Compliance Stuff

A new federal appeals court decision just delivered welcome clarity for staffing companies that provide optional benefits and deduct the expense from employees’ wages. The December 5 ruling from the 11th Circuit Court of Appeals held that a staffing agency can deduct the cost of optional job-site transportation and does not have to pay workers for travel, waiting time, or tool-pickup tasks, so long as those activities aren’t part of the employee’s core work . It’s a solid win for staffing agencies in Florida, Georgia, and Alabama, but industry leaders across the country can also benefit from the lessons this case teaches. Here are seven key takeaways staffing companies can take from the  Villarino v. Pacesetter Personnel Service  decision, along with a list of specific action items you can put into place. What Happened? The dispute began when a group of day laborers sued Florida-based Pacesetter Personnel Service, arguing that the company’s long-standing transportation system ...

A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share certain commonalities, such as a worksite, corporate policies, management, or ownership. The 11th U.S. Circuit Court of Appeals’ decision last month serves as an important reminder for companies that use similar business models, which are especially prevalent in the healthcare industry . We’ll explain what happened in the Florida case and give you four steps to help avoid single-employer liability across multiple businesses. What Happened? The 11th Circuit  ruled on June 18  that a F lorida psychiatric hospital and a hospital management company operated as a single employer for liability purposes under the Occupational Safety and Health (OSH) Act. This “single employer” determination allows the Occupational Safety and Health Administration (OSHA) to cit...