June 21, 2022

New ASA Issue Paper Warns of Legal Risks in Misclassifying Health Care Workers

A growing number of app-based online job platforms that place health care workers may be avoiding payroll taxes and other employee-related costs by misclassifying nurses and nurse aides as independent contractors instead of as employees. This practice exposes caregivers and health care facilities to liability and poses competitive and potential reputational harm to the health care staffing industry.

To combat this problem, ASA is spearheading an effort to educate staffing agencies, health care facilities, and health care workers about the risks of misclassification—and to encourage enforcement action to investigate potentially unlawful practices. A new ASA issue paper, written by a top employment law expert and association legal staff, was developed to assist in the education effort. To help bring public attention to the issue, ASA issued a news release today announcing the association’s efforts and publication of the paper.

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Upcoming Events

Free ASA Webinar This Week—The Supreme Court’s Arbitration Ruling on PAGA Waivers

Last week, the U.S. Supreme Court ruled in favor of Viking River Cruises Inc. in a case relating to whether California employees can be forced to individually arbitrate claims brought under the Private Attorneys General Act. Find out how the decision affects the way staffing companies in California can mitigate class action exposure during the ASA webinar “The U.S. Supreme Court’s Arbitration Ruling in Viking River and What it Means for Staffing Firms.” It takes place Friday, June 24, 2–3 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.

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Register Now for Staffing World—Prices Increase After This Week

Join your peers at Staffing World®, the ASA annual convention and expo, Oct. 25–27 at the MGM Grand in Las Vegas. You won’t want to miss your chance to make strategic connections and get solutions to fuel your growth and success—and see Earvin “Magic” Johnson in person when he delivers the opening keynote presentation.

When you bring your team you’ll save even more—the discount for multiple full registration packages has increased this year to 15%.

Register at staffingworld.net by this Friday, June 24—after that date, rates will increase.

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National Safety Month Continues—Prevent Workplace Injuries

June is National Safety Month, and ASA is proud to partner with the National Safety Council in promoting this campaign to reduce the leading causes of injury and death at work, on the road, and in U.S. homes and communities. NSC offers free downloadable resources, highlighting a different safety topic each week in June, at nsc.org.

The theme for this week is injury prevention. In 2020 (based on the most recent data available) more than four million workplace injuries required medical attention in the U.S. Learn about approaches to preventing injuries and deaths, including identifying hazards and assessing risks. Protecting temporary worker safety and well-being is a top priority for ASA.

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ASA Corporate Partners

Staffing Today is published by the American Staffing Association, with news abstracts copyrighted in 2022 by SmithBucklin of Chicago, IL, and all other content copyrighted in 2022 by ASA. No part of this publication may be reproduced without permission.

About ASA

The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. Learn more at americanstaffing.net.

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