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Fifth Circuit Finds Staffing Firm Not Liable for Clientโs Alleged Harassment of Temporary Workers
A federal appeals court recently affirmed summary judgment in favor of a staffing firm, holding that two temporary workers failed to demonstrate the staffing firm knew about or was in the position to correct alleged harassment by a clientโs employee. The temporary workers alleged they were separately mistreated by the same client employee—subjected to racial…
Tell Your Talent About the 2018 ASA Staffing Employee Survey
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Nevada Becomes the First State to Ban Pre-Employment Cannabis Tests
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California’s AB 2257: Sweeping Changes to AB 5 Independent Contractor Law
California Assembly Bill 2257, which significantly revises and clarifies the state’s independent contractor laws, went into effect on Sept. 4, drastically shifting the employee classification calculus. AB 5, which took effect on Jan. 1, instituted the “ABC Test” as the default standard to…
Court Allows Invasion of Privacy Claim After Employer Request to Count Employee’s Prescription
In Effinger v. Birmingham-Jefferson County Transit Authority, a federal court in Alabama held that an employer’s request to count an employee’s prescription medication—in connection with a drug test the employee passed—supported the employee’s claim for invasion of privacy. The case…
Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of Dynamex
The U.S. Court of Appeals for the Ninth Circuit recently vacated a judgment for Grubhub Inc. and against a former food delivery driver who claimed that he was misclassified as an independent contractor when he performed food delivery services. The delivery driver had asserted claims for minimum…
From BIPA to GIPA: Illinois Class Action Litigation
A fresh wave of litigation involving the Genetic Information Privacy Act has recently emerged in Illinois. To understand GIPA’s requirements, it is imperative to understand GIPA’s definitions. GIPA contains a definitions section, which expressly defines certain terms used in the act and adopts…
Testing the Limits
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Kansas Supreme Court Describes ‘Tool’ to Determine Employment Status
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