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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.
Health Carousel Acquires MEDPATH
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Nearly 800,000 Apply for Unemployment Benefits in Early February
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Online Labor Demand Rose in January
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More Temporary Workers: Signs of an Improving Economy Emerge Despite Pullback in Hiring
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Pharmacies Go on Hiring Sprees
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Target Offering Paid Time Off for Covid-19 Vaccine
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Free ASA Webinar Next Week—Selling to Prospects Virtually
Are you running into roadblocks in your attempts to sell staffing services virtually? Find out how to identify, overcome, and prevent prospective clients’ common objections during the ASA webinar “Selling Virtually—Getting Through Prospects’ Top Objections Right Now.” It takes place Tuesday, Feb. 16, 3–4 p.m. Eastern time.
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.
Network Virtually With Colleagues in Hospitality Staffing
Do you work in hospitality staffing? Are you dealing with questions that are specific to hospitality staffing and looking for ideas on how to address new challenges? Get insight from industry peers during the Hospitality Staffing Virtual Networking Call. It takes place Wednesday, Feb. 17, 3–4 p.m. Eastern time.
ASA networking calls give members a chance to network with their sector peers on the topics they’re most concerned about. Calls are facilitated by volunteers from ASA section communities (participants will not receive official legal updates or guidance regarding Covid-19).
Get more information and register at americanstaffing.net.
Have You Used Your Staffing Promo Tool Kit Lately?
All ASA members have access to a host of free resources designed to help them answer frequently asked questions. Get marketing resources that will help your clients and candidates understand the value of using a staffing company—including infographics, member logos, social media tactics, sector-specific FAQs for clients and talent, slide presentations, and much more—in the ASA Staffing Promo Tool Kit.
You can customize the FAQ documents with your company logo, incorporate them into client presentations, or provide them to candidates during the interview process. Get them in the ASA Staffing Promo Tool Kit at americanstaffing.net.
The Latest From Your Colleagues on ASA Central
ASA Central—the dynamic online community just for staffing professionals—is home to more than 20,000 staffing professional profiles and countless ongoing industry conversations.
This week, take a look at your colleagues’ discussions and some of the blogs they’ve posted on ASA Central:
- Maintaining contact with candidates already in your applicant tracking system
- Programmatic job advertising
- Virtual vs. in-person career fairs
Get involved with the community—update your profile today so you can network with colleagues, join a section community, recommend and comment on your colleagues’ posts, and share your own blog or discussion post. Log in to ASA Central now.
Ninth Circuit Holds Staffing Firm’s Per Diem Must Be Included in Overtime
In a class action relevant to health care staffing firms and others that reimburse traveling workers through per diem payments, on Feb. 8 a panel of the Ninth Circuit Court of Appeals in California held that a health care staffing firm’s per diem payments constituted compensation for work and thus must be included in traveling workers’ regular rate of pay for overtime purposes.
Per diem payments may be excluded from calculation of overtime under the Fair Labor Standards Act if the payments reimburse workers for meals, incidentals, and housing incurred on behalf of the employer while working away from home. They may not, however, effectively function as compensation for work.
The plaintiffs filed a class action lawsuit against AMN Healthcare alleging that the firm’s per diem payments between 2013 and 2017 functioned as compensation because they were prorated when the workers did not work hours or shifts required under their contracts. The trial court rejected this argument, but the Ninth Circuit panel reversed the decision of the trial court. The ruling was highly fact-specific and thus may not apply to all staffing firms that use per diem payments. Nevertheless, firms are advised to review the decision and their per diem practices with their legal counsel.
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From ASA: AMN Statement In a statement, AMN responded: "AMN’s commitment to its health care professionals is unwavering. We are disappointed and disagree with the Ninth Circuit’s ruling and are evaluating our legal options. We believe that AMN’s payment of per diems for reimbursement of expenses incurred by health care professionals traveling away from their homes as they serve the needs of our communities across the country is appropriate and common within our industry and many other industries that pay per diems. We will continue to support our health care professionals and clients to meet the health care challenges of today as we work together for a healthier future." |
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
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Employers Should Confirm That 2020 FFCRA Wages Were Properly Reported
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Covid-19: State Policy Report, Feb. 9
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Nevada Supreme Court Rules in Favor of Dickinson Wright Client, Applying the ‘Savings Clause’ in Enforcing Noncompetition Agreements
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Logistics Hiring Contracted to Start the Year
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How to Lose a Candidate in 10 (Business) Days
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