing Index.
Want to know more? Complete the ASA Staffing Index survey to get updated information on industry trends. Staffing firms with U.S. operations can participate in the weekly survey, and there are no fees to participate.
Participants receive a weekly email summary report—in addition to statistics by company size and access to historical data and dynamic charts.
Register today at americanstaffing.net/staffing-index.
ASA Publishes Sample Staffing Agreement Amendment for Remote Work Arrangements
In light of the novel Coronavirus, staffing clients are allowing or directing temporary workers to work from home or at locations away from the clients’ places of business. To help staffing firms memorialize the parties’ respective responsibilities in such arrangements, ASA has published a sample Amendment to Staffing Agreement—Remote Work Arrangements.
Drafted with the assistance of Jason B. Klimpl, Esq., and Andrew P. Yacyshyn, Esq., of Tannenbaum Helpern Syracuse & Hirschtritt LLP, the amendment is intended for use where a written contract with the client already exists. Staffing firms should review the sample amendment with their legal counsel and modify it accordingly.
U.S. Department of Labor Takes Actions to Facilitate Response Efforts for COVID-19 Outbreak
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Occupational Safety and Health Obligations to Record and Report COVID-19 Cases
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Medical Inquiries and Examinations Related to Coronavirus
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Shelter-in-Place Orders Affect Employers in Seven San Francisco Bay Area Counties
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New York Suspends Seven-Day Waiting Period for Unemployment Benefits Due to COVID-19
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Refusal to Retake Physical Abilities Test Dooms Plaintiff’s Ability to Allege Adverse Employment Action
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Guidance on New Jersey’s Equal Pay Act Clarifies Key Factors for Pay Discrimination Claims
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More U.S. Employees Willing to Sacrifice Pay for Better Health and Retirement Benefits
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