The right staffing partner can provide a range of staffing options designed to solve common challenges hiring managers are faced with each day! … Read More »
by Jeanne Knutzen | June 5, 2020
0 About Staffing Agencies, Author-Jeanne, Best Practices /Flexible Staffing, FEATURED BLOGS, FLEXIBLE STAFFING STRATEGIES, HIRING. EMPLOYEE SELECTION, Hiring.Best Practices, Legal Issues - Flexible Staffing, LOCAL NEWS, EMPLOYMENT AND STAFFING TRENDS, STAFFING AGENCIES - SELECTION & MANAGEMENT, Temporary and Contract Staffing get connected, main whats happening
The right staffing partner can provide a range of staffing options designed to solve common challenges hiring managers are faced with each day! … Read More »
by Jeanne Knutzen | June 1, 2020
12 Agency Pricing Practices, Author-Jeanne, Best Practices /Flexible Staffing, FEATURED BLOGS, HIRING. EMPLOYEE SELECTION, Legal Issues - Flexible Staffing, Management.Supervision, STAFFING AGENCIES - SELECTION & MANAGEMENT get connected, main whats happening
Most temporary employees are subject to overtime pay rates regardless of the type of job they do. Here's why its important to know if your agency is paying them accurately. … Read More »
by Jeanne Knutzen | June 21, 2019
0 Author-Jeanne, Best Practices /Flexible Staffing, FEATURED BLOGS, HIRING. EMPLOYEE SELECTION, Legal Issues - Flexible Staffing, LOCAL NEWS, EMPLOYMENT AND STAFFING TRENDS, Temporary and Contract Staffing, What's New in Staffing? get connected
Our clients often ask how long they keep one of our temporary employees on assignment. There are no legal boundaries for length of assignment. … Read More »
by Jeanne Knutzen | June 26, 2018
0 About Staffing Agencies, Author-Jeanne, Best Practices /Flexible Staffing, Lead Gen Content - Selecting/Managing A Staffing Partner, Legal Issues - Flexible Staffing, STAFFING AGENCIES - SELECTION & MANAGEMENT, Temporary and Contract Staffing get connected
As your co employer, how your staffing agency manages its employer and compliance responsibilities can impact you. Here's how.... … Read More »
by Jeanne Knutzen | January 25, 2018
Are Your Temporary Employees Subject to Washington State’s New Mandatory Paid Time Off Policies? The short answer is yes. And this article has the details about the new law and how it will impact you! … Read More »
by Jeanne Knutzen | May 29, 2015
Your Background Checking Process Is Under Increased Scrutiny… …and some employers are already paying the price for processes that don’t line up with Fair Credit Reporting Act (FCRA) regulations. … Read More »
by Jeanne Knutzen | March 27, 2015
Beginning April 1, both large employers (501 employees or more) and small (500 or fewer employees) located in SEATTLE must pay their employees no less than a hourly rate of $11/hr. – or a base of $10/hr. … Read More »
by Jeanne Knutzen | February 4, 2015
As we have discussed on multiple occasions, the wrong classification of workers continues to be an audit target for federal and state unemployment agencies, impacting any employer who uses 1 or 20 independent contractors as a way of doing business. … Read More »
by Jeanne Knutzen | January 9, 2015
A common policy found in many businesses is a prohibition against the disclosure of wage information. This type of policy serves the purpose of preventing workers from battling with HR and each other over who is getting paid what and why. … Read More »
by Jeanne Knutzen | December 23, 2014
By Nickole C. Winnett In a press release issued September 11, 2014, OSHA announced the final rule for Occupational Injury and Illness Recording and Reporting Requirements. For Federal Plan States, the regulation will go into effect on January 1, 2015; State Plan States will announce their dates independently but are encouraged to meet the same deadline. This regulation brings some major new changes for employers. Dr. David Michaels, assistant secretary of labor for occupational safety and health, cited the most recent Bureau of Labor Statistics (BLS) report stating that 4,405 workers were killed on the job in 2013 to emphasize the importance of this new rule. Establishments in certain low-hazard industries are partially exempt from routinely keeping OSHA injury and illness records. Under the new rule, there will be a shift in the number of industries which are partially exempt from keeping these records. Previous regulations used the Standard Industrial Classification (SIC) system to categorize industries. The new rule now relies on the North American Industry Classification Systems (NAICS) along with injury and illness data from BLS from 2007 through 2009 to categorize the industry as low-hazard and exempt employers from OSHA recordkeeping requirements. As a result of this update, employers in several new industries are now required to keep OSHA injury and illness records. A list of these new industries can be found here. The new rule maintains the exemption for any employer with 10 or fewer employees from the requirement to routinely keep records of worker injuries and illnesses. The rule expands the list of severe injuries, which all OSHA-covered industries must report to OSHA regardless of size or partial exemption status. The current rule stipulates that when there is a fatality or three or more hospitalizations, the employer must inform OSHA within eight hours of the occurrence. Under the new rule, a fatality (within 30 days of the work-related incident) must still be reported within eight hours of the death. However, employers will now have a 24 hour window in which to report to OSHA all work-related inpatient hospitalizations that require care and treatment of a single employee, all amputations, and all losses of an eye which occur within 24 hours of the incident. The available methods of reporting by the employer have also been expanded. In addition to calling OSHA's confidential number (1-800-321-OSHA) or calling the local OSHA Area Office, employers will be able to go to the web portal, which OSHA is developing, and make a report electronically. OSHA has stated that not all reported incidents will lead to an inspection. OSHA noted, however, that hospitalization and partial body loss are significant events that indicate serious hazards are likely to be present at a workplace and that an intervention is warranted to protect the other workers at the establishment. OSHA said in its press teleconference that it sees a report as opening a dialog with the employer and that its decisions regarding whether an investigation will be opened will be case-specific. OSHA is most interested in knowing what caused the injury, what the employer intends to do as a result of the incident, and putting the employer on notice–all of which it expects will make an employer more likely to take the necessary steps to rectify the situation. Based on OSHA's conversation(s) with an employer, OSHA indicated that it may decide to take no further action, roll the employer straight into a consultation program, or conduct an inspection. Significantly and most troubling, OSHA also stated during its press teleconference that it will make an employer's report of all fatalities, hospitalizations, amputations, and/or eye losses publicly available on the OSHA website. OSHA stated that it believes that public disclosure will incentivize employers to ensure a safe workplace for their employees.
by Jeanne Knutzen | November 24, 2014
0 FLEXIBLE STAFFING STRATEGIES, Legal Issues - Flexible Staffing, STAFFING AGENCIES - SELECTION & MANAGEMENT Affordable Care Act, Affordable Healthcare – ACA Smart, Co Employment, Employee Benefits, Employee Hiring Decision, Employee Placement, flexible workforce strategies, Workplace Harassment
With the launch of the employer mandates of the Affordable Care Act in January 2015, staffing agencies and their clients have one more reason to worry about co-employment. While the ACA clearly states that only the “common law” employer is responsible for “offering insurance,” and case law strongly supports the notion that the staffing agency is the “common law” employer, what happens if your staffing agency doesn’t offer ACA mandated benefits as required by law. Is there any way you might be liable for fines or penalties? Questions about co-employment get triggered any time two parties share rights and responsibilities inside the traditional employer relationship which is the case with all staffing arrangements involving a third party staffing company and their clients.
by Jeanne Knutzen | October 28, 2014
0 ACA/AFFORDABLE HEALTHCARE - Policies and Processes, Legal Issues - Flexible Staffing, Management.Supervision ACA and Temporary Staffing, ACA compliance, Affordable Healthcare – ACA Smart, Employment Agency Bellevue, Employment Agency Everett, Employment Agency Kent, Employment Agency Seattle, Employment Agency Tacoma, Employment Agency Washington State, Hiring Bellevue, Hiring Everett, Hiring Seattle, Hiring Tacoma, Temporary Staffing Bellevue, Temporary Staffing Everett, Temporary Staffing Kent, Temporary Staffing Seattle, Temporary Staffing Tacoma, Temporary Staffing Washington
The PACE Staffing Network has been preparing for the employer mandates of the ACA for well over two years. As members of the American Staffing Association (ASA), we provided input into several areas of proposed regulation, and attended countless hours of ACA related training. With the ACA’s employer mandates ready to launch January 1 2015, we wanted to share information on the specifics of how the ACA impacts your use of temporary/contract employees. For ideas on how to better manage your needs for staff in light of new ACA mandates, contact a member of our Partnership Development team by contacting email@example.com or calling 425-637-3312.
by Jeanne Knutzen | October 21, 2014
0 Legal Issues - Flexible Staffing, Management.Supervision drug testing, Employment Agency Bellevue, Employment Agency Everett, Employment Agency Kent, Employment Agency Seattle, Employment Agency Tacoma, Employment Agency Washington State, hiring, Hiring Bellevue, Hiring Everett, Hiring Tacoma, Marijuana testing, Marijuana testing Colorado, Marijuana testing Washington, Temporary Staffing Bellevue, Temporary Staffing Everett, Temporary Staffing Kent, Temporary Staffing Seattle, Temporary Staffing Tacoma, Temporary Staffing Washington
As reported by Allen Smith, Manager of Workplace Law for the Society for Human Resource Management (SHRM), in a mid-September announcement. Using data provided by Quest Diagnostics for calendar years 2012 and 2013, the increase reported represents the FIRST INCREASE in marijuana positives since 2003! After reaching a high of 13.6% in 1988, positive drug testing outcomes had been steadily decreasing. In 2013, positive test results were up 3.7%, following a 3.5% increase in the positive rate the year prior. The connection between this increase and the legalization of recreational marijuana in Colorado and Washington did not go unnoticed. Positive results for marijuana use in Washington increased by 23% and in Colorado 20%, compared to a 5% increase among the US general workforce covering all 50 states. The PACE Staffing Network has been offering and then administering drug testing on our client’s behalf since the early 1990s. Initially, our clients got a lot of push back on their drug testing policies, but today, both pre-hire and random drug testing practices are considered the norm with only an occasional challenge from the ADA related to screenings for prescription drugs. While “for cause” testing is more frequently contested, according to Quest, it is the most common reason why workers are drug tested. At the current time, our clients range from zero tolerance employers who require all applicants for either permanent or temporary employment to be rigorously drug tested, to employers who openly request that we not drug screen, concerned that recruiting results will fall short of the numbers of employees needed—particularly when the workers are being used for short term, temporary assignments where product out the door is the driving factor in HR policy. Some employers claim that while some of their workers are known weekend marijuana users, they are amongst their best workers and don’t want an unnecessarily “restrictive” HR policy to interfere with their “business as usual” mentality. The type of drug testing our clients ask us to administer provides some clue as to their level of “tolerance” they are willing to enforce and at what cost. Employers who are serious about eliminating any type of drug use from their workforce typically require hair testing over urine or saliva testing because of its ability to uncover signs of drug use for up to 6 months. Unfortunately, we anticipate these will be the first types of drug testing methods to be legally challenged. While at the current time employers in both Washington and Colorado retain the right to restrict the recreational use of marijuana by employees and can impose sanctions on employees testing positive for marijuana whether it was ingested during a work day or on the weekend. Many believe that the court test of these “one size fits all” types of drug testing policies and sanctions are just around the corner.
by Jeanne Knutzen | September 23, 2014
0 ACA/AFFORDABLE HEALTHCARE - Policies and Processes, Legal Issues - Flexible Staffing Employment Agency Bellevue, Employment Agency Everett, Employment Agency Kent, Employment Agency Seattle, Employment Agency Tacoma, Employment Agency Washington State, hiring, Hiring Bellevue, Hiring Everett, Hiring Seattle, Hiring Tacoma, Temporary Staffing Bellevue, Temporary Staffing Everett, Temporary Staffing Kent, Temporary Staffing Seattle, Temporary Staffing Tacoma, Temporary Staffing Washington
Part II. ACA Requirements and Penalties - 2015! Yes, the 2,300 pages it took to write the law, followed by the 10,000+ pages of regulatory interpretation can be daunting, but with the January 1st launch of our transitional year just around the corner, we are taking the time to boil down the complication into the “critical few”—things our clients MUST KNOW about what lies ahead. In Part I, we provided a complete glossary of ACA terms—just so you would have a playbook. In Part II, we are providing a simple outline of employer and employee requirements for 2015.
by Jeanne Knutzen | August 19, 2014
0 ACA/AFFORDABLE HEALTHCARE - Policies and Processes, Legal Issues - Flexible Staffing ACA and contract staff, ACA and temporary staff, ACA compliance, ACA Definitions, ACA glossary, ACA vocabulary, Affordable Care Act and temporary staffing, Variable Hour Employees
Part I. A Glossary of “ACA Speak” With the employer mandate of the Affordable Care Act just around the corner (January 1st, 2015 for employers with 100+ FTEs), employers everywhere are facing the last round of ACA challenges. To make sure our clients and friends are tracking with ACA requirements, particularly those that impact their use of temporary or contract staff, we will be publishing a series of informational pieces about the ACA called “ACA Smart.” We will be identifying those provisions in the law that we know will drive up your staffing costs, but also the opportunities we see to drive down these costs by making adjustments in how temporary and contract staff are put to work. “ACA Smart” will also cover the operational policies we recommend employers put in place to protect themselves from unanticipated costs or penalties stemming from misguided co-employment protocols. In Part I of “ACA Smart,” we offer a dictionary of ACA terms - all those new words that will soon become part of the regulatory landscape. Key ACA Terms and Definitions Applicable Large Employer (ALE): In 2015, refers to an employer with 100 or more full time equivalent employees. In 2016 will be adjusted to include employers with 50 or more full time equivalent employees. Only ALE’s are subject to the employer mandates and related penalties. Full Time Equivalent (FTE): A term frequently used in the context of determining an employer’s size – the number of people they employee. When applied to a part-time or non-classified employee, it is used to determine what percentage of a full time employee each part-time worker represents. Employer Size: The size of an employer’s workforce is determined by counting all full time employees and adding to that number a calculation of the aggregate number of FTEs stemming from part-time or non-classified (variable hour) employees. The FTE assigned to a part-time employee is calculated as a percentage of the number of hours actually worked during a month divided by 120 hours. For example, if a part-time employee works 110 hours, their FTE = .917 or 110 divided by 120. (Eligible) Full Time Employee: Any employee who averages at least 30 hours per week (130 hours per month; 1560 hours per year). Only full time employees are required to be covered under ACA employer mandates. (Non-Eligible) Part-Time Employee: Any employee who averages less than 30 hours per week (130 hours per month; 1560 hours per year). Part-time employees are not required to be covered by an employer, but must be included in a calculation of company. Seasonal Employees: Employees working less than 120 days in a year for “seasonal” reasons. Seasonal employees are automatically excluded from ACA coverage. Variable Hour Employees: Refers to employees who, at the time of hire, cannot reasonably be classified as either part or full time. Variable hour employees are classified as either part or full time depending on the number of hours actually worked during either an “initial” (IMP) or “standard measurement” period (SMP). Many temporary or contract workers, but not all, will be classified as “variable hour” employees depending on how the conditions of their assignment is described. Your staffing agency is responsible to classify each employee as full, part or variable hour at the point of hire. Ongoing Employee: An employee who has been employed for at least one standard measurement period (SMP). Minimum Essential Coverage (MEC): The requirement to be ACA compliant is a healthcare plan must cover certain healthcare basics – “the diagnosis, cure, mitigation, treatment or prevention of disease.” All individuals are required to purchase MEC compliant plans, unless they are covered by Medicare, Medicaid, Children’s Health Insurance Programs (CHIPs) or a Veteran based plan that is automatically classified as MEC compliant. MEC plans are also referenced as “skinny” plans. Of note, is that most of the healthcare plans currently available for temporary or contract workers are “fixed indemnity plans” that do not meet MEC standards. Minimum Value Coverage (MVC): The requirement to be ACA compliant is a healthcare plan must cover over at least 60% of the overall costs associated with, 1) physician and mid-level practitioner services, 2) hospital and emergency care, 3) pharmacy costs, and 4) laboratory/ imaging services. Of note, is that prior to the ACA, most employer plans had an actuarial value exceeding 85%. The lack of availability of 60% plans in the insurance marketplace is a significant issue for all employers focused on containing costs. Affordability: Refers to the ACA requirement that the employee’s share of the costs associated with their purchase of a healthcare plan for themselves (not their spouse or family) can be no more than 9.5% of the employee’s gross income. If an employee earns $2,000 per month, (approx. $11.60/hr.), they cannot be asked to pay more than $190/month towards their healthcare plan in order for the plan to be considered “affordable.” A plan costing an employer $400/month will, therefore, require that employer to contribute $210/month. Play: Refers to the decision an employer makes to offer a healthcare plan that provides Minimum Essential (MEC) coverage to 70% of its full time employees and their dependent children under age 26 in 2015, 95% in 2016. NOTE: 1) It is not mandatory to offer coverage for spouses, only dependent children under age 26 and 2) employers who “play” are still subject to penalties if: