It's hard to believe we're already into the last Quarter of 2009. In some ways I'm happy to see most of 2009 behind us and in other ways I reflect to say it's been a great filter for business.
Many businesses have had to review their staff and their expenses. This slower economy has given us the opportunity to filter through what works and what doesn't. We've had the chance to refocus on the 'personal' matters of 'personnel'. We've had time to take the phone calls and to contribute to conversations.
If you are still out there hanging on and doing your best, give yourself a pat on the back! It's been a tough year for our industry. It is refreshing to see business and client outlook improving as well.
COATS will continue to strive to offer the latest in technology and golden customer service. If you have anythign you'd like to discuss or offer in terms of a need, please don't hesitate to call.
Happy Autumn,
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Court Rules Client Interview Time Compensable
A federal court in California has held that, pursuant to state wage and hour law, a temporary employee must be paid for time spent interviewing with clients.
The court said interview time was compensable because the staffing firm controlled the interview process and knew that the work was being performed. Among other things, it found that the firm arranged the interviews, put its logo and name on the employee's résumé, and directed her in how to prepare for the interviews.
The staffing firm argued that the time was not compensable because the interviews were voluntary and that the plaintiff was not employed by the firm at the time of the interview. The court rejected the arguments, ruling that the plaintiff was employed because the firm considers individuals as its employees even when they are not on assignments and finding the interviews to be voluntary only to the extent that employees are willing to forgo jobs that require interviews.
The court rejected the employee's claims for her preparation and travel time. It also held that the firm was not subject to penalties because there was no evidence that the violations were willful.
ASA is evaluating the court's ruling with a view to developing guidance for staffing firms on how to address the liability issues raised by the decision.
To read the decision, see Sullivan v. Kelly Services Inc., 2009 WL 3353300 (N.D.Cal. Oct. 16, 2009).
~Anne Duffy
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 Don't Forget the FCRA!!!
As the economy shows signs of recovery many staffing firms either are required by certain clients or routinely utilize background checks as part of the hiring process, and engage the service of third parties, such as consumer reporting agencies, to gather background information, including criminal history reports. When "red flags" surface in these background reports, employers typically act on that information and decide against hiring the individual. Companies must remember that when they use a third party reporting agency to gather this information, whether it is a credit bureau or some other background screening company, the Fair Credit Reporting Act ("FCRA") is triggered.
Most companies now include language in their job application forms that obtain from applicants the necessary consent required to conduct these background checks under FCRA. However, any company who has not typically utilized a third party background check service and decides to do so must be sure to have their application/pre-hiring forms reviewed to make certain that the appropriate authorization for conducting these background searches exists.
Equally important, and more often overlooked, is the FCRA disclosure requirement. FCRA requires that an employer who intends to take an adverse action (like denial of employment) based on a consumer report make certain disclosures before taking the adverse action. Specifically, the company must:
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 It's Free! Take advantage...
Updates are often sent with White Papers detailing the latest enchancements to COATS. Unfortunately there isn't always time to read and review each in detail. We've helped to change that! I've been offerring free webinars online - you and your staff can attend and see the new enhancements. Seeing is believing and understanding.
Please take advantage of these classes!
On November 11th and November 18th, 1-2pm EST, I will cover the latest. There is only room for 15 clients in each class, be sure to sign up soon as our first four classes have filled to capacity.
We will cover:
ˇ Email Integration to Employee Contact and Client Sales
ˇ FREE text messaging to possible job candidates
ˇ New contact notes for Resume Sent, Email Sent, Text Sent
ˇ Job Order Contact Details Report
ˇ Employee Photo Id
ˇ COATS Screen, Fixed Position
ˇ Our newly Integrated Resume Parsing option (Value added feature)
ˇ New Integrated Solutions tab
ˇ Essential StaffCARE reports
Please
click here and scroll down to GoToMeeting Online training to sign up!
Wednesdays aren't great for everyone, email kconnor@coatssql.com if you want to schedule a separate one-on-one Webinar for either COATS Standard or COATSsql!
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 Miss a Newsletter?
It's been a full year since the first In Touch! If you missed one of our monthly newsletters, click to see what you missed.
2009:
January, February, March, April, May , June, July, August, September | |
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COATSsql Version 3.2.7
released 9/9/09
COATS Standard Version 8.3.7 released December 29th, 2008. Click here to view Enhancements
Released Tax Updates for COATS Standard & COATSsql
12/30/2008 Yearly
02/27/09 Stimulus
04/27/09 AZ
05/05/09 NY
05/19/09 CO
9/28/09 NJ
10/30/09 CA
You will need your Customer Only User Name and Password to access the above sites.
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"Every time we work with Karen Connor we are reminded what a great program Coats is and of the many options we have to use." Karen keeps us informed and trained on Coats she is wonderful. I recommend her training to everyone."
Violet,
Pro-Active Staffing Inc.
"Very informative"
Laura Kasper,
President -Monarch Staffing
"I thought it was very much so worth the time. Would like to do it again.
Vanessa Kelley,
Taske Force, Inc.
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