Contingent Labor Providers Beware by James W. Boyan III, Esq.

  By Anonymous  |    Tue Dec 08, 2015

Category: Expert Advice, Legal

U.S. DOL Issues New Guidance Declaring that “Most Workers are Employees under the FLSA” On July 15, 2015, the United States Department of Labor (“DOL” or the “Agency”) issued Administrator’s Interpretation No. 2015-1 which sets forth the standard the Agency will use to determine whether a worker an...

NONCOMPETITION & NONSOLICITATION AGREEMENTS IN THE PLACEMENT & STAFFING INDUSTRY by John R. Bauer

  By Anonymous  |    Tue May 05, 2015

Category: Expert Advice, Legal

Except in California, placement and staffing firms routinely require that their employees sign noncompetition and/or nonsolicitation agreements. Moreover, there are few, if any, industries that litigate over these agreements more frequently than the placement and staffing industry. Placement and staffing firms regularly sue former employees who have gone to work...

Just Ask Jeff: You didn't obtain approval from the human resources department.

  By Jeffrey G. Allen  |    Tue Jul 22, 2014

Category: Legal, Recruiting

What Client Says: You didn't obtain approval from the human resources department. How Client Pays: This is a variation of the "preferred list" nonsense. Usually there's something buried in a human resources policy manual that reads like: All employment agencies and executive recruiters shall be referred to the human resources department for approval as...

What Client Says: The delay was too long from your referral to the hire.

  By Jeffrey G. Allen  |    Thu Aug 01, 2013

Category: Expert Advice, Legal

How Client Pays: The average delay from referral of a candidate to hire is 98 days. You probably think it's 30 days. I did when I was a recruiter. But as an HR manager, I learned the truth. You think it’s so short because you're unaware of those back-door hires. The...

Let's say it's a two-part agreement. The first part is the initial payment (deposit) upon commencing the search. The amounts vary widely (from a nominal expense advance to half the projected contingency fee). The second part is usually the contingency-fee

  By Anonymous  |    Thu Dec 27, 2012

Category: Expert Advice, Legal

Let's say it's a two-part agreement. The first part is the initial payment (deposit) upon commencing the search. The amounts vary widely (from a nominal expense advance to half the projected contingency fee). The second part is usually the contingency-fee balance computed when the placement is made. (Three-parters with an...

Since your fee schedule wasn't signed by us, we don't owe you anything.

  By Jeffrey G. Allen  |    Thu Dec 27, 2012

Category: Expert Advice, Legal

Ve-r-r-ry fast, if you know the law! It's truly amazing how many employer lawyers attempt to use the ancient statute of frauds to shoehorn a contingency-fee arrangement into a contract that must be in writing and signed by the party to be charged (the client). The common law (original judge-made law) evolved...

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