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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.
New York Governor Announces Agreement on Coronavirus Job Protection and Paid Sick Leave
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ASA Publishes Sample Staffing Agreement Amendment for Remote Work Arrangements
In light of the novel Coronavirus, staffing clients are allowing or directing temporary workers to work from home or at locations away from the clients’ places of business. To help staffing firms memorialize the parties’ respective responsibilities in such arrangements, ASA has published a sample Amendment to Staffing Agreement—Remote Work Arrangements.
Drafted with the assistance of Jason B. Klimpl, Esq., and Andrew P. Yacyshyn, Esq., of Tannenbaum Helpern Syracuse & Hirschtritt LLP, the amendment is intended for use where a written contract with the client already exists. Staffing firms should review the sample amendment with their legal counsel and modify it accordingly.
U.S. Department of Labor Takes Actions to Facilitate Response Efforts for COVID-19 Outbreak
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U.S. Seeks to Send Checks to Americans as Part of Stimulus Package
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Shelter-in-Place Orders Affect Employers in Seven San Francisco Bay Area Counties
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New York Suspends Seven-Day Waiting Period for Unemployment Benefits Due to COVID-19
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Occupational Safety and Health Obligations to Record and Report COVID-19 Cases
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Medical Inquiries and Examinations Related to Coronavirus
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Form I-9 Compliance Amid Global Pandemic
Many employers have been instituting “work from home” policies where possible during the COVID-19 outbreak, and they have made inquiries about whether U.S. Immigration and Customs Enforcement has provided any guidance on adjusting the requirements relating to the Form I-9 during this unusual time.
A letter has been sent to ICE asking for leniency, but there has been no official response yet. In reviewing how ICE handled other prior crises (e.g., Sept. 11 and Hurricane Katrina), attorneys can anticipate certain determinations.
With regard to the timely completion of the Form I-9, employers should document any change in business operations due to the COVID-19 crisis and recognize that if a business is closed on a specific day, that is not a business day for purposes of counting the timely completion of Form I-9.
If business continues to operate with many employees working from home, there would still need to be a timely completion of the Form I-9, and original documents would need to be reviewed. Employers may rely on “designated authorized representatives” to act on their behalf. An employer remains liable for Form I-9 compliance, even when forms are completed by designated representatives.
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