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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.
ManpowerGroup Reports Third Quarter 2015 Results
ManpowerGroup News Release (10/21/15)
ManpowerGroup reported revenue of $5 billion for the third quarter of 2015, down 8.2% (up 5.8% in constant currency) from $5.4 billion in the third quarter of 2014. Net earnings totaled $123.9 million, down 5.1% (up 9.5% in constant currency) from $130.5 million in the year-ago quarter. U.S. revenue in the 2015 third quarter totaled $769.6 million, down 3.9% (down 3.9% in constant currency) from $800.5 million in the 2014 third quarter, attributed primarily to softer demand in light industrial staffing, down 9% in the quarter. “Based on where we see the U.S. and, in particular, Europe, our view is that both of those regions could be seeing better growth in 2016 compared with 2015, notwithstanding some softness and choppiness in those economies,” said Jonas Prising, ManpowerGroup chief executive officer.
Volt Information Sciences Appoints Michael Dean as President and Chief Executive Officer
Business Wire (10/20/15)
Volt Information Sciences Inc. on Tuesday reported that it has appointed Michael Dean to serve as the company’s president and chief executive officer, effective immediately. Dean has served as Volt’s chairman of the board since May 2015 and as interim president and CEO since June 2015. Dean will remain a member of the board, but will no longer act as chairman. Concurrent with this announcement, the board of directors has appointed Dana Messina, a current board member, as chairman.
Labor Union Says California Minimum Wage Initiative has Enough Signatures for 2016 Ballot
Silicon Valley Business Journal (10/15/15) Bryce Druzin
An initiative to raise California’s minimum wage to $15 an hour by 2021 has enough signatures to qualify for the November 2016 ballot, according to SEIU-United Healthcare Workers West, which is promoting the measure. California requires 366,000 signatures for initiatives to be placed on the statewide ballot. SEIU-UHW West political director Arianna Jimenez says the union has a goal of reaching 610,000 before submitting the signatures to the California Secretary of State’s office in January 2016. If passed, the Fair Wage Act of 2016 will increase the state’s minimum wage to $11 in 2017. The wage will subsequently increase $1 each year until it reaches $15 in 2021. After that, the wage will increase to match changes in California’s Consumer Price Index for urban workers.
Temporary Jobs Uncertain in Contract Proposal
Toledo Blade (10/20/15) Tyrel Linkhorn
Unionized employees of Fiat Chrysler Automobiles began voting on Oct. 20 on a tentative labor contract. There is uncertainty about the number of jobs the automaker has promised to protect at the Toledo Assembly Complex. Fiat Chrysler employs approximately 5,000 workers at the plant. About 1,000 of those workers are classified as temporary part-time employees. The complex also has another 1,000 employees who work for Kuka and Mobis, which are on-site parts suppliers.
The contract proposal that company and union negotiators agreed to this month includes a commitment to maintain the current workforce and contains a provision to include “positions associated with Kuka and Mobis.” Temporary workers, however, are not mentioned. While temporary part-time employees are not meant to be needed long term, the Toledo plant is unique in that nearly one in five Fiat Chrysler employees is classified as temporary. Nearly half of the company’s overall temporary part-time employees work in Toledo. United Automobile Workers officials and local union officials have yet to comment on whether those 1,000 temporary positions would be preserved.
Become an Approved Continuing Education Provider
ASA offers an Approved Continuing Education Provider program, which validates educational programs that provide continuing education hours toward ASA certification renewal.
Under the ACEP program, ASA reviews content from companies that provide educational material related to staffing and recruiting. If their material is approved, companies may display the ACEP seal on their educational offerings, indicating that they meet ASA standards for quality and content. The ACEP seal distinguishes industry trainers, suppliers, and staffing companies that have been approved to award CE credits toward maintaining ASA credentials.
Learn more and apply to become an ACEP at americanstaffing.net. For assistance, contact Emily Lawson or call 703-253-1145.
Court Orders Stay to Ruling That Would Change Nevada’s Minimum Wage Law
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State-Specific Quirks May Thwart Unwary Employers’ Noncompete Agreements
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How California Employers Can Combat Timecard Fraud and Employee Wage Theft
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FMLA Leave Is Not the Time to Reevaluate Employee’s Position
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