Online Community

ASA Central

A dynamic online community for ASA members to exchange ideas and best practices, and connect with industry peers in their sector. Visit the site ›
Find Goods & Services

ASA Marketplace

This powerful online resource enables staffing companies to find and access industry supplier information, products and services. Visit the site ›
Daily Publication

Staffing Today Newsletter

Your #1 daily source for news about the workforce industry. With versions available to members and nonmembers. Visit the site ›
Health Care Reform

Affordable Care Act Resources for Staffing

Up-to-date news, resources, interactive tools, and more—all focused on helping ASA members comply with the ACA. Visit the site ›
Advertisers & Exhibitors

Staffing Industry Suppliers

ASA has numerous and diverse marketing opportunities available to help you reach the rapidly growing staffing industry. Visit the site ›
Exclusive Products

ASA Store

From certification packages and study guides to marketing tools and data reports, ASA resources add value to your business. Visit the site ›

California Appeals Court Awards Conversion Fees to Staffing Firm

A California Court of Appeals recently upheld a staffing firm’s conversion fee provision with its client and awarded the firm $308,626 after the client caused 33 workers to convert to another staffing firm. The provision provided that if the client directly hired a temporary worker or caused the worker to transfer to another staffing firm, the client would pay in accordance with a fee schedule. After the client converted the temporary workers and failed to pay the conversion fee, the staffing firm filed a breach of contract action.

The court held that the provision was a reasonable contractual restraint on business operations, and not a noncompete agreement restricting the right of the staffing firms’ workers to engage in an occupation of their choosing. The court also concluded that the fee was not an unfair penalty because the client could have terminated the staffing agreement, hired a different staffing firm, and incurred no conversion fee liability. Instead, it chose to convert the staffing firm’s temporary workers to another firm; thus, it could not avoid the consequences of its decision by claiming the fee it agreed to was actually a penalty.

To read the case, see Howroyd-Wright Employment Agency Inc. v. Springboard Solutions LLC, 2021 WL 4145092 (Cal. App. 4th Sept. 13, 2021). Note that this case is currently unpublished and not yet certified for publication.