May 27, 2020

Staffing Jobs Tick Up in May

Published May 27, 2020 ■ Announcement

Staffing jobs for the week of May 11–17 increased 1.2% from the prior week, ticking up to a rounded value of 61, according to the ASA Staffing Index. Although staffing employment was down 36.0% year-to-year, this marks the third consecutive week that the index has advanced amidst the Covid-19 pandemic.

The ASA Staffing Index four-week moving average held at a value of 60. Temporary and contract staffing employment for the period ending May 17 was 36.4% lower than the same period in 2019.

This week, containing the 12th day of the month, will be used in the May monthly employment situation report scheduled that will be issued by the U.S. Bureau of Labor Statistics June 5.

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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.

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Recruit Holdings Co. Reports Financial Results for Fiscal Year 2019M

Published May 27, 2020 ■ Headline News

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Dallas Fed: Contraction Continues in Texas Manufacturing Sector, Though Severity EasesM

Published May 27, 2020 ■ Headline News

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Free ASA Webinar Today—Help Recruiters Reach a Higher Level

Published May 27, 2020 ■ ASA for You

Don’t miss the ASA webinar “Leveling Up Your Recruiters.” It takes place today from 2 to ;3 p.m. Eastern time. Find out about tools you can use to improve recruiters’ effectiveness right now and to gear up for your postpandemic hiring efforts.

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.

Free ASA Webinar Tomorrow—Conduct Better Video Interviews

Published May 27, 2020 ■ ASA for You

Don’t miss tomorrow’s ASA Staffing Tech Insights webinar, “Getting the Most Out of Video Interviewing During the Pandemic,” 2:30–3:30 p.m. Eastern time. Find out about the job distribution platforms and programmatic advertising tools available to staffing firms right now, and hear from a staffing company executive about one company’s experience with the technology.

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.

Game Changing Court Decisions for Professional Staffing Firms Using H-1B Visas

Published May 27, 2020 ■ Legal Watch

This week, U.S. Citizenship and Immigration Services (“USCIS”) agreed to a settlement of a major court case that has significant benefit to staffing firms that use the H-1B visa program to hire professional-level employees. The settlement dramatically reduces evidentiary requirements for issues including proving the “employer–employee relationship”; “availability of work”; and project itineraries.

For years, professional staffing firms relying on H-1B workers were frustrated by demand for excessive documents showing the relationship between the end client and the staffing firm. In 2018, USCIS issued a Policy Memorandum entitled “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites” (“2018 Contracts Memo”) that specified even more documentation staffing firms were required to present.

Two separate courts recently issued decisions negating the validity of the 2018 Contracts Memo, and USCIS entered a settlement that includes several key conditions that benefit professional staffing firms that rely on H-1B workers.

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