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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.
BLS: Staffing Employment Rose in January
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Small Business Hiring Remains Steady in January
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Trader Joe’s Increases Pandemic Pay; Kroger Announces Store Closings Over Hazard Pay Mandates
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Get Your Staffing Benchmarks and Projections
The association’s quarterly Staffing Employment and Sales Survey for the fourth quarter of 2020 is now open. Staffing companies that complete the brief survey by Feb. 19 receive an exclusive report on the results, which includes gross margin and sector-level data.
Register to take the survey, or view the questionnaire, at americanstaffing.net/quarterly-survey. If you have questions or did not receive a survey link, email research@americanstaffing.net. There are no fees to participate.
Jump-Start New Hires’ Success With the ASA Online Onboarding Program
Prepare your team with the industry-specific information they need to represent your company in the best way—or give new employees the best possible first impression of the industry and your firm. The online staffing professional onboarding course program from ASA equips your team with essential industry knowledge.
The online course modules include “Introduction to the Staffing Industry,” “Fundamentals of Sales,” and “Fundamentals of Recruiting.” To learn more about these courses, to purchase courses for yourself, or to assign courses to others in your company, visit learn.americanstaffing.net or call 703-253-2020.
Welcome New ASA Members
The ASA board of directors and staff welcome the following new members, which joined during the week ending Jan. 31.
Cure Staffing
Whitestone, NY
Lone Star Temporary Services
Houston, TX
SlingShot Connections
San Jose, CA
Unison Systems
Greenwood Village, CO
Section 125 Plans Offering Wellness Benefits Warrant Caution—Be Sure You Understand the Tax Rules
Certain suppliers have been promoting employer-sponsored benefit plans generally described as “wellness” programs that promise significant tax benefits to both employees and employers. The U.S. Department of the Treasury and U.S. Internal Revenue Service have been scrutinizing these plans and have challenged the claimed tax savings.
To qualify for the favorable tax treatment accorded health insurance, there must be some risk of loss based on the fortuitous occurrence of a stated contingency. The IRS has held that merely receiving payments for engaging in certain wellness activities, for example, does not involve such a risk. Given the complexity of the legal issues and the potential tax consequences to both the employer and its employees, staffing firms considering adopting such plans should ask the providers to provide a formal IRS taxpayer opinion letter based on the facts of the specific arrangement. At a minimum, they should consult with their own legal or tax advisers.
H-1B Rule to Create Wage-Based Lottery Delayed Until Years’ End
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‘Hero Pay’ Ordinance Passed in City of Long Beach and Likely Coming to a City Near You
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Washington, DC, Council Passes ‘Protecting Businesses and Workers From Covid-19’ Declaration for 2021
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Job Cuts Increase Slightly in January
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Recovery Slow for Small Businesses
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Small Businesses Still Facing Pandemic Challenges
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